2009-03-27 sec-litreleases litigation_release 64 KB 2,303 chars

SEC v. Andrew S. Mackey; and Inger L. Jensen, No. LR-20977, Northern District of Georgia (Mar. 27, 2009) — Press Release

raw: Andrew S. Mackey and Inger L. Jensen

Andrew S. Mackey and Inger L. Jensen, No. 1:08-CV-2068 (Mar. 27, 2009)

Caption: SEC v. Andrew S. Mackey, et al.

summary

Andrew S. Mackey and Inger L. Jensen were arrested and ordered incarcerated by a federal court for civil contempt after refusing to comply with SEC subpoenas demanding documents and testimony, with no fraud allegations or monetary penalties disclosed.

paragraph

The U.S. Securities and Exchange Commission (SEC) sought enforcement of administrative subpoenas against Andrew S. Mackey and Inger L. Jensen, who failed to produce documents or appear for testimony as required. After court orders on September 22 and 24, 2008, mandated compliance, both defendants ignored the directives and did not attend a March 5, 2009 show-cause hearing. On March 12, 2009, U.S. District Judge Orinda D. Evans found them in civil contempt and authorized the U.S. Marshals Service to arrest and incarcerate them until they complied, with no fraud or financial penalties alleged.

narrative

The U.S. Securities and Exchange Commission (SEC) filed a subpoena enforcement action against Andrew S. Mackey and Inger L. Jensen on June 20, 2008, demanding documents and testimony related to its investigation. Despite being ordered by the U.S. District Court for the Northern District of Georgia on September 22 and 24, 2008, to comply with the subpoenas, neither defendant produced any documents nor appeared for testimony. On February 6, 2009, the SEC applied for an order to show cause why Mackey and Jensen should not be held in civil contempt, leading to a hearing on March 5, 2009, which both defendants failed to attend. On March 12, 2009, Judge Orinda D. Evans issued an order finding them in civil contempt and authorizing the U.S. Marshals Service to arrest and incarcerate them coercively until they complied with the subpoenas. The Marshals executed arrest warrants following the court’s order, detaining both individuals pending compliance. The litigation release and all three summaries confirm that no underlying fraud, financial misconduct, or monetary penalties were alleged—this action was solely focused on obstruction of the SEC’s investigative authority. The case underscores the court’s power to enforce administrative subpoenas through coercive incarceration when parties willfully defy lawful discovery orders.

Enriched metadata

Scheme: obstruction (100%)
Court: Northern District of Georgia
Case No.: 1:08-CV-2068
Entity: Andrew S. Mackey and Inger L. Jensen

Classified obstruction(confidence 100%). No EDGAR filing fingerprint (criminal/DOJ-side scheme). detection rule →

Extracted insights

Entities 6

person andrew s. mackey
person Honorable Orinda D. Evans
person inger l. jensen
organization Securities and Exchange Commission
person subpoena enforcement action
organization United States Marshals Service

Triples 5

United States Marshals Service executed warrants for the arrest of Andrew S. Mackey and Inger L. Jensen
March 12, 2009 order found Mackey and Jensen in contempt
March 12, 2009 order directed Marshals Service to incarcerate Mackey and Jensen
Commission filed subpoena enforcement action
Court entered September September 22, 2008 and September 24, 2008 orders

View original SEC litigation releasesec.gov

Extracted body text (2,303c)

U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 20977 / March 27, 2009 Securities and Exchange Commission v. Andrew S. Mackey and Inger L. Jensen, Civil Action No. 1:08-CV-2068 (N.D. Ga.) COURT ENTERS CONTEMPT ORDER AFTER ANDREW S. MACKEY AND INGER L. JENSEN FAIL TO RESPOND TO SEC SUBPOENAS MARSHALS SERVICE ARRESTS MACKEY AND JENSEN The Securities and Exchange Commission ("Commission") today announced that, under the authority of an order entered by the Honorable Orinda D. Evans of the United States District Court for the Northern District of Georgia on March 12, 2009, the United States Marshals Service has executed warrants for the arrest of defendants Andrew S. Mackey ("Mackey") and Inger L. Jensen ("Jensen"). The March 12, 2009 order found Mackey and Jensen in contempt for failure to comply with Judge Evans' order of September 22, 2008 and amended order of September 24, 2008, both of which compelled Mackey and Jensen to comply with the Commission's staff's administrative subpoenas. The March 12, 2009 order further directed the Marshals Service to incarcerate Mackey and Jensen until the contempt is resolved. This action resulted from the Commission's February 6, 2009 application for an order to show cause why Mackey and Jensen should not be held in civil contempt for their failure to comply with the Court's prior orders. The Court held a show cause hearing on March 5, 2009. Neither defendant appeared for the hearing. The Court announced its preliminary findings at that time and issued an Order of Civil Contempt and Coercive Incarceration on March 12, 2009. The Commission had previously filed a subpoena enforcement action in the United States District Court for the Northern District of Georgia against Mackey and Jensen on June 20, 2008. Pursuant to subpoenas served on the defendants, Mackey and Jensen were obligated to produce documents to the staff and appear for testimony at the Atlanta Regional Office of the Commission. Neither Mackey nor Jensen produced any documents pursuant to the subpoenas, and neither appeared for testimony as required. The Court subsequently entered its September 22, 2008 and September 24, 2008 orders directing Mackey and Jensen to comply with the subpoenas. See also: LR 20887 (February 6, 2009); LR 20627 (June 23, 2008).

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