UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. SECURITIES ACT OF 1933 Release No. 7503 / February 2, 1998 SECURITIES EXCHANGE ACT OF 1934 Release No. 39612 / February 2, 1998 ADMIN. PROC. FILE NO. 3-9542 ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST COUNTY OF NEVADA, CITY OF IONE, WASCO PUBLIC FINANCING AUTHORITY, VIRGINIA HORLER, AND WILLIAM MCKAY On February 2, 1998, the Securities and Exchange Commission ("Commission") issued an Order Instituting Public Administrative Proceedings against three central California municipalities and two professionals for causing or committing securities fraud in connection with the sale of $58 million in municipal bonds. The Order names the County of Nevada ("Nevada County"), the City of Ione ("Ione"), the Wasco Public Financing Authority ("Wasco"), Virginia Horler ("Horler"), of Dain Rauscher Incorporated (formerly known as Rauscher Pierce Refsnes), and William McKay ("McKay"), a real estate appraiser. The Order alleges that the municipalities and individuals created and approved written materials, used in selling the bonds, that fraudulently misstated or omitted important information. Last July, the Commission sued the underwriter of the offerings, First California Capital Markets Group, and two of its executives, H. Michael Richardson and Derrick Dumont, in the United States District Court for the Northern District of California. See Lit. Rel. No. 15423. That litigation is pending. Nevada County raised $9.07 million through the sale of "Mello-Roos" bonds, which are used to finance real estate development. The Order alleges that the Official Statement for the Nevada County offering contained misrepresentations and omissions concerning: (1) the value of the property to be developed; (2) the developer's ownership interest in the property; (3) the developer's experience and financial condition; (4) cost estimates to complete the project; and (5) how the project would be financed by the developer and Nevada County. The Order further alleges that Horler, Nevada County's financial advisor, drafted the Official Statement, which was reviewed by Nevada County staff and officials, and approved for distribution by resolution of the County Board of Supervisors. Ione raised $14 million in two "Mello-Roos" bond offerings. The Order alleges that the Official Statements for the Ione offerings contained misrepresentations and omissions concerning: (1) the ability to complete all of the listed improvements with the offering proceeds; (2) the value of the property to be developed, and (3) the sufficiency of the developer's ======END OF PAGE 1====== capital to complete the project. The Order further alleges that McKay prepared the appraisals for both Nevada County and Ione, as well as summaries of each which he knew were to be included in the Official Statements for the offerings. The misrepresentations and omissions in the Nevada County and Ione Offering Statements were important to investors because they made the projects and the bonds appear to be less risky than they actually were. The Wasco offering, which raised $35 million, involved the sale of "Marks-Roos" municipal bonds, which are issued to form pools of money to finance a number of local projects. The Order alleges that the Official Statement for this offering failed to disclose that nearly all of the projects listed were highly contingent, if not speculative. These misrepresentations were important to investors because they falsely created the impression that the pools were fully allocated to particular projects. Because the projects were speculative, there was a greater risk to investors that the bonds would not be repaid with interest. The Order alleges that Nevada County, Ione, Wasco, Horler and McKay violated the antifraud provisions of the federal securities laws, including Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 issued thereunder. An administrative hearing will be scheduled to litigate the allegations and determine whether the Commission should order any remedial action. ======END OF PAGE 2======