SEC Settles With ICP Asset Management and Others on Charges They Defrauded Collateralized Debt Obligations They Managed

Securities and Exchange Commission v. ICP Asset Management, LLC, ICP Securities, LLC, Institutional Credit Partners, LLC, Thomas C. Priore, Lori A. Priore, and Bertrand H. Smyers, Case No. 10-CV-4791 (S.D.N.Y.).  On September 10, 2012, the SEC announced advisory firm ICP Asset Management and president Thomas C. Priore have agreed to settle charges that they defrauded several collateralized debt obligations (“CDOs”) they managed.  They caused the CDOs to overpay for securities and lose millions of dollars.  Priore and the ICP companies also improperly obtained fees and undisclosed profits at the expense of the CDOs and their investors.

The court-approved final judgment orders Priore to pay disgorgement of $797,337, prejudgment interest of $215,045, and a penalty of $487,618.  ICP and its holding company Institutional Credit Partners LLC are ordered, on a joint and several basis, to pay disgorgement of $13,916,005 and prejudgment interest of $3,709,028.  ICP also is ordered to pay a penalty of $650,000.  An affiliated broker-dealer ICP Securities LLC is ordered to pay disgorgement of $1,637,581, prejudgment interest of $301,893, and a penalty of $1,939,474.  Priore also agreed to settle an administrative proceeding against him and be barred from association with any broker, dealer, investment adviser, municipal securities dealer, or transfer agent, and from participating in any offering of a penny stock.  He has a right to reapply for association or participation after a period of five years.

Priore and the ICP companies consented, without admitting or denying the allegations, to permanent injunctions against future violations of the securities laws that they were alleged to have violated, which include Section 17(a) of the Securities Act, Sections 10(b) and 15(c)(1)(A) of the Securities Exchange Act and Rules 10b-3 and 10b-5, and Sections 206(1), (2), (3), and (4) of the Investment Advisers Act of 1940 and Rules 204-2, 206(4)-7 and 206(4)-8.

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