SECURITIES AND EXCHANGE COMMISSION BOSTON, MASSACHUSETTS LITIGATION RELEASE NO. 16012 / December 30, 1998 SECURITIES AND EXCHANGE COMMISSION V. TODD J. LOSCOLA, CPI INVESTMENT MANAGEMENT, INC. AND CPA ADVISORS NETWORK, INC (United States District Court for the District of Rhode Island, Civil Action 98-610L (December 29, 1998) The Securities and Exchange Commission announced that on December 29, 1998, Judge Ernest Torres of the federal district court in Rhode Island ordered emergency relief against Todd LaScola, CPI Investment Management, Inc. ("CPI") an investment adviser, and CPA Network Advisors, Inc. ("CPA") a brokerage firm, for engaging in a series of unauthorized transactions exposing both advisory clients and brokerage customers to large losses and for engaging in misappropriation of advisory client funds. LaScola, a resident of Warwick, Rhode Island is a principal and a co-owner of CPA and is the sole owner of CPI. The Complaint alleges that, through CPA and CPI, LaScola has defrauded dozens of brokerage customers and advisory clients by diverting more than $6 million from their brokerage accounts in order to repay another client. Specifically, the Complaint alleges that LaScola diverted the funds in order to repay the International Brotherhood of Electrical Workers ("IBEW") for his illegal purchase in their account of nearly $6 million of highly speculative and illiquid promissory notes. Judge Torres temporarily restrained LaScola, CPI and CPA from engaging in further fraudulent conduct, froze the assets of LaScola and CPI and appointed a Temporary Receiver for CPI. The Complaint alleges that when the IBEW learned about the investment in the notes in November 1998, it demanded that LaScola immediately sell the notes or it would file a lawsuit against him. LaScola could not find buyers for these illiquid notes in part because some of them were in default. LaScola through CPA and CPI caused brokerage customers and advisory clients to purchase approximately $2 million of the notes without their knowledge or consent. The Complaint further alleges that in order to cover the $4 million balance, LaScola transferred $4 million of customers’ or clients’ funds to the IBEW and misrepresented to those individuals that they had been issued the notes, when in fact no notes have been issued in their names. The Complaint alleges that in order to facilitate the return of the IBEW money, LaScola, using a CPA computer system, converted several of his advisory clients’ as well as several brokerage customers’ cash accounts into margin accounts without their permission and obtained large margin loans. Due to the improper margin loans, investors are at risk of losing several million dollars. When questioned concerning the transactions, LaScola falsely told the customers and clients that the purchases were made in error. The Complaint alleges that LaScola also misappropriated $200,000 from an advisory client, and diverted another $127,000 from one client to another to hide the fact that he had previously dissipated the account to repay the IBEW. The Commission alleges that all of the defendants violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and alleges that LaScola and CPI violated Sections 206(1) and (2) of the Investment Advisers Act of 1940. In addition to the relief already granted, the Complaint seeks a permanent injunction, disgorgement and civil penalties. The Commission would like to acknowledge the cooperation and assistance of the Rhode Island State Department of Business Regulation, Securities Division in the investigation of this matter. On December 24, 1998, in separate actions, the Department temporarily suspended the state licenses LaScola, CPI and CPA. The investigation into this matter continues. Please contact Juan Marcel Marcelino, the District Administrator of the Commission's Boston District Office, at (617) 424-5934.