-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14660 / September 29, 1995 SEC v. Jerome E. Pinckney, Richard L. Arnold, Donald E. Elder, Fernando Cruz, Shaun K.R. Maxwell, Anthony Bukovich, Jr., and Six Capital Corporation, Civil Action No. 7:95-CV-122-BR(1) (E.D.N.C.) The Securities and Exchange Commission announced the filing of a complaint on August 24, 1995 in the United States District Court for the Eastern District of North Carolina seeking preliminary and permanent injunctions and other equitable relief against Jerome E. Pinckney of Wilmington, North Carolina, Richard L. Arnold of Raleigh, North Carolina, Donald E. Elder of Hilton Head, South Carolina, Fernando Cruz of Linden, New Jersey, Shaun K.R. Maxwell of Auburn, Washington, Anthony Bukovich, Jr. of Tampa, Florida, and Six Capital Corporation, a Florida corporation, for violations of the antifraud provisions of the federal securities laws. The complaint alleges that from at least April 1994 to September 1994, the defendants defrauded investors by making numerous misrepresentations and omissions of material fact in connection with the offer of two investment contracts based on the purchase and sale of so-called "prime bank securities." The complaint alleges that the first offer promised investors a 9% weekly return, guaranteed by a top five United States bank or trust, and required a $10 million minimum investment which would remain 100% safe in the investors' bank account. The complaint further alleges that several defendants offered a second prime bank investment requiring an $870,000 minimum investment which was purportedly to be used to purchase and sell discounted, $1 million guarantees issued by the top fifteen banks in western Europe. The second offer, which was interrupted by the staff's investigation, promised that the bank guarantees would be resold to a major U.S. brokerage firm for no less than $925,000. In both schemes, investors were asked to execute a Limited Power of Attorney providing access to their funds. The Honorable W. Earl Britt, United States District Judge for the Eastern District of North Carolina, has scheduled a hearing on the Commission's applications for October 3, 1995, at 1:00 p.m.