SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15499 / September 17, 1997 SECURITIES AND EXCHANGE COMMISSION v. CHARLES ANTHONY FERRACONE, JAMES W. FARRELL, JAMES L. ERICKSTEEN, GARY L. MOORE, JILL HALL, and GUIDO BENSBERG, Civil Action No. 97cv1684H(POR) (S.D. Cal.) On September 17, 1997, the Commission filed a securities fraud action in the United States District Court for the Southern District of California seeking injunctions, monetary penalties, and other relief against Charles Anthony Ferracone, James W. Farrell, James L. Ericksteen, Gary L. Moore, Jill Hall and Guido Bensberg. The complaint alleges that for a period of at least two years beginning in 1992, defendants Ferracone, Farrell, Ericksteen, Moore and Hall, acting through various corporate and trust entities, engaged in a fraudulent stock leasing scheme. According to the complaint, these defendants acquired hundreds of millions of shares of restricted stock in at least 18 publicly-traded companies by falsely promising the issuing companies that they would pay the issuing companies large monthly rental fees for the stock, that they would not sell, pledge, or otherwise transfer the stock in any way, and that the companies could take the stock back after a year. The complaint alleges that after acquiring the stock certifiicates, the defendants repeatedly attempted to transfer the stock to third parties without disclosing the many restrictions that encumbered the shares, in order to fraudulently obtain property, money, or credit. According to the complaint, the defendants' fraudulent scheme resulted in losses to such third parties of at least $9.5 million. Specifically, the complaint alleges that the defendants subleased certain of the restricted stocks to defendant Bensberg, who fraudulently pledged the stock as collateral to obtain $3 million from Bank Leu pursuant to a line of credit. The complaint further alleges that in another instance, Bensberg directly acquired restricted stock from a public company and fraudulently pledged it to obtain $6.5 million from the London office of Lehman Brothers, also pursuant to a line of credit. The Commission's complaint charges the defendants with violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and seeks relief against all defendants in the form of permanent injunctions, disgorgement of illicit gains, and civil monetary penalties. The Commission's investigation is continuing. ======END OF PAGE 1======