UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 14977 / July 10, 1996 SECURITIES AND EXCHANGE COMMISSION v. FENCHURCH CAPITAL MANAGEMENT, LTD., (N.D. Ill., Civil Action No. 96C 4162) The Securities and Exchange Commission ("Commission") today announced the filing of a Complaint in the United States District Court for the Northern District of Illinois against Fenchurch Capital Management, Ltd. ("Fenchurch"), a commodity trading advisor and commodity pool operator. The Commission's Complaint alleges that Fenchurch engaged in a scheme, accomplished through materially false and misleading statements and other activities, to reduce the available supply in the repurchase ("repo") market of the cheapest-to-deliver U.S. Treasury security for the June 1993 10-year U.S. Treasury note futures contract ("June contract"). According to the Complaint, Fenchurch thereby received from parties who were short the June contract the next cheapest-to-deliver, or more valuable, security in satisfaction of their delivery obligations under the June contract. More specifically, the Commission's Complaint alleges that in June 1993, Fenchurch held a substantial long position in the June contract and thus would profit from delivery of the more valuable security. By deliberately misleading counterparties in repo transactions to believe that it was short the June contract and needed the cheapest-to-deliver security used as collateral in those transactions returned to it to meet its own delivery obligations under that contract, Fenchurch secured agreements from the counterparties not to relend the security to the repo market. Through these material misrepresentations and other activities, Fenchurch removed from the market a significant quantity of the cheapest-to-deliver security. As a result, Fenchurch received approximately $480 million of the more valuable security, in satisfaction of delivery obligations under approximately one-third of Fenchurch's position in the June contract, and profited by the receipt of the more valuable security. Simultaneously with the filing of the action, Fenchurch consented, without admitting or denying the allegations of the Complaint, to the entry of a final judgment of permanent injunction enjoining it from violating the antifraud provisions of the Securities and Exchange Act of 1934, and requiring it to pay to the U.S. Treasury $600,000, representing disgorgement, prejudgment interest thereon and a civil penalty. The same $600,000 will also satisfy Fenchurch's payment obligation under an order issued today by the Commodity Futures Trading Commission concerning related conduct, to which Fenchurch has consented.