==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14950 \ June 19, 1996 SECURITIES AND EXCHANGE COMMISSION v. WILLIAM P. DILLON (United States District Court for the District of Massachusetts, Civil Action No. 96-11265 (RGS) (D. Massachusetts, filed June 19, 1996) The Securities and Exchange Commission announced the filing of a complaint, on June 19, 1996, in the United States District Court for the District of Massachusetts (the "Court") against William P. Dillon ("Dillon"), alleging that he deceived several broker-dealers in connection with a fraudulent margin trading scheme. The complaint alleges that, as a result of Dillon's 1995 margin trading, the broker-dealers suffered losses in excess of $200,000. The Commission seeks a final judgment enjoining Dillon from further violations of certain antifraud provisions of the securities laws, disgorgement of his ill-gotten gains and prejudgment interest. On July 2, 1990, Dillon, as a result of a prior Commission enforcement action, was barred by the Court for a period of five years from maintaining a margin account and from trading on margin. The complaint alleges that Dillon, in order to avoid this restriction, opened margin accounts at five broker-dealers in January 1995 using the name and social security number of a maintenance man he employed. Dillon also submitted inflated net worth and income figures to the broker-dealers in order to induce the firms to open the margin accounts. Between January and June 1995, Dillon deposited his own funds into the five accounts and, by impersonating the maintenance man, engaged in hundreds of securities transactions. The Commission's complaint alleges that Dillon made the trades without an intention or the means to pay for the trades if large losses resulted. In June 1995, Dillon's scheme unraveled when he placed two orders, each to sell 100 call options contracts, for the common stock of Lotus Development Corporation ("Lotus") without owning either the call options or the underlying Lotus stock. On June 5, 1995, International Business Machines announced a tender offer for all of the outstanding stock of Lotus, causing a substantial rise in the price of Lotus. Dillon, who became obligated to purchase 20,000 shares of Lotus stock to cover his option position, sustained a loss of approximately $450,000. Dillon did not have sufficient funds to purchase the necessary Lotus stock. Consequently, the broker-dealer through which Dillon had purchased the call options became obligated to make the purchase and suffered a loss of approximately $219,000. The Commission's complaint charges Dillon with violations of the antifraud provisions contained in Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange ==========================================START OF PAGE 2====== Act of 1934 and Rule 10b-5 thereunder. In a related matter, the U. S. Attorney's Office for the District of Massachusetts has - 2 - indicted Dillon and charged him with mail fraud, deceptive use of a social security number and criminal contempt based on the conduct detailed above. The criminal contempt charge is based on Dillon's failure to comply with the margin trading bar in the Court's July 2, 1990 order.