SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. LITIGATION RELEASE NO. 15945 / October 26, 1998 SECURITIES AND EXCHANGE COMMISSION v. KENTON CAPITAL, LTD., et al., Civ. Action No. 95-0829 (CKK) (D.D.C., filed May 3, 1995). COURT ENTERS FINAL JUDGMENT AGAINST KENTON CAPITAL, LTD. AND DONALD WALLACE IN PRIME BANK FRAUD AND ORDERS WALLACE TO PAY A $1.2 MILLION PENALTY The Securities and Exchange Commission announced that on September 30, 1998, Judge Colleen Kollar-Kotelly of the United States District Court for the District of Columbia granted the Commission's Motion for Summary Judgment and permanently enjoined Kenton Capital, Ltd. and Donald C. Wallace from further fraud and registration violations under the federal securities laws. The Court found that Wallace, in conjunction with other promoters, solicited investors to invest in certain "bank instrument" trading programs offered by Kenton Capital, Ltd., falsely projecting to investors annual returns on these trading programs ranging from 34,200% to over 1,200,000%. The Court's order requires Wallace to pay a civil monetary penalty of $1.2 million. The Court also requires Kenton and Wallace to disgorge, jointly and severally with all other defendants, $1,745,000, all but $264,245.10 of which previously has been paid. On October 13, 1998, the Court also ordered Kenton and Wallace to pay $86,665.83 in prejudgment interest. Pursuant to the Court's order, Kenton and Wallace are permanently enjoined from future violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Section 203(a) of the Investment Advisers Act of 1940. Earlier in the case, on May 3, 1995, the Court issued a temporary restraining order and an asset freeze in this action. (See Lit. Rel. No. 14490, May 4, 1995). The Court also issued a preliminary injunction on June 23, 1995. (See Lit. Rel. No. 14544, June 26, 1995). On July 18, 1996, the Court entered a Final Judgment of Permanent Injunction against Joseph Silvestri and a Final Judgment of Disgorgement against Charles Smith and Atlantic Pacific Guarantee Corporation. (See Lit. Rel. No. 14999, August 5, 1996). On October 17, 1996, the Court entered a Final Judgment of Permanent Injunction and Other Equitable Relief against Harry Watson, Tracy French and Deltaur Partners. (See Lit. Rel. No. 15135, October 24, 1996). On February 25, 1997, the Court entered a Final Judgment of Permanent Injunction and Other Equitable Relief against Terry Plack. (See Lit. Rel. No. 15299, March 18, 1997). On March 25, 1997, the Court granted the Commission's Motion for Summary Judgment of Permanent Injunction and Other Relief against Jeffrey E. Carter. (See Lit. Rel. No. 15340, April 18, 1997). On November 6, 1997, the Court entered an order holding Charles Smith in civil contempt. (See Lit. Rel. No. 15560, November 14, 1997).