Charles O. Morgan, Jr., as Personal Representative of the Estate of Frederick J. Kunen; Terry E. Provence and DT Capital LLC

U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 22864 / November 7, 2013

Securities and Exchange Commission v. Charles O. Morgan, Jr., as Personal Representative of the Estate of Frederick J. Kunen; SEC v. Terry E. Provence and DT Capital LLC, Civil Action No. 07-22204-CIV-GOLD (S.D. Fla.) (Consolidated Cases)

The Commission Dismisses Its Claims for Disgorgement and Prejudgment Interest Against Charles O. Morgan, Jr., as Personal Representative of the Estate of Frederick J. Kunen

The Commission announced that it dismissed its claims for disgorgement and prejudgment interest against Charles O. Morgan, Jr., in his capacity as personal representative of the probate estate of Frederick J. Kunen (Kunen's Estate), because Kunen's Estate was placed under Receivership. Morgan had not been sued in his personal capacity.

On August 23, 2007 the Commission filed an emergency civil action against Charles O. Morgan, Jr., as personal representative of Kunen's Estate, in connection with a fraudulent options trading scheme orchestrated by Frederick J. Kunen (Kunen). Kunen died on July 11, 2007 at age 55. That same day, the Honorable Alan S. Gold, United States District Judge for the Southern District of Florida entered, among other things, an emergency order temporarily freezing the assets of Kunen's Estate and appointed a receiver over Kunen's estate. The court appointed receiver filed his final report and has since been discharged.

For more information on earlier actions in this case, see LR 20253 (Aug. 24, 2007), LR 20395 (Dec. 12, 2007), and LR 20606 (June 2, 2008).