UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15511 / September 26, 1997 SECURITIES & EXCHANGE COMMISSION v. JOHN GARDNER BLACK, DEVON CAPITAL MANAGEMENT, INC., AND FINANCIAL MANAGEMENT SCIENCES, INC. (United States District Court for the Western District of Pennsylvania, Civil Action No. 97-CV-265J) The Securities and Exchange Commission ("Commission") announced that, on September 26, 1997, the Honorable William L. Standish of the U.S. District Court for the Western District of Pennsylvania issued a temporary restraining order against John Gardner Black ("Black"), Devon Capital Management, Inc. ("Devon"), and Financial Management Sciences, Inc. ("FMS"). Among other things, the Order freezes the defendants' assets and appoints as Trustee over those assets Dick Thornburgh, formerly Attorney General of the United States, United States Attorney for the Western District of Pennsylvania and Governor of Pennsylvania. The complaint alleges an on-going fraudulent scheme perpetrated by Black through Devon, a Pennsylvania-based registered investment adviser, and FMS, an affiliate of Devon's. Both Devon and FMS are wholly owned and controlled by Black. The complaint alleges that the scheme has resulted in the loss of millions of dollars of municipal bond proceeds invested by school districts throughout western and central Pennsylvania. Devon manages approximately $345 million in assets for approximately 100 investment advisory clients, the vast majority of which are local school districts seeking to invest the proceeds of municipal bond offerings. Devon has invested approximately $233 million of these funds, on behalf of 75 local school districts, in a form of investment called a Collateralized Investment Agreement ("CIA"). In promotional materials, Devon represented to these school districts that the CIA is an investment which pays a specified rate of return over a fixed period and which is fully protected by a pool of securities equalling the amount of the school districts' total principal investment. The complaint alleges that, in fact, the school districts that have invested in the CIA program have suffered a combined loss of their principal investment of approximately $71 million. The complaint alleges that, in an effort to conceal this loss of principal from the school districts that have invested in the CIA program, Devon and Black have misrepresented to them the value of the assets held as collateral, overstating the actual value of those assets by approximately $71 million. The complaint further alleges that Black has continued to accept new clients for investment into the CIA program without disclosing to these new clients that, as a result of the shortfall in the funds already under management, any funds that new clients invest into the CIA program are immediately diluted. The complaint alleges that Devon must continue to attract new funds for investment in the program in order to fulfill its entire obligations to current advisory clients in the CIA program. ======END OF PAGE 1====== Finally, the complaint alleges that Black, Devon and FMS have benefitted financially from this fraudulent scheme. Specifically, from January 1996 through August 1997, at least $2 million of school district funds were used to pay for the defendants' personal and business expenses. The complaint alleges that Devon, FMS and Black violated the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint further alleges that Devon, aided and abetted by Black, violated the antifraud and custody provisions in Sections 206(1), (2) and (4) of the Investment Advisers Act of 1940 and Rule 206(4)-2(a) thereunder. Any concerned investors, including superintendents or financial managers of school districts and representatives of school district authorities who issued bonds may contact the Trustee at 1-888-251-7715. ======END OF PAGE 2======