-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. LITIGATION RELEASE NO. 14778 / January 11, 1996 SECURITIES AND EXCHANGE COMMISSION and COMMODITY FUTURES TRADING COMMISSION v. MICHAEL TROPIANO d/b/a ARDMORE FINANCIAL SERVICES, Civil Action No. 96-CV-228 (JEI)(D.N.J.) The Securities and Exchange Commission and the Commodity Futures Trading Commission today filed a joint civil injunctive action in the United States District Court for the District of New Jersey (Camden Division) against Michael Tropiano d/b/a Ardmore Financial Services, alleging violations of the antifraud, securities registration, broker-dealer registration, and commodity pool operator registration provisions of the Securities Act of 1933, Securities Exchange Act of 1934, and Commodity Exchange Act. Simultaneously with the filing of the action, the defendant consented to the entry of a Preliminary Injunction which enjoins him from engaging in violations of those provisions, freezes his personal assets as well as all investor funds under his possession or control, and orders him to account for the use of investor funds. In addition, the U.S. Attorney for the District of New Jersey today filed a criminal complaint charging Tropiano with mail fraud for the activities underlying this civil action. The Complaint alleges that the defendant, a resident of Haddonfield, New Jersey, has engaged in a scheme to defraud investors by offering and selling securities in the form of investment contracts in pools purportedly formed for the purpose of funding commodity futures trading. From 1989 through 1995, the defendant raised approximately $2.9 million from 118 investors. The amounts invested ranged from $2000 to more than $250,000. After initially conducting some commodity futures trading, the defendant in 1992 ceased all trading activity. Tropiano thereafter generated false account statements reflecting fictitious profitable trades and continued to raise money from investors by falsely representing that he had engaged in profitable trading. According to the Complaint, Tropiano deposited the invested money into bank accounts he controlled, from which he misappropriated approximately $1.5 million for his own use. Tropiano failed to register the investment contract securities with the Securities and Exchange Commission, failed to register as a broker-dealer, and failed to maintain his commodity pool operator registration with the Commodity Futures Trading Commission. The Complaint charged that by this conduct, Tropiano violated Sections 5 and 17(a) of the Securities Act of 1933, Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 4b(a), 4m, 4o, and 9(a) of the Commodity Exchange Act. Pursuant to the Preliminary Injunction, to which he consented, Tropiano is enjoined from further violations of the provisions of law set forth above. In addition, the order freezes his personal assets and the remaining investor funds, requires him to sell his house, cars, and other assets for the purpose of compensating defrauded investors, and orders him to account for funds placed under his control. -------------------- BEGINNING OF PAGE #2 ------------------- The Securities and Exchange Commission wishes to acknowledge the assistance of the Office of the United States Attorney in Camden, New Jersey, and the Federal Bureau of Investigation in this matter.