UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 16120 / April 22, 1999 SECURITIES AND EXCHANGE COMMISSION v. LENNOX INVESTMENT GROUP, LTD., ACTIVE INTERNATIONAL, INC., RANDALL W. LAW, JAMES F. WARDELL, MONICA M. ILES, FRANK L. PEITZ, AND DANIEL B. BENSON, 4:98CV536-Y, USDC, ND/TX (Fort Worth Division) On April 21,1999, United States District Judge Terry R. Means entered a default judgment against Lennox Investment Group, Ltd ("Lennox") permanently enjoining the company from future violations of Section 17(a) of the Securities Act of 1933 ("Securities Act"), and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, and ordering it to disgorge illegal profits of $11,109,880, plus prejudgment interest of $2,736,623. Previously, on January 29, 1999, default judgments setting disgorgement amounts were entered against defendants Daniel B. Benson ("Benson") and Active International, Inc. ("Active), and relief defendants P.B.F. Capital Group, Inc. ("P.B.F."), Benson Financial, Inc. ("BFI"), and I.B.I., Inc. ("I.B.I."). Benson and Active were ordered, jointly and severally, to disgorge illegal profits in the amount of $11,109,000, plus prejudgment interest of $2,500,000. Relief defendants were ordered to disgorge the following amounts: P.B.F. -- $3,949,273, plus prejudgment interest of $839,519; BFI -- $2,053,586, plus prejudgment interest of $445,099; and I.B.I. -- $335,000, plus prejudgment interest of $18,196. Benson and Active were permanently enjoined by default on November 24, 1998, from future violations of Section 17(a) of the Securities Act, and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. According to the Commission’s complaint, the defendants fraudulently offered and sold unregistered "prime bank" securities to more than 50 investors in at least 10 states. Investors were told that their funds would be placed in an escrow account, with the investment principal guaranteed, and that their funds would be invested in a trading program where investors could expect a yield of 122.5% per week for 40 weeks during the 54 week term of the program. In fact, according to the complaint, the trading program did not exist and these defendants, instead of investing the funds, stole the investors’ funds and used them for their own benefit and the benefit of their designees, including the relief defendants. DEFAULT JUDGMENTS ENTERED IN PRIME BANK CASE On April 21, United States District Judge Terry R. Means entered a default judgment against Lennox Investment Group, Ltd (Lennox) permanently enjoining the company from future violations of the antifraud provisions of the federal securities laws, and ordering it to disgorge illegal profits of $11,109,880, plus prejudgment interest of $2,736,623. Previously, on January 29, 1999, default judgments setting disgorgement amounts were entered against defendants Daniel B. Benson (Benson) and Active International, Inc. (Active), and relief defendants P.B.F. Capital Group, Inc. (P.B.F.), Benson Financial, Inc. (BFI), and I.B.I., Inc. (I.B.I.). Benson and Active were ordered, jointly and severally, to disgorge illegal profits in the amount of $11,109,000, plus prejudgment interest of $2,500,000. Relief defendants were ordered to disgorge the following amounts: P.B.F. -- $3,949,273, plus prejudgment interest of $839,519; BFI -- $2,053,586, plus prejudgment interest of $445,099; and I.B.I. -- $335,000, plus prejudgment interest of $18,196. Benson and Active were permanently enjoined by default on November 24, 1998, from future violations of the antifraud provisions of the federal securities laws. According to the Commission’s complaint, the defendants fraudulently offered and sold unregistered "prime bank" securities to more than 50 investors in at least 10 states. Investors were told that their funds would be placed in an escrow account, with the investment principal guaranteed, and that their funds would be invested in a trading program where investors could expect a yield of 122.5% per week for 40 weeks during the 54 week term of the program. In fact, according to the complaint, the trading program did not exist and these defendants, instead of investing the funds, stole the investors’ funds and used them for their own benefit and the benefit of their designees, including the relief defendants. [ Securities and Exchange Commission v. Lennox Investment Group, Ltd.,, et al., 4:98CV536-Y, USDC, ND/TX ] (LR- ) Jeffrey Norris Trial Counsel Fort Worth District Office 817/978-6452