U.S. Securities and Exchange Commission
Litigation Release No. 18674A / April 22, 2004
SECURITIES AND EXCHANGE COMMISSION v. William E. Lyons (E.D.Va.,
Civil Action No. 04-CV-459)
S.E.C. Charges Former Broker With Attempting to Sell A Phony Prime Bank
Guarantee
The Commission announced today that it has filed a securities fraud
lawsuit in the United States District Court for the Eastern District of
Virginia charging William E. Lyons (Lyons) with offering to sell Bear
Stearns & Co. (Bear Stearns) and three other financial institutions a
fraudulent foreign bank guarantee for $200 million that Lyons claimed would
be worth $220 million in one year. Without admitting or denying the
allegations in the Commission's complaint, the defendant consented to the
entry of a final judgment that permanently enjoins Lyons from future
violations of Section 17(a) of the Securities Act of 1933 and Section 15(a)
of the Securities Exchange Act of 1934, and imposes a $25,000 monetary
penalty on Lyons. Further, Lyons agreed to the entry of an administrative
order, following entry of the injunction, that bars Lyons from association
with any broker-dealer with a right to reapply after five years.
The Commission's complaint alleges that in September 2002, Lyons,
operating through SV Group, approached a senior managing director at Bear
Stearns - where Lyons had previously been employed as a broker - to sell
Bear Stearns a purported "zero coupon bank guarantee note" for $200 million,
saying it would be worth $220 million one year after its purchase. Lyons
provided Bear Stearns with documentation describing the purported bank
guarantee and the transaction that Lyons claimed he and his associates would
coordinate in order for Bear Stearns to obtain a bank guarantee issued by a
third party. Lyons had obtained the offering materials and other information
that he provided to Bear Stearns from a network of individuals and entities
located in Europe. Despite significant training and experience in the
financial services industry, Lyons failed to conduct any type of independent
inquiry into the purported bank guarantees or into the individuals and
entities that claimed that they could furnish them. In fact, the investment
opportunity that Lyons offered to Bear Stearns did not exist.
The Commission's complaint further alleges that during the time that
Lyons, through SV Group, were offering the bank guarantee to Bear Stearns
and the three other financial institutions, SV Group was not registered with
the SEC or the NASD as a broker-dealer and Lyons was associated with an
unregistered broker-dealer.
For more information about prime bank frauds, visit the SEC's "Prime Bank
Information Center" at
http://www.sec.gov/divisions/enforce/primebank.shtml. To report
suspicious activity involving possible Internet fraud, visit
http://www.sec.gov/complaint.shtml.
SEC
Complaint in this matter
http://www.sec.gov/litigation/litreleases/lr18674a.htm
