SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 16019 / January 11, 1999 SECURITIES AND EXCHANGE COMMISSION V. TODD J. LASCOLA, CPI INVESTMENT MANAGEMENT, INC., AND CPA ADVISORS NETWORK, INC., Civil Action No. 98-610L (D.R.I. December 29, 1998) The Securities and Exchange Commission announced that, on January 8, 1999, preliminary injunctions were entered by consent against Todd J. LaScola ("LaScola"), a resident of Warwick, Rhode Island, CPI Investment Management, Inc. ("CPI"), a registered investment adviser, and CPA Network Advisors, Inc. ("CPA"), a registered brokerage firm, for unauthorized transactions in, and misappropriated of funds from, investment advisory clients and brokerage customer accounts. In the complaint that it filed on December 29, 1998, the Commission alleged that in November 1998 LaScola, the sole owner of CPI and a principal and co-owner of CPA, diverted approximately $6.4 million from clients and customer accounts to repay another client, the International Brotherhood of Electrical Workers ("IBEW"), for improper transactions in the IBEW's pension fund account. The IBEW allegedly had threatened action against LaScola after discovering that LaScola had purchased risky and illiquid promissory notes for the pension fund account. The Commission further alleged that LaScola caused approximately eighteen customers and clients to purchase from the IBEW approximately $2 million of the promissory notes without their consent or knowledge. The Commission further alleged that LaScola repaid the other approximately $4 million to the IBEW by making unauthorized transfers of funds to the IBEW from approximately two dozen other CPA customer accounts and CPI clients. In addition to the unauthorized transactions, the Commission alleged in its complaint that, in January 1998, LaScola had misappropriated for his own benefit $200,000 from the account of one of his advisory clients. The Commission charged all three defendants with violations of general antifraud provisions of the federal securities laws -- i.e., 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 -- and LaScola and CPI also with violations of the general investment adviser antifraud provisions -- i.e., Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. The preliminary injunctions, which were entered by the Honorable Ernest Torres of the federal district court in Rhode Island, are essentially continuations of the emergency relief imposed in the temporary restraining order obtained by the Commission upon the filing of its complaint. Specifically, the court enjoined LaScola, CPI and CPA from violating the antifraud provisions of the federal securities laws and extended a freeze of the assets of LaScola and CPI. In addition, the court entered an order of receivership for CPI and CPA. In consenting to the preliminary injunctions and receivership orders, the defendants neither admitted nor denied the allegations in the Commission's complaint. In addition to the relief already obtained, the Commission is seeking as to LaScola, CPI and CPA permanent injunctions and orders requiring disgorgement of ill-gotten gains and imposing civil monetary penalties. Moreover, the Commission's investigation of this matter is continuing. For further information, please see prior Litigation Release No. 16012 (December 30, 1998).