SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15597 / December 19, 1997 SECURITIES AND EXCHANGE COMMISSION v. STEPHEN DESIMONE, FRANCIS DECABIA AND GARY MOODY, Civil Action No. 97-CIV-9359 (S.D.N.Y.) The Securities and Exchange Commission today filed a complaint in the United States District Court for the Southern District of New York against Stephen DeSimone, Francis DeCabia and Gary Moody. The complaint alleges that from August through November 1992, DeSimone, a former registered representative at PaineWebber Inc. ( PaineWebber ), DeCabia, a former registered representative at Josephthal Lyon & Ross, Inc., now Josephthal & Co. ( Josephthal ), and Gary Moody, a self-described dealer in prime bank securities, engaged in a scheme to defraud the Nauru Phosphate Royalties Trust ( the Trust ) out of approximately $20 million for the purchase of prime bank securities. The defendants never purchased any prime bank securities for the Trust because such securities do not exist. DeSimone, DeCabia and Moody were each convicted of a felony in the state of New York as a result of their involvement in the scheme. The Commission s complaint alleges that the Trust exists for the benefit of the residents of the Republic of Nauru, a small island nation off the coast of Australia. The complaint alleges that by mining and selling phosphate deposits, a chemical constituent of bird guano, the Trust amassed considerable funds, some of which the Trust invested with the defendants. The complaint also alleges that through a series of fraudulent misrepresentations, DeCabia persuaded an agent of the Trust to deposit $20.75 million of the Trust s funds into an account at Josephthal for the purchase of prime bank securities. DeCabia was the registered representative on that account. According to the complaint, through a series of further misrepresentations, the defendants persuaded an agent of the Trust to transfer a total of $20.55 million from the Josephthal account to an account at PaineWebber in the name of Moody s alter-ego corporation. DeSimone was the registered representative on that account. The complaint alleges that without the knowledge or consent of the Trust, the defendants caused $19.75 million of the Trust s funds to be transferred from the account at PaineWebber to an account in Singapore. The complaint also alleges that the defendants never purchased any securities on behalf of the Trust. According to the complaint, with the assistance of various law enforcement and regulatory authorities, the Trust has recovered most of the money it invested with the defendants. The Commission's complaint alleges that, based on the foregoing misconduct, DeSimone, DeCabia and Moody violated 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 seeks a permanent injunction restraining the defendants from committing further violations of these provisions of the federal securities laws. The Commission would like to acknowledge the assistance of the Australian Securities Commission.