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Friday, December 20, 2013

SEC CHARGES INDIVIDUALS, ENTITIES IN PRIME BANK FRAUD INVOLVING OVER $31 MILLION

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 
SEC Charges Seven Individuals and Six Entities Involved in Prime Bank Fraud

The Securities and Exchange Commission filed a civil injunctive action on December 12, 2013, in the United States District Court for the District of Colorado against Colorado resident Daniel D. Coddington, his company Golden Summit Investors Group, Ltd., and others who carried out a Prime Bank Fraud that raised more than $31 million from 2010 through 2012.

The SEC’s complaint alleges that Coddington, Jesse W. Erwin, Merlyn C. “Curt” Geisler, Marshall D. Gunn, Lewis P. Malouf, Golden Summit, Extreme Capital Ltd, Fidelity Asset Service Corp., Geisco FNF, LLC and SouthCom Management, LLC claimed to have access to special programs that would provide annual returns of more than 250 percent by obtaining loans against a financial instrument known as a collateralized mortgage obligation, or CMO, and then investing the loan proceeds in a purported CMO trading program.  The complaint alleges that the above individuals and entities never obtained any loans against CMOs or placed investor funds in a CMO trading program, but instead misappropriated investor funds for their own use.  The complaint also alleges that Seth A. Leyton, Michael B. Columbia and Stonerock Capital Group LLC aided and abetted the fraud by selling CMOs held for the benefit of investors and funneling those proceeds back to Coddington.

The SEC’s complaint alleges that Coddington, Erwin, Geisler, Gunn, Malouf, Golden Summit, Extreme Capital, Fidelity Asset, Geisco and SouthCom violated the antifraud provisions of the securities laws in Section 17(a) of the Securities Act of 1933, Section 10(b) of the Exchange Act of 1934 and Rule 10b-5 thereunder; and that Coddington, Erwin, Columbia, Leyton, and Stonerock Capital also aided and abetted these violations.  The complaint also alleges that Coddington, Geisler, Gunn, Malouf, Extreme Capital, Geisco, Golden Summit, and SouthCom violated the security registration provisions of the securities laws in Sections 5(a) and (c) of the Securities Act.  Also, the complaint alleges that Coddington, Geisler, Gunn, Malouf, Extreme Capital, Geisco, Golden Summit, and SouthCom violated Section 15(a) of the Exchange Act by acting as unregistered broker-dealers.  The SEC’s complaint seeks permanent injunctions, disgorgement plus prejudgment interest, third-tier penalties, and other relief against all of the defendants.   Additionally, the complaint seeks disgorgement plus prejudgment interest from relief defendants Daniel S. “Scott” Coddington, Coddington Family Trust, Joanna I. Columbia, Vincent G. Farris, and Vincent G. Farris Co., L.P.A.

The SEC’s investigation was conducted in the Denver Regional Office by John C. Martin, Kerry M. Matticks and James A. Scoggins.  Leslie J. Hughes will lead the SEC’s litigation.  The SEC acknowledges the assistance and cooperation of the Federal Bureau of Investigation and the Financial Industry Regulatory Authority.

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