-------------------- BEGINNING OF PAGE #1 ------------------- U. S. SECURITIES AND EXCHANGE COMMISSION INVESTMENT ADVISERS ACT OF 1940 Release No. 1541 / December 18, 1995 ADMINISTRATIVE PROCEEDING INSTITUTED AGAINST JOHN FRANCIS D'ACQUISTO The Securities and Exchange Commission ("Commission") announced that on December 18, 1995, it issued an Order Instituting Public Administrative Proceeding Pursuant to Sections 203(e) and 203(f) of the Investment Advisers Act of 1940. The Order alleges that on September 20, 1995, the U.S. District Court, Southern District of California, entered an Order Granting Plaintiff's Motion for Summary Judgment permanently enjoining D'Acquisto from further violations of various antifraud provisions of the federal securities laws. The Commission's Complaint, filed on July 13, 1995, alleged that from about November 1993 through approximately June 1994, D'Acquisto, D'Acquisto Financial Group, Inc. ("DFG"), Doubleday Trust ("Doubleday") and Thomas F. Goodman ("Goodman") (collectively, "the Defendants") raised approximately $7 million from 3 investors through schemes involving the fraudulent offer and sale of "prime bank" and other securities. The Commission filed its Motion for Partial Summary Judgment on August 7, 1995. The Court issued an Order Granting Plaintiff's Motion for Partial Summary Judgment which permanently enjoined the Defendants from future violations of the antifraud provisions of the federal securities law. According to the findings of fact set forth in the Court's Order Granting Plaintiff's Motion for Partial Summary Judgment, when promoting the investment, D'Acquisto and the other Defendants falsely represented that the investors would receive a two percent guaranteed weekly return, that the Defendants were sophisticated money managers, that the investors' funds were secure, that the investment was low risk, and that the investment principal and earnings would be returned to investors on a timely basis. In fact, the Defendants misused and misappropriated investors' funds to purchase a contingent interest in a Mexican minor league baseball team in a league which does not operate, vacant land in Mexico and three racehorses. The Defendants also leveraged the zero coupon bonds purchased to "guarantee" the principal contrary to the representations made to investors. The Court ordered D'Acquisto to disgorge his ill-gotten gains, together with pre-judgment interest, resulting from the offer and sale of securities in the investment schemes, in an amount to be determined by the Court. -------------------- BEGINNING OF PAGE #2 ------------------- A hearing will be scheduled to take evidence on the staff's allegations and to afford the Respondent an opportunity to present any defenses thereto. The purpose of the hearing is to determine whether the allegations are true and whether any remedial action should be ordered by the Commission. 2