SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15926 / October 2, 1998 UNITED STATES OF AMERICA v. SANJAY SAXENA, Criminal Action No. 98cr10298-WGY (D. MA., filed September 29, 1998) BARRED INVESTMENT ADVISER INDICTED The Securities and Exchange Commission ("Commission") and the United States Attorney for the District of Massachusetts announced that, on September 29, 1998, Sanjay Saxena, of Cary, North Carolina, a former registered investment adviser and newsletter publisher, was indicted by a federal grand jury for securities fraud and mail fraud. The 52-count indictment charges Saxena with failing to register securities that he publicly offered in an investment pool, failing to invest a large portion of investor funds, delivering false monthly account statements to investors that stated that the invested funds were making profits when they were actually losing money, and using a portion of investor funds to purchase a home in North Carolina. The indictment also alleges that, while Saxena was being investigated by the Commission, he agreed to repay original investors, but concealed from the Commission the identity of 45 investors, who he transferred into a separate investment pool, using their funds to repay the original investors. In a complaint filed in the United States District Court for the District of Massachusetts on December 7, 1994 arising out of the same conduct, the Commission alleged that Saxena violated the antifraud and registration provisions of the federal securities laws. On February 25, 1995, Saxena consented to the entry of a final judgment of permanent injunction restraining him from further violations and an order to disgorge $703,000 (representing all monies owed to investors), and to pay prejudgment and postjudgment interest. On February 28, 1995, the Commission entered an order permanently barring Saxena from the securities industry. On September 18, 1998, the Commission filed a second civil injunctive action against Saxena, which also included his wife, Mumtaz Saxena, as a defendant. The complaint alleges that the Saxenas violated the antifraud and registration provisions of the federal securities laws, and that Saxena violated the Commission's February 28, 1995 order permanently barring him from the securities industry. The complaint alleges that Saxena's role in the formation and operation of an investment adviser and two investment companies violated the Commission's bar order, and that Saxena used his wife as a front to create the appearance that he had not violated the order. That action is pending. [See prior Litigation Release Nos. 14348, 14419, and 15889].