-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14748 / December 6, 1995 SECURITIES AND EXCHANGE COMMISSION v. KENNETH MITCHELL WIGGINS, JR. AND WIGGINS & COMPANY, INC., Civil Action No. C-94-1455WD (W.D. Wa. 1994). The Securities and Exchange Commission announced that on December 4, 1995 the Honorable William L. Dwyer, United States District Court Judge for the Western District of Washington, entered a Final Judgment of Disgorgement, Prejudgment Interest and Civil Penalties against both Kenneth Mitchell Wiggins, Jr. ("Wiggins") and Wiggins & Company, Inc. ("Wiggins & Co.") (collectively, the "Defendants") who consented to the entry of the Final Judgment without admitting or denying the Commission's allegations. Pursuant to the Final Judgment, Wiggins and Wiggins & Co. will pay disgorgement of $800,500, and prejudgment interest of $631,895.12, in an amount totalling $1,432,395.12. Wiggins must also pay civil penalties of $180,500.00. The amounts of disgorgement, prejudgment interest and civil penalties were determined pursuant to the court's previous Order of Permanent Injunction which permanently enjoined Wiggins and Wiggins & Co. from violations of the antifraud provisions of the securities laws. The Commission's complaint, filed September 30, 1994, alleges that Wiggins & Wiggins & Co. fraudulently offered and sold securities in the form of promissory notes and assignments of fractionalized interests in three Peruvian gold bonds issued in 1875. The Commission further alleges that from March 1987 through June 1992, Wiggins, through Wiggins & Co., raised approximately $950,000 from 19 investors. When soliciting investors, the Defendants misrepresented and failed to state material facts concerning their ownership and control of the bonds and their right to assign interests in the bonds. The Commission would like to acknowledge the assistance provided in connection with this investigation by the Peruvian Ministry of Finance and Economics, which, in response to a request from the SEC, issued a Diplomatic Note stating that the bonds in question expired in 1952 and are therefore worthless. The Commission would also like to thank the Economic Section of the United States Embassy in Lima, Peru for their efforts in obtaining the Diplomatic Note.