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v Cheal
U.S. Securities & Exchange Commission
Litigation Release No. 18039 / March 18, 2003
Securities and Exchange Commission v. Nancy
J. Cheal, individually and d/b/a Relief Enterprise, et al. (United States District
Court for the District of Massachusetts, C.A. No. 00 CV 10182-EFH)
(January
31, 2000)
Nancy J. Cheal Sentenced to 87 Months in Prison
and Ordered to Pay Restitution
The Commission announced today that, in a prosecution by the United States
Attorney's Office in Boston, Nancy J. Cheal was sentenced on February 20, 2003
to 87 months in prison. On October 15, 2002, Cheal pleaded guilty to seven
criminal charges, including five counts of mail fraud and two counts of wire
fraud, in the United States District Court for the District of Massachusetts.
Cheal was also ordered to pay restitution to the victims of the scheme. The
indictment to which Cheal pleaded guilty charged that she represented that
she was the president of a business named "Relief Enterprise," which
was operated from two of Cheal's trailer homes in Florida, and that she executed
a scheme by which she defrauded thousands of people of more than $2.1 million
through her operation of a purported international bank debenture trading program.
On January 31, 2000, the Commission filed a Complaint against Cheal (d/b/a
Relief Enterprise) and against Richard L. Birmingham ("Birmingham"),
a relief defendant, alleging that Cheal violated the general antifraud and
securities registration provisions of the federal securities laws (Sections
5(a) and (c) and 17(a) of the Securities Act of 1933 and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 thereunder). The Commission's
allegations arose from the same underlying factual conduct to which Cheal pleaded
guilty. On February 1, 2000, the United States District Court for the District
of Massachusetts granted the Commission's motion for an ex parte order and,
among other things, temporarily restrained the fraudulent activities, froze
assets of Cheal and Birmingham and froze the proceeds of the offering. On February
15, 2000, the Court entered a Preliminary Injunction and Order for Other Equitable
Relief against Cheal (d/b/a Relief Enterprise) and against Birmingham. Among
other things, the Order continued the asset freeze.
For further information, please see Litigation
Releases No. 16942 (March 23,
2001), No. 16440 (February 17, 2000) and Litigation
Release No. 16424 (February
3, 2000).
http://www.sec.gov/litigation/litreleases/lr18039.htm