SECURITIES AND EXCHANGE COMMISSION WASHINGTON D.C. Litigation Release No. 15125 / October 16, 1996 SECURITIES AND EXCHANGE COMMISSION v. PETER M. HARRINGTON, Civ. 96- 0079(A) (W.D.N.Y 1996). On October 3, 1996, a Default Judgment was entered against Peter M. Harrington ("Harrington") by the Honorable Richard J. Arcara, United States District Court Judge for the Western District of New York, which enjoins Harrington from future violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b- 5 thereunder. Harrington was also ordered to pay disgorgement of $933,188.28, prejudgment interest in the amount of $99,633.63, and a civil penalty of $100,000. The Complaint in the above action alleged, among other things, that, from at least March 1991 through June 1995, Harrington, the president and sole owner of Harrington Securities Corporation ("HSC"), a registered broker-dealer, misappropriated at least $982,992.83 from eighteen of his customers by using an elaborate scheme involving, among other things, material misrepresentations, forged endorsement signatures on clearing firm checks, and fabricated confirmation statements. To induce investors to invest with him, Harrington falsely told investors that he would invest their funds in certificates of deposit ("CDs") issued by various banks. He falsely represented that the CDs paid 10% interest; were insured by the Federal Deposit Insurance Corporation ("FDIC"); and were a completely riskless investment. However, Harrington never purchased CDs for his customers with the funds which they entrusted to him for that purpose. Instead of investing these customers' funds in CDs, Harrington deposited his customers' funds into several of his personal bank accounts. Furthermore, to conceal the misappropriation of his customers' funds, Harrington prepared and mailed letters to the customers titled "Confirmation," which purported to confirm that funds remitted by the customers had been invested in CDs. In addition, Harrington, without his customers' knowledge, consent, or authorization, placed orders to sell the securities of his customers being held in their HSC brokerage accounts. Harrington misappropriated the proceeds from the unauthorized sales of these customers' securities by forging the customers' signatures on the proceeds checks and then depositing these checks into his personal bank accounts. For further information see Lit. Rel. No. 14812.