==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. LITIGATION RELEASE NO. 14999 / August 5, 1996 SECURITIES AND EXCHANGE COMMISSION v. KENTON CAPITAL, LTD., et al., Civ. No. 95-0829 (GK) (D.D.C., filed May 3, 1995). The Securities and Exchange Commission announced that on July 18, 1996, Judge Gladys Kessler of the United States District Court for the District of Columbia entered a Final Judgment of Permanent Injunction against Joseph Silvestri and a Final Judgment of Disgorgement against Charles Smith and Atlantic Pacific Guarantee Corporation. The Commission's Complaint, filed May 3, 1995, and amended on July 17, 1996 (the "Complaint"), alleges that Silvestri, who claims to be an insurance underwriter, obtained purported guarantee bonds which were provided to investors in certain "bank instrument" trading programs offered by Kenton Capital, Ltd. The Complaint alleges that the promoters of such trading programs solicited investors beginning in the middle of March 1995 through early May 1995, and promised investors annual returns ranging from 34,200% to over 1,200,000%. The Complaint alleges that Kenton used investor funds to purchase the guarantee bonds, which purportedly guaranteed the repayment of the principal amount of each investment. The Complaint further alleges that Silvestri received fees of approximately $40,970.51 from investor funds. The Complaint alleges that Atlantic Pacific, a Nevada corporation with its princial office located in Santa Monica, California, and its president, Smith, provided the guarantee bonds and received approximately $126,584.00 in investor funds. Without admitting or denying the Commission's allegations, Silvestri consented to the entry of a final judgment permanently enjoining him from future violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, and ordering him to disgorge the sum of $40,970.51, plus prejudgment interest of $3,193.19, for a total sum of $44,163.70. Based upon Silvestri's demonstrated financial inability to pay, the Commission waived the payment of disgorgement and did not seek the imposition of a civil penalty. Similarly, without admitting or denying the Commission's allegations, relief defendants Atlantic Pacific Guarantee Corporation and its president, Charles Smith, consented to the entry of a final judgment ordering them to pay, jointly and severally, disgorgement of $126,584.00, plus prejudgment interest of $9,984.35, for a total sum of $136,568.35. On May 3, 1995, the Court issued a temporary restraining ==========================================START OF PAGE 2====== order and an asset freeze in this action. (See Lit. Rel. No. 14490, May 4, 1995). All of the other defendants consented to a preliminary injunction on June 23, 1995. (See Lit. Rel. No. 14544, June 26, - 2 - 1995). Silvestri was not named as a defendant in the case until the Complaint was amended on July 17, 1996.