Case Detail

SEC v. Tomas Alberto Clarke Bethancourt, Jose Alejandro Hurtado, Haydee Leticia Pabon, Iuri Rodolfo Bethancourt, Ernesto Lujan, Benito Chinea, and Joseph Flores DeMeneses (S.D.N.Y. 2016)


Case Details

  • Case Name
  • SEC v. Tomas Alberto Clarke Bethancourt, Jose Alejandro Hurtado, Haydee Leticia Pabon, Iuri Rodolfo Bethancourt, Ernesto Lujan, Benito Chinea, and Joseph Flores DeMeneses (S.D.N.Y. 2016)
  • Date Filed
  • 05/27/2008
  • Enforcement Agency
  • SEC
  • Countries
  • Venezuela
  • Foreign Official
  • Maria de los Angeles Gonzalez de Hernandez, a senior official at BANDES
  • Date of Conduct
  • 2008 to 2010
  • Nature of Business
  • U.S. employees of Direct Access Partners LLC (“DAP”), a New York broker-dealer, were charged with paying bribes to a senior government official in Venezuela’s state-owned economic development bank, Banco de Desarrollo Económico y Social de Venezuela (“BANDES”), to obtain business for DAP.  The SEC, however, did not bring FCPA charges in its civil action, most likely because the alleged scheme involved broker-dealers rather than issuers.
     
    Tomas Alberto Clarke Bethancourt (“Clarke”) is a U.S. citizen and, beginning in or around 2008, was the Senior Vice President in the Global Markets Group of DAP.  Clarke was listed as the account opening salesman for the BANDES account.  Jose Alejandro Hurtado, a U.S. citizen, was an employee of DAP.  Haydee Leticia Pabon, a resident of Miami, Florida, was the Director for International Sales in Eastern Europe, the Middle East and Russia for a Miami based distributor of Venezuelan cable television network programs.  Iuri Rodolfo Bethancourt, a resident of Panama, is apparently related to co-defendant Clarke.  Ernesto Lujan, a U.S. citizen, was the Managing Partner of the Global Markets Group of DAP and ran its Miami office beginning in approximately 2008.  Benito Chinea and Joseph Demeneses are both senior executives at DAP’s New York headquarters.
     
  • Influence to be Obtained
  • According to the SEC’s complaint, DAP’s Global Markets Group generated more than $66 million in revenue for DAP from October 2008 to June 2010 from transaction fees on riskless principal trade executions in Venezuelan sovereign or state sponsored bonds for BANDES.  The SEC alleges that the revenue was the result of a multi faceted kickback scheme orchestrated by the defendants, in which a portion of the revenue was illicitly paid to BANDES official Gonzalez, who authorized the fraudulent trades, and to Bethancourt, Hurtado, and Pabon.  Chinea is accused of facilitating the scheme by authorizing DAP to reimburse DeMeneses and Clarke for kickback payments made from their personal funds to Gonzalez.  The Complaint also stated that after payments were made to those individuals and other expenses covered, 60 percent of DAP Global’s net profits were shared by Lujan, Clarke, Chinea, and DeMeneses.  The SEC also alleges that Lujan, Clarke, and Hurtado falsified the size of DAP’s markups to BANDES and Gonzalez, which enabled them to retain a greater share of the fraudulent profits. 
  • Enforcement
  • On May 7, 2013, the SEC filed a complaint against Clark, Hurtado, Pabon, and Bethancourt, which was subsequently amended on June 12, 2013 to add Lujan as a defendant and again on April 14, 2014 to include Chinea and DeMeneses.  On August 1, 2013, the DOJ moved to stay the civil proceedings in the SEC case until the parallel criminal cases were resolved.  The stay was lifted on December 22, 2015 and, in April 2016, the court issued final judgments as to each of the defendants. Clarke, Hurtado, Pabon, Bethancourt, Lujan, Chinea, and DeMeneses, were each permanently enjoined from from violating Section 10(b) of the Exchnage Act.  Furthermore, Clarke, Hurtado, Lujan, Chinea, and DeMeneses were each ordered to disgorge $5,787,824, $11,896,743, $18,514,560, $3,636,432 and, $2,670,612, respectively—amounts that were deemed satisfied by the amounts forfeited in the parallel criminal cases against the defendants.
  • Amount of the Value
  • $9 million.
  • Amount of Business Related to Payment
  • $466 million.
  • Intermediary
  • Shell entity.
  • Total Sanction
  • $ 42,506,171
  • Compliance Monitor
  • No
  • Reporting Requirements
  • No
  • Case is Pending?
  • No
  • Total Combined Monetary Sanction
  • $ 42,506,171

Defendants

Tomas Alberto Clarke Bethancourt

  • Citation
  • United States v. Clarke, No. 1:13-cr-00670 (S.D.N.Y. 2013);
  • Date Filed
  • 04/06/2016
  • Filed Under Seal
  • No
  • FCPA Statutory Provision
  • Other Statutory Provision
  • Securities Fraud (Securities Act Section 17(a); Exchange Act Section 10(b)); Aiding and Abetting (Securities Fraud); Aiding and Abetting (Broker/Dealer Registration Rule).
  • Disposition
  • Complaint and Consent Order
  • Defendant Jurisdictional Basis
  • Agent of Issuer
  • Defendant's Citizenship
  • United States
  • Individual Sanction
  • $5,787,824.

Jose Alejandro Hurtado

  • Date Filed
  • 04/06/2016
  • Filed Under Seal
  • No
  • FCPA Statutory Provision
  • Other Statutory Provision
  • Securities Fraud (Securities Act Section 17(a); Exchange Act Section 10(b)); Aiding and Abetting (Securities Fraud); Aiding and Abetting (Broker/Dealer Registration Rule).
  • Disposition
  • Complaint and Consent Order
  • Defendant Jurisdictional Basis
  • Agent of Issuer
  • Defendant's Citizenship
  • United States
  • Individual Sanction
  • $11,896,743.

Haydee Leticia Pabon

  • Date Filed
  • 04/06/2016
  • Filed Under Seal
  • No
  • FCPA Statutory Provision
  • Other Statutory Provision
  • Securities Fraud (Securities Act Section 17(a); Exchange Act Section 10(b)); Aiding and Abetting (Securities Fraud).
  • Disposition
  • Complaint and Consent Order
  • Defendant Jurisdictional Basis
  • Agent of Issuer
  • Defendant's Citizenship
  • United States

Iuri Rodolfo Bethancourt

  • Citation
  • SEC v. Clarke, et al., No. 13-cv-3074 (S.D.N.Y. 2016).
  • Date Filed
  • 04/07/2016
  • Filed Under Seal
  • No
  • FCPA Statutory Provision
  • Other Statutory Provision
  • Securities Fraud (Securities Act Section 17(a); Exchange Act Section 10(b)); Aiding and Abetting (Securities Fraud).
  • Disposition
  • Complaint and Consent Order, Complaint and Consent Order
  • Defendant Jurisdictional Basis
  • Agent of Issuer
  • Defendant's Citizenship
  • United States

Ernesto Lujan

  • Date Filed
  • 04/06/2016
  • Filed Under Seal
  • No
  • FCPA Statutory Provision
  • Other Statutory Provision
  • Securities Fraud (Securities Act Section 17(a); Exchange Act Section 10(b)); Aiding and Abetting (Securities Fraud)
  • Disposition
  • Complaint and Consent Order
  • Defendant Jurisdictional Basis
  • Agent of Issuer
  • Defendant's Citizenship
  • United States
  • Individual Sanction
  • $18,514,560

Benito Chinea

  • Date Filed
  • 04/06/2016
  • Filed Under Seal
  • No
  • FCPA Statutory Provision
  • Other Statutory Provision
  • Securities Fraud (Securities Act Section 17(a); Exchange Act Section 10(b)); Aiding and Abetting (Securities Fraud).
  • Disposition
  • Complaint and Consent Order
  • Defendant Jurisdictional Basis
  • Agent of Issuer
  • Defendant's Citizenship
  • United States
  • Individual Sanction
  • $3,636,432.

Joseph Flores DeMeneses

  • Date Filed
  • 04/06/2016
  • Filed Under Seal
  • No
  • FCPA Statutory Provision
  • Other Statutory Provision
  • Securities Fraud (Securities Act Section 17(a); Exchange Act Section 10(b)); Aiding and Abetting (Securities Fraud).
  • Disposition
  • Complaint and Consent Order
  • Defendant Jurisdictional Basis
  • Issuer
  • Defendant's Citizenship
  • United States
  • Individual Sanction
  • $2,670,612.
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