-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14701 / October 26, 1995 U.S.A. v. John Lauer, N.D. Ill., No. 94 CR 614, filed October 17, 1995) The Commission and the U.S. Attorney's Office for the Northern District of Illinois announced that on October 17, 1995, a criminal Information was filed in the United States District Court for the Northern District of Illinois charging John Lauer (Lauer) with obstructing a Commission investigation regarding the purported trading of "Prime Bank Instruments" by Konex Holding Corp. In addition, the Information charges Lauer with mail and wire fraud for his participation in multiple frauds against the Chicago Housing Authority (CHA), including his investment of $12.5 million of CHA funds in a purported "Prime Bank Instrument" trading program called the Konex Roll Program (Roll Program). The charges relating to the Roll Program arise from the same facts alleged in a Commission action against Lauer and others in June 1994 for violations 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. The Commission filed its Complaint against Lauer, Joseph Polichemi (Polichemi), Lyle Neal (Neal), and their respective companies, Clifton Capital Investors L.P. (CCI), Copol Investments Limited (Copol) and Konex Holding Corp. (Konex) on June 21, 1995 in the United States District Court for the Northern District of Illinois. The Commission's Complaint alleged that from January 1993 to the present, Konex, Neal's company, raised at least $12.5 million from the CHA through the offer and sale of investments in the Roll Program. In fact, the purported Roll Program, which was designed to pool investor funds to purchase and trade in "Prime Bank Instruments," was nothing more than a scam to defraud investors. Thus, the Complaint alleged that Polichemi and Neal, through their respective companies, Copol and Konex, made false and misleading statements regarding the use of CHA proceeds and the risks and returns associated with the investment. The Complaint further alleged that Lauer, CHA's Director of Risk Management and Benefits, among other things, failed to disclose to the CHA the role of his private company, CCI, in the administration of CHA's investment, his receipt of "compensation" in an amount exceeding $4 million and his resulting conflict of interest. Moreover, the Complaint alleged that Lauer made false and misleading statements to prospective investors concerning the rate of return CHA earned and the circumstances under which the CHA invested in the Roll Program. -------------------- BEGINNING OF PAGE #2 ------------------- -2- On June 21, 1994, the Honorable Wayne Andersen entered an order temporarily restraining and enjoining the defendants from future violations of the antifraud provisions of the federal securities laws and, among other things, froze their assets. On July 29, 1994, the Court entered an Order of Permanent Injunction and Other Equitable Relief by Default against Polichemi, Neal, Copol and Konex. On August 25, 1994, the Court entered an Order of Preliminary Injunction and Other Relief against Lauer and CCI. The action remains pending as to Lauer and CCI.