U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 20887 / February 6, 2009

Securities and Exchange Commission v. Andrew S. Mackey and Inger L. Jensen, Civil Action No. 1:08-CV-2068 (N.D. Ga.)

SEC FILES APPLICATION FOR ORDER TO SHOW CAUSE AGAINST ANDREW S. MACKEY AND INGER L. JENSEN

On February 6, 2009, the Securities and Exchange Commission ("Commission") filed an Application for Order to Show Cause why defendants Andrew S. Mackey ("Mackey") and Inger L. Jensen ("Jensen") should not be held in civil contempt for their failure to comply with the Court's order of September 22, 2008 and its amended order of September 24, 2008. The orders required Mackey and Jensen to comply with the Commission's subpoenas for documents and appear for testimony before Commission staff.

On February 21, 2008, the Commission issued an Order Directing Private Investigation and Designating Officers to Take Testimony ("Formal Order") in the ASM Financial Funding Corporation investigation ("ASM"). The Formal Order authorizes the staff to conduct an investigation into whether, among other things, Mackey and Jensen, or certain other persons and entities associated with ASM, violated the anti-fraud and securities registration provisions of the federal securities laws.

On June 20, 2008, the Commission filed a subpoena enforcement action in the U. S. District Court for the Northern District of Georgia against Mackey and Jensen. Pursuant to subpoenas issued on March 6, 2008, Mackey and Jensen were obligated to produce documents to the staff by March 14, 2008, and appear for testimony at the Atlanta Regional Office of the Commission on April 1, 2008. Neither Mackey nor Jensen produced any documents pursuant to the subpoenas, and neither appeared for testimony as required, despite being ordered to comply by the Court.

See also: LR 20627 (June 23, 2008).

http://www.sec.gov/litigation/litreleases/2009/lr20887.htm