Defendant Name: W.P. Carey & Co. LLC

Defendant Type: Public Company
SIC Code: 6798
CUSIP: 92936U10

Initial Case Details

Legal Case Name SEC v. W.P. Carey & Co. LLC, Carey Financial LLC, John J. Park, and Claude Fernandez
First Document Date 18-Mar-2008
Initial Filing Format Civil Proceeding
Case Number 08-cv-02846
Allegation Type Broker Dealer
Federal District Court New York, Southern District of New York

Violations Alleged

Exchange Act
Sec 10(b) + Rule 10b-5
Rule 12b-20
Sec 13(a)
Rule 13a-1
Rule 13a-13
Sec 13(b)(2)(A)
Sec 14(a)
Rule 14a-9
Securities Act
Sec 5(a)
Sec 17(a)(1)
Sec 17(a)(2)
Sec 17(a)(3)
Sec 17(a) (Not specified)
Additionally, John J. Park is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Rule 12b-20 of the Exchange Act.
Claude Fernandez is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Rule 12b-20 of the Exchange Act.
John J. Park is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Sec 13(a) of the Exchange Act.
Claude Fernandez is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Sec 13(a) of the Exchange Act.
John J. Park is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Rule 13a-1 of the Exchange Act.
Claude Fernandez is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Rule 13a-1 of the Exchange Act.
John J. Park is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Rule 13a-13 of the Exchange Act.
Claude Fernandez is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Rule 13a-13 of the Exchange Act.
John J. Park is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Sec 13(b)(2)(A) of the Exchange Act.
Claude Fernandez is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Sec 13(b)(2)(A) of the Exchange Act.
Claude Fernandez is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Sec 13(b)(5) of the Exchange Act.
Claude Fernandez is alleged to have aided and abetted W.P. Carey & Co. LLC's violation of Rule 13b2-1 Exchange Act.

Resolutions

First Resolution Date 20-Mar-2008
Headline Total Penalty and Disgorgement $29,978,612

Related Documents:

2008_comp20501 18-Mar-2008 Complaint
Complaint
On March 18, 2008, the SEC filed a complaint against W.P. Carey & Co. LLC ("WPC"), Carey Financial LLC ("CF"), John J. Park ("Park"), and Claude Fernandez ("Fernandez") (collectively, "Defendants"). The SEC stated: "This case concerns a number of securities law violations by WPC and CF, including paying nearly $10 million in undisclosed compensation to a broker-dealer that sold the CPA REITs, paying undisclosed compensation to another broker-dealer for proxy solicitation services, conducting an unregistered offering of certain CPA REITs, and other disclosure failures."
LR-20501 18-Mar-2008 Litigation Release
SEC Charges W.P. Carey and Two Senior Executives in Fraudulent Payment Scheme
Commission stated that: "The Securities and Exchange Commission today filed settled securities fraud charges against W.P. Carey & Co., a manager of real estate investment trusts (REITs), and two of W.P. Carey's senior executives for paying undisclosed compensation to a brokerage firm that sold the REITs to investors. W.P. Carey did not disclose the payments to the broker-dealer, as it was required to do in the REITs offering documents, and misrepresented the payments in the REITs' periodic filings."
2008-45 18-Mar-2008 Press Release--Civil Action
SEC Charges W.P. Carey and Two Senior Executives in Fraudulent Payment Scheme
The Commission stated that: "The Securities and Exchange Commission today filed settled securities fraud charges against W.P. Carey & Co., a manager of real estate investment trusts (REITs), and two of W.P. Carey's senior executives for paying undisclosed compensation to a brokerage firm that sold the REITs to investors. W.P. Carey did not disclose the payments to the broker-dealer, as it was required to do in the REITs offering documents, and misrepresented the payments to the REITs periodic filings."
court_doc3_08-cv-02846 20-Mar-2008 Court Docket Document
Final Judgment as to Defendants W.P. Carey & Co. LLC and Carey Financial LLC
On March 3, 2008, the SEC and defendants W.P. Carey & Co. LLC and Carey Financial LLC "consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment"

Other Defendants in Action:

Related Actions:

In the Matter of Ameriprise Financial Services, Inc.
In the Matter of Claude Fernandez (CPA)