==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15217 / January 16, 19965 SECURITIES AND EXCHANGE COMMISSION v. Mark G. Daly, et. al., Civil Action No. 95-K-1554, USDC/Colorado The Securities and Exchange Commission ("Commission"), today announced the entry of judgments of permanent injunction against all three defendants by the Honorable Judge John L. Kane, Jr. Defendant Mark G. Daly ("Daly"), a resident of the Denver Colorado area, was permanently enjoined from violations of the anti-fraud provisions of Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder; Section 17(a) of the Securities Act of 1933 ("Securities Act"); and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940 ("IA Act"). The court's order also ordered Daly to pay disgorgement of $40,600 plus prejudgment interest but waived payment based on Daly's demonstrated inability to pay. Daly consented to the entry of the order without admitting or denying the allegations in the Commission's complaint. The court also entered judgments against defendants Concept Capital Fund, Ltd., ("Concept Capital") and Multinational Fund Management, Ltd. ("Multinational") by default. Those orders enjoin the defendants from violations of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder and Section 17(a) of the Securities Act. The court also ordered that approximately $95,000 held in a Concept Capital account at a broker-dealer be deposited in the registry of the court and that the Commission propose a plan for distribution to investors or other disposition of those funds within sixty (60) days. The Commission brought this action in June 1995 and obtained a TRO freezing the above noted funds held in a Concept Capital account. The Commission's complaint charged that Daly had fraudulently raised approximately $924,873 from 15 investors for Concept Capital, purportedly a "mutual fund" based in the Bahamas that was managed by Multinational, also based in the Bahamas.