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re Edwards
U.S. Securities & Exchange Commission
SECURITIES EXCHANGE ACT OF 1934
Release No. 47777 / May 1, 2003
ADMINISTRATIVE PROCEEDING
FILE NO. 3-11002
In the Matter of David Edwards, James Edwards,
Kevin Lynds, and Gerald J. Stock
Order Making Findings and Imposing Remedial
Sanctions by Default
Against David Edwards and James Edwards
The Securities and Exchange Commission (Commission) initiated this proceeding
on January 3, 2003, with an Order Instituting Proceedings (OIP). Respondents
David Edwards and James Edwards filed answers to the OIP on January 30, 2003.
On April 10, 2003, the Division of Enforcement (Division) filed a motion for
default against all Respondents. I issued default orders as to Respondents
Gerald J. Stock and Kevin Lynds on April 15, 2003. On April 15, 2003, I ordered
David Edwards and James Edwards to show cause, on or by Friday, April 25, 2003,
why they should not be held in default and why they should not be barred from
association with any broker or dealer.
David Edwards and James Edwards have failed to show cause why they should
not be held in default. Pursuant to Rules 155(a) and 221(f) of the Commissions
Rules of Practice, 17 C.F.R. §§ 201.155(a), .221(f), I find the following
allegations in the OIP to be true only as to David Edwards and James Edwards:
From 1991 through 1998, David Edwards was licensed as a registered representative
with First Associated Securities Group, Inc. (FASG). From 1993 through 1998,
David Edwards was associated with FASG as a general principal. From at least
1999 through at least March 2002, David Edwards acted as an unregistered broker.
From 1984 through 1998, James Edwards was licensed, at various times, as a
registered representative with the following brokers-dealers: Monarch Securities,
Inc., Amev Investors, Inc., FASG, Intersecurities, Inc., and Russian River
Financial Services, Inc. From at least 1999 through at least March 2002, James
Edwards acted as an unregistered broker.
On May 7, 2002, David Edwards and James Edwards were permanently enjoined
from violating Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933
and Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule
10b-5 thereunder, by the United States District Court for the Northern District
of Texas (Dallas Division), SEC v. Res. Dev. Int'l, 3:02-CV-0605-R (SEC
v. RDI).
The Commission's complaint in SEC v. RDI, filed on March 25, 2002, alleged
that the defendants, from January 1999 through the initiation of the civil
action, executed a prime bank scheme, operated chiefly through Resource Development
International, Inc. (RDI), that raised over $98 million from over 1300 investors
nationwide. The complaint further alleged that the defendants made false claims
and material misrepresentations to investors concerning, among other things,
the use of their money in Europe to trade financial instruments with the "top
50 World banks" in a program monitored by the Federal Reserve. The complaint
further stated that the defendants falsely told investors that their monies
would generate annual returns of 48 to 120 percent and that their principal
was completely safe and could be retrieved at any time. The complaint alleged
the prime bank programs marketed to investors did not exist and RDI did not
send investor funds to Europe for use in a trading program. Rather, the defendants
misappropriated investment funds for personal and unauthorized uses, including
making Ponzi payments to existing investors with funds provided by new investors.
The complaint also alleged that David Edwards and James Edwards, in the course
of marketing the prime bank programs, acted as unregistered brokers.
On the basis of the foregoing, it is appropriate and in the public interest
to impose the sanctions against David Edwards and James Edwards as requested
by the Division.
IT IS ORDERED, pursuant to Section 15(b)(6) of the Securities Exchange Act
of 1934, that DAVID EDWARDS be, and he hereby is, BARRED from association with
any broker or dealer; and
IT IS FURTHER ORDERED, pursuant to Section 15(b)(6) of the Securities Exchange
Act of 1934, that JAMES EDWARDS be, and he hereby is, BARRED from association
with any broker or dealer.
_______________________________
Lillian A. McEwen
Administrative Law Judge
http://www.sec.gov/litigation/admin/34-47777.htm