UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15628 / January 28, 1998 Securities and Exchange Commission v. J.W. Korth & Co. and James Wilder Korth., Case No. 97-0280-Civ-Ungaro-Benages (USDC/SD FL) The Securities and Exchange Commission ("SEC") announced that on January 22, 1998, the Honorable Ursula Ungaro-Benages, United States District Judge for the Southern District of Florida, granted the SEC's motion and entered summary judgment against J.W. Korth & Co., a Miami, Florida broker-dealer, and its president James Wilder Korth. The judge ruled that Korth and his firm violated the securities laws by repeatedly refusing to give the SEC the serial numbers for defaulted pre-World War II German Bonds they were selling. The SEC had alleged that Korth was hiding the information from it and that, without the numbers, the SEC could not determine whether sales of the bonds violated the federal securities laws. Earlier in the case, the SEC had sought and obtained a temporary restraining order ("TRO") ordering Korth to give the SEC the numbers. Korth refused to do so, and was quoted in a Miami Herald article as saying that he "was going to stand firm and not produce any numbers." Korth finally turned over the numbers after a February 1997 hearing during which the judge granted the SEC's request for a preliminary injunction and ordered him to do so or face a contempt citation. In entering final judgment against Korth and his firm, the judge noted that they had "failed to comply with the TRO, openly and publicly defied it, and only turned over the numbers after the Court indicated its view that those actions were contumacious and that civil and criminal contempt citations were imminent." Based on their violation of the law and this conduct, the judge permanently enjoined Korth and the firm from future violations of the relevant provision, Section 17 of the Securities Exchange Act of 1934, and imposed first-tier penalties of $55,000 and $5,500 on the firm and Korth respectively. The case appears to be the first time a broker-dealer has been penalized for failing to comply with the SEC's statutory examination powers. In her opinion, the judge recognized the SEC's vital role in regulating the securities markets, and ruled that the SEC right to examine a registered broker-dealer is "central to the execution of [its] congress- ionally-mandated regulatory duties." As such, the judge ruled that the SEC's examination powers are subject only to reasonable time, place and manner restrictions.