-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14682 / October 5, 1995 SECURITIES AND EXCHANGE COMMISSION v. BENJAMIN REX MOSES H-95-4664, USDC SD/TX [Houston Division] The Securities and Exchange Commission ("Commission") announced that on September 29, 1995, a Complaint was filed in United States District Court, Houston, Texas, against Benjamin Rex Moses ("Moses"), formerly a registered representative with H. D. Vest Investment Securities, Inc. ("H. D. Vest"), alleging that Moses violated the antifraud provisions of the federal securities laws in the operation of Physicians Investment Club ("PIC"), an investment club he organized and over which he exercised complete discretionary authority, a practice that was prohibited by H. D. Vest, and in the fraudulent management of the accounts of a retired couple who had told Moses they needed income from their accounts to live on. The Complaint alleges that Moses neither disclosed to his PIC investors that H. D. Vest had rejected his application to open a PIC trading account listing himself as attorney-in-fact because it was against firm policy, nor did Moses disclose that he solicited a PIC investor to falsely serve as attorney-in-fact on the account's documentation papers while he himself maintained control over the account's trading. Thereafter, according to the Complaint, Moses falsely represented to investors that they would realize a 20% return on their investment and lied to investors by telling them that the account was performing positively when, in fact, it was not, and, in furtherance of the scheme, created and mailed to some investors, false account statements with fictitious account balances and trading profits. The Complaint also alleges that Moses forged a retired couple's signatures on an options agreement and misrepresented the couple's option trading experience on their new account documents, and thereafter failed to disclose to the couple that he had been trading riskier options transactions in the accounts contrary to their express instructions. Further, the Complaint alleges that Moses falsely represented to the couple that the monthly checks they received were derived from interest income generated by the couple's principal investment when, in fact, the account incurred trading losses of more than half the amount invested. The Complaint also alleges that Moses misappropriated funds from both the PIC account and the accounts of the retired couple for his own use. The Complaint asks the Court to issue orders permanently enjoining Moses from further violations of the federal securities laws, directing Moses to file an accounting with the Court, directing Moses to disgorge all assets obtained as a result of the activities as alleged in the Complaint, and directing Moses to pay civil money penalties.