-------------------- BEGINNING OF PAGE #1 ------------------- U.S. SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14765 / December 22, 1995 SECURITIES AND EXCHANGE COMMISSION V. JAMES A. PEARCE Civil Action No. CV 95-6533 RJK (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced on December 11, 1995, that a Judgment of Permanent Injunction and Other Relief was obtained against James A. Pearce ("Pearce"). A civil Complaint was filed by the Commission against Pearce on September 5, 1995 in the Central District of California alleging that Defendant Pearce participated in a fraudulent scheme with Steven D. Wymer ("Wymer") and the investment advisers controlled by Wymer, Denman & Co and Institutional Treasury Management, Inc. (collectively "ITM"). From 1987 through December, 1991, Wymer, through ITM, conducted a massive fraudulent scheme against his advisory clients, principally small cities and towns, local government agencies and financial institutions. Wymer misappropriated and diverted his advisory clients' funds, commingling and using the funds to pay purported profits on non-existent securities transactions made on behalf of his clients, to cover client and personal trading losses, to fund ITM's operations and to pay for Wymer's lavish personal living expenses. In prior actions, Wymer was enjoined from future securities law violations, pleaded guilty to nine felony counts of racketeering, securities fraud, mail fraud, bank fraud, obstruction of justice and was ordered to pay $209 million in restitution to his former clients. Wymer is currently serving a prison sentence of 14 years and 7 months. The Commission's Complaint made the following allegations against Pearce. As ITM's marketing director and salesman, Pearce prepared and distributed false and misleading marketing materials. Pearce assured an ITM client that the fraudulent trades it questioned were legitimate and agreed to assist Wymer in the concealment of excessive trading mark-ups in exchange for a portion of the mark-ups. Pearce acted as a registered representative without informing clients of the investment advisers and signed and filed with the Commission a materially false Form ADV and Form ADV-Amendment for ITM. For this conduct, Wymer paid Pearce $338,000 (above Pearce's normal salary). Pearce also received $266,096 in undisclosed commissions from broker-dealers on ITM clients' trades while an ITM employee. Without admitting or denying the allegations contained in the Complaint, Pearce consented to the entry of a Judgment permanently enjoining him from future violations of the anti- fraud provisions of the Securities Act, the Exchange Act and the Advisers Act, Section 207 of the Advisers Act and Rule 206(4)- 1(a)(5), orders him to disgorge $604,096 plus prejudgment interest and waives payment based on his demonstrated financial inability to pay. The judgment against Pearce notes the appropriateness of civil penalties but does not impose them based upon his demonstrated inability to pay. In a separate proceeding, Pearce also consented to the entry of an administrative order barring him from association with any broker-dealer, municipal securities dealer, investment adviser or investment company.