Litigation Release No. 25090 / May 17, 2021
Securities and Exchange Commission v. Kirk Sperry and Sperry and Sons Capital Investments, LLC, No. 2:20-cv-01337 (W.D. Wash. filed September 9, 2020)
On May 5, 2021, the U.S. District Court for the Western District of Washington entered a partial settled judgment in a previously filed SEC case charging Washington resident Kirk Sperry and his company, Sperry and Sons Capital Investments, LLC, with defrauding investors by making false and misleading statements about a failing real estate investment project.
The SEC’s complaint, filed on September 9, 2020, alleged that Kirk Sperry and Sperry and Sons provided two investors with misleading statements regarding their investments, and that Sperry and Sons used part of the money received from the investors to pay back investors in unrelated Sperry and Sons projects. The complaint charged Sperry and Sons with violations of the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Kirk Sperry with violations of Sections 17(a)(1) and 17(a)(3) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and for aiding and abetting Sperry and Sons’ violations of Section 17(a)(2) of the Securities Act.
Without admitting or denying the SEC’s allegations, the defendants consented to the entry of judgments that permanently enjoin them from violating the charged provisions. Pursuant to the judgments, the court will determine at a later date the monetary relief to be paid by the defendants.