==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. SEC v. DAVID I. NAMER, NETWORK MORTGAGE SERVICES, INC., OFFSHORE INSURANCE SERVICES, INC., MEYERS POLLOCK ROBBINS, INC., MICHAEL PLOSHNICK, and SHELLI PLOSHNICK, 97 Civ. 2085 (MBM) (S.D.N.Y.) Litigation Release No. 15307 / March 26, 1997 The U.S. Securities and Exchange Commission announced that on March 25, 1997 it filed a lawsuit in federal district court in New York, New York, alleging violations of the antifraud and registration provisions of the federal securities laws by David I. Namer, two companies associated with Namer -- Network Mortgage Services, Inc. and Offshore Insurance Services, Inc. -- the brokerage firm of Meyers Pollock Robbins, Inc. ("Meyers Pollock"), and its president Michael Ploshnick. Named as a relief defendant in the Commission's suit is Shelli Ploshnick, an owner of Meyers Pollock. According to the Commission's complaint, in 1996 Namer and others conducted offerings of $13.9 million in the debt securities of three sepearte entities, some or all of which were controlled by Namer, by means of material misrepresentations and in violation of the registration provisions of the federal securities laws. The issuers subse- quently defaulted on their payment obligations under the debt instruments, causing investors to lose the full value of their investments. The Commission bases the present action on offerings of the corporate notes of Aircraft Leasing and Funding Co., LLC, Ray & Ross Transport, Inc., and Northstar Leasing Co., LLC, conducted in 1996 through Meyers Pollock. All three offerings were sold to the public on the basis of representations that the notes were fully insured and, hence, investors incurred no risk in purchasing them. According to the Commission's complaint, these representations were false; the purported agreements with various insurance companies, which Namer provided to individuals associated with the offerings, were either misrepresented or, in some cases, outright forgeries. Moreover, the complaint alleges, sale of the three issues to the public was facilitated by a determination by the Depository Trust Company ("DTC") that the issues were eligible for DTC clearing and settlement services. However, the documents provided by Namer to DTC to obtain this determination are alleged to be fraudulent. In addition to other funds obtained in connection with these offerings, the Commission's complaint alleges that Meyers Pollock and its prin- cipals, Michael and Shelli Ploshnick, received approximately $2 million from the proceeds of these offerings, purportedly representing a purchase by Namer of a 50% ownership interest in Meyers Pollock. The Commission's complaint alleges that defendants' fraudulent misrepresentations and omissions in connection with these three offerings violated Section 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, and that their failure to register these securities with the Commission, prior to their sale, constituted violations of Section 5 of the Securities Act. The Commission seeks perma- nent injunctions against future violations of the above provisions of the federal securities laws, disgorgement and civil penalties from all defendants except Shelli Ploshnick, from whom it seeks only disgorgement. On March 25, 1997, the Honorable Michael B. Mukasey, on ex parte application of the Commission, entered a temporary restraining order prohibiting violations of the anti-fraud and registration provisions of the federal securities laws by all defendants except relief defendant Shelli Ploshnick, and freezing the assets of defendants Namer, Network Mortgage and Offshore Insurance Services. The court's order also requires that defendants Michael and Shelli Ploshnick furnish security for payment by them of $1,975,000, representing funds they received directly or indirectly from Namer. The Commission acknowledges the assistance of the National Association of Securities Dealers in conducting its investigation.