==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15027 / August 29, 1996 United States Securities and Exchange Commission v. James Zimmerman and Old Naples Securities, Inc., Case No. 96-304-CIV- FTM-17D (M.D. Fla.) On August 28, 1996, the United States Securities and Exchange Commission ("Commission") filed a complaint against James Zimmerman ("Zimmerman") of Naples, Florida, and Old Naples Securities, Inc. ("Old Naples"), a Florida corporation located in Naples, Florida, seeking injunctive relief, disgorgement and civil penalties based on: (a) Old Naples' and Zimmerman's violations of Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder; and (b) Old Naples' violations of Sections 17(a) and 15(c) of the Exchange Act and Rules 17a-3, 17a-5 and 15c3-1 thereunder. Old Naples is registered with the Commission as both a broker-dealer and an investment adviser. The complaint alleged that Zimmerman and Old Naples, during the period from in or about July 1992 to in or about August 5, 1996: (a) received in excess of $3.5 million dollars from investors by misrepresenting to prospective investors and investors that the funds received for investments had been or were to be used to purchase securities, when, in fact, no securities were purchased and the funds had been misappropriated and/or used to pay previous investors and personal expenses; and (b) created and distributed to investors fictitious periodic account statements misrepresenting the financial condition of the customers' accounts in order to create the appearance that the purported investments were increasing in value. The complaint also alleged that Old Naples, during the period from in or about July 1992 to in or about August 5, 1996: (a) failed to create accurate books and records with respect to (i) its net capital computation, and (ii) its blotters or other records of original entry; (b) filed Part IIA of Form X-17A-5, with the National Association of Securities Dealers, Inc., which contained inaccurate net capital computations; and (c) effected transactions in, or induced or attempted to induce the purchase and sale of securities at a time when Old Naples did not have and did not maintain the required minimum net capital to legally transact a securities business. The Commission's action was combined with an application for a protective decree by the Securities Investor Protection Corporation ("SIPC") and the appointment of a SIPC Trustee for Old Naples pursuant to Sections 5(b)(1) and 5(b)(3) of the Securities Investor Protection Act of 1970.