-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. Litigation Release No. 14732 / November 27, 1995 SECURITIES AND EXCHANGE COMMISSION V. THOMAS S. MACKIE, JR., PETER M. STANLEY, AND ANDREW S. FINK, United States District Court for the Eastern District of New York, 95 Civ. 4852 (JS). On November 27, 1995, the Securities and Exchange Commission filed a Complaint in the United States District Court for the Eastern District of New York against Thomas S. Mackie, Peter M. Stanley, and Andrew S. Fink alleging violations of the antifraud provisions of the federal securities laws in connection with a series of fraudulent securities transactions. The Commission seeks injunctive relief and civil penalties against all three defendants and disgorgement of profits obtained by Mr. Mackie. The Commission's Complaint alleges the following: In the period from late 1991 through late 1992, Mackie fraudulently obtained securities from three different entities: (1) the Bank of Keetoowah, a bank located in Oklahoma, (2) Sigma Alpha Entertainment Group, Ltd., a Philadelphia based record company and (3) Command Credit Corporation, a financial services company located in Rockville Center, New York. In each case, Mackie acquired the securities by falsely stating that he represented a Liechtenstein trust named Stirling Trust and by misrepresenting the size of the trust's assets and, accordingly, his ability to pay for the securities. In truth, Mackie was never authorized to represent Stirling Trust which, in any case, lacked assets sufficient to pay for the securities Mackie acquired. In fact, the trust had been dissolved before any of the transactions with the three entities mentioned above were consummated. In addition to numerous false statements and omissions, Mackie's fraudulent activity included the creation and use of false and misleading financial statements for Stirling Trust and the use of a forged certificate of deposit and a number of falsified account statements. Defendant Peter M. Stanley participated in Mackie's fraud on Command Credit by misrepresenting Mackie's relationship with Stirling Trust and the size of the trust's assets. Defendant Andrew S. Fink participated in Mackie's fraud on the Bank of Keetoowah by preparing the false and misleading financial statements for the trust that were provided to the bank and by confirming to the bank that he had seen valid documentation supporting the trust's assets. Simultaneously with the filing of the Complaint, Mr. Fink, without admitting or denying the substantive allegations of the Complaint, consented to the entry of a Final Judgment permanently enjoining and restraining him from violating Section 10(b) of the Securities Exchange Act of 1934.