==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION BOSTON, MASSACHUSETTS LITIGATION RELEASE NO. 14855 / March 25, 1996 SECURITIES AND EXCHANGE COMMISSION v. MICHAEL ANTHONY PIERCE AND JOCELYN JANE O'ROURKE (United States District Court for the District of Massachusetts, C.A. No. 96-10600-RCL) The Securities and Exchange Commission announced today that the United States District Court for the District of Massachusetts unsealed an emergency action for an asset freeze and a temporary restraining order that the Commission filed against Michael Anthony Pierce ("Pierce") and Jocelyn Jane O'Rourke ("O'Rourke"), both residents of Worcester, Massachusetts. The Commission's complaint alleges that, in violation of the federal securities laws, Pierce and O'Rourke repeatedly took assets that investment advisory and securities brokerage clients had entrusted to them and, instead of investing the assets as directed, converted the funds to the Defendants' own personal use. At least $1.7 million was thus misappropriated from at least 23 clients over a five year period. Since both Defendants failed and refused to provide information during the Commission's investigation, the amount of losses and the number of victims may be substantially higher. In an attempt to conceal the fraud, Defendant Pierce created and sent to the clients false account statements, fictitious contracts and other misleading documents. Both Defendants caused periodic payments to be made to certain clients to make it falsely appear that their funds had been invested as directed. Both Defendants Pierce and O'Rourke are charged with violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and Defendant Pierce is charged with violating Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. On March 22, 1996, the Court issued, ex parte and under seal, an order freezing all assets of the Defendants. In its complaint, the Commission also seeks a temporary restraining order, a preliminary injunction, a permanent injunction, disgorgement of ill-gotten gains, civil monetary penalties, repatriation of assets, accountings and other equitable relief.