INVESTMENT ADVISERS ACT OF 1940 Release No. 1750 / September 14, 1998 ADMINISTRATIVE PROCEEDING File No. 3-9703 IN THE MATTER OF ELLEN GRIGGS ADMINISTRATIVE PROCEEDING INSTITUTED AGAINST ELLEN GRIGGS The Securities and Exchange Commission ("Commission") announced today that it had instituted public administrative proceedings against Ellen Griggs, a former chief investment officer at Mitchell Hutchins Asset Management, Inc. ("Mitchell Hutchins") and former co-portfolio manager of the PaineWebber Short-Term U.S. Government Income Fund ("Fund"). In a separate release, the Commission also announced today that it had filed an administrative order charging Stephen Brown, the Fund's day-to-day co-portfolio manager during September 1993 through April 1994, with, among other things, violations of the antifraud provisions of the federal securities laws in connection with the purchase and pricing of certain securities in the Fund's portfolio. Simultaneously with the institution of the administrative proceeding against him, and without admitting or denying the Commission's findings, Brown consented to entry of the Commission's order. In September 1997, the Commission entered an administrative order charging Mitchell Hutchins with, among other things, violations of the antifraud provisions of the federal securities laws in the marketing and management of the Fund in 1993 and early 1994. Simultaneously with the institution of that proceeding, and without admitting or denying the Commission's findings, Mitchell Hutchins consented to entry of the Commission's order. In the Order instituting proceedings against Griggs ("Order") under Section 203(f) of the Investment Advisers Act of 1940 ("Advisers Act"), the Commission's Division of Enforcement alleges that the Fund was marketed to investors as a higher-yield and somewhat higher-risk alternative to money market funds and certificates of deposit. The Fund's prospectus disclosed that its investment objective was to achieve the highest level of income consistent with preservation of capital and low volatility of net asset value. The appendix to the prospectus also disclosed that the Fund had "no present intention" of investing in certain classes of interest-only ("IO") and principal-only ("PO") stripped mortgage-backed securities. The Order alleges that, contrary to these public disclosures, Brown invested the Fund's assets in certain inappropriate IO and PO securities commencing in September 1993 and continuing through February 1994. When interest rates increased sharply beginning in February 1994, the Fund incurred significant losses, performing well below comparable funds. The Order alleges that Brown's improper conduct remained undetected by Mitchell Hutchins until late April 1994, in part, because his supervisor, Griggs, failed to review his purchases of securities for the Fund's portfolio. The Order further alleges that Griggs created a supervisory environment that gave Brown virtually total control over the purchase and valuation of portfolio securities, with little or no effective oversight. As a result, the Order alleges that Griggs failed reasonably to supervise Brown with a view to preventing his violations of the federal securities laws. A hearing will be scheduled to determine whether the allegations are true and, if so, what, if any, remedial action is appropriate in the public interest under Section 203(f) of the Advisers Act, and whether a money penalty should be imposed under Section 203(i) of the Advisers Act.