UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 16119 / April 22, 1999 SECURITIES AND EXCHANGE COMMISSION v. EDWARD ARNOLD PATTERSON Civil Action No. 4:99CV0325-P , USDC, ND/TX, (Ft. Worth Division) On April 22, 1999, the Commission filed a civil injunctive action against Edward Arnold Patterson ("Patterson"), an associated person of Financial Management Services ("FMS"), the business name of an investment adviser formerly registered with the Commission. The complaint alleges that between 1993 and 1996, Patterson, a resident of Fort Worth, Texas, misappropriated a total of $155,000 from two FMS clients. In addition, from 1994 through 1997, the complaint alleges that Patterson provided approximately 33 FMS clients with account statements that materially overstated the collective value of their accounts by approximately $807,000. With respect to at least five of these accounts, it is alleged that Patterson provided clients with altered or fictitious mutual fund statements that purportedly confirmed the figures contained in the inflated FMS account statements. As a result of Patterson’s conduct, the Commission alleges that Patterson violated the antifraud provisions contained in 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. Further, the complaint charges Patterson with aiding and abetting violations of the antifraud and books and records provisions contained in Sections 206(l), 206(2) and 204 of the Investment Advisers Act of 1940 and Rules 204-2(a) (3), (7) and (9), thereunder. The Commission seeks an order permanently enjoining Patterson from further violations of these provisions, an order requiring disgorgement of all wrongfully obtained profits, with prejudgment interest, and a civil penalty. Also on April 22, Wren Harold Hart ("Hart"), the founder and principal of FMS, consented to the entry of an administrative proceeding order finding that he failed reasonably to supervise Patterson, with a view toward preventing Patterson’s violations of the above provisions of the federal securities laws. The order suspends Hart from association with any investment adviser, in any capacity for a period of 3 months, and thereafter, in any supervisory or proprietary capacity for a period of 9 months. The order further orders Hart to pay a civil money penalty of $10,000. The Commission gratefully acknowledges the valuable assistance of the Texas State Securities Board in the investigation of this matter. INJUNCTIVE ACTION FILED AGAINST EDWARD ARNOLD PATTERSON On April 22, the Commission filed a civil injunctive action against Edward Arnold Patterson, an associated person of an investment adviser formerly registered with the Commission. The complaint alleges that between 1993 and 1996, Patterson, a resident of Fort Worth, Texas, misappropriated a total of $155,000 from two adviser clients. In addition, from 1994 through 1997, the complaint alleges that Patterson provided approximately 33 adviser clients with account statements that materially overstated the collective value of their accounts by approximately $807,000. With respect to at least five of these accounts, it is alleged that Patterson provided clients with altered or fictitious mutual fund statements that purportedly confirmed the figures contained in the inflated adviser account statements. The Commission seeks an order permanently enjoining Patterson, an order requiring disgorgement of all wrongfully obtained profits, with prejudgment interest, and a civil penalty. [SEC v. EDWARD ARNOLD PATTERSON, 4:99CV0325-P, USDC, ND/TX, (Ft. Worth Division)] (LR- ) Stephen Webster Fort Worth District Office 817/978-6459