UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15812 / July 16, 1998 SECURITIES AND EXCHANGE COMMISSION v. JOHN W. GILLETTE, JR., Civil Action No. 98- CV 1265S CGA (S.D. Cal.). The Securities and Exchange Commission (Commission) announced that on July 10, 1998, it filed and settled an action in United States District Court against John W. Gillette, Jr. (Gillette). The Commission's complaint alleged that, from June 1994 through July 1997, Gillette, a resident of San Diego, California, acted as an unregistered investment adviser to over 85 clients, most of whom were professional athletes. The Commission further alleged that Gillette made materially false and misleading statements when recommending investments to these clients, and misappropriated client monies, resulting in client losses of over $11 million. Among other things, the Commission alleged that Gillette misappropriated his client's investment profits, paid certain clients with other clients' monies, and represented he had invested client funds in partnerships and municipal bonds when in fact he had misappropriated those funds. In addition, the Commission alleges that from late 1993 through June 1994, Gillette, who was a registered representative at the time, liquidated the securities of a brokerage firm client without her knowledge, and misappropriated over $400,000 from her account for his personal benefit. The Commission alleged that Gillette spent the misappropriated funds on, among other things, his family's personal expenses, his company's overhead expenses, and to invest in undisclosed business ventures. Finally, the Commission alleged that, by giving investment advice to his clients in exchange for a fee, Gillette was acting as an unregistered investment adviser. Without admitting or denying the Commission's allegations, Gillette agreed to be permanently enjoined from future violations of 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 Sections 203(a), 206(1), and 206(2) of the Investment Advisers Act of 1940.