SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE No. 16093 / March 22, 1999 SECURITIES AND EXCHANGE COMMISSION v. DAVID COTTRILL (United States District Court for the District of Massachusetts, MBD No. 99-10096) The Securities and Exchange Commission ("Commission") announced that the U.S. District Court for the District of Massachusetts has granted the Commission's application for enforcement of an investigative subpoena and ordered a broker for a Massachusetts brokerage firm to answer questions about possible fraud and forgery in his dealings with an elderly investor. According to the Commission's court filing, broker David Cottrill had refused to answer questions about his dealings with the investor when subpoenaed to give testimony in a Commission investigation of mutual fund sales practices. According to the Commission's application for enforcement of its subpoena to Cottrill, Cottrill refused to answer certain questions because he claimed to be the subject of a criminal investigation arising from his dealings with the investor. He further claimed that he should not be required to assert his Fifth Amendment privilege against self-incrimination when questioned but instead be allowed to provide no response at all. The court granted the Commission's application to enforce its subpoena against Cottrill and ordered him to appear at the Commission's Boston office and respond to questions by the Commission staff.