==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15030 / September 4, 1996 SEC v. GARY L. HAMBY and GARY B. ROSS (United States District Court for the Eastern District of Missouri, 96-Civil-1721, filed August 30, 1996) The Securities and Exchange Commission announced that on August 30, 1996, it filed a Complaint for Permanent Injunction and Other Equitable Relief (Complaint) in the United States District Court for the Eastern District of Missouri against Defendants Gary L. Hamby (Hamby) and Gary B. Ross (Ross). The Complaint alleges that Hamby and Ross violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and that Hamby also violated Section 207 of the Investment Advisers Act of 1940 (Advisers Act). In addition, the Complaint alleges that Hamby and Ross aided and abetted violations of Sections 203(a), 204, 205(a)(1), 206(1), 206(2) and 206(4) of the Advisers Act and Rules 204- 2(a), 206(4)-1(a)(5) and 206(4)-2 thereunder, and that Ross also aided and abetted violations of Section 207 of the Advisers Act. The Complaint seeks a permanent injunction against the Defendants, disgorgement of ill-gotten gains and an accounting of funds received from the public. In its Complaint, the Commission alleges that from about April 1990 through about February 1995, Hamby and Ross engaged in an elaborate fraudulent scheme using the two investment advisers they operated, International Market Strategies, Inc. (IMS I) and International Market Strategies II, Inc. (IMS II). During the course of the fraudulent scheme, they misappropriated client funds and made repeated misrepresentations in the offer and sale of securities. In addition, IMS I and IMS II themselves committed several violations of the Advisers Act, all of which were aided and abetted by Hamby and Ross. Among these violations were IMS I's failure to register as an investment adviser with the Commission, IMS I's collection of prohibited performance fees from clients, IMS II's filing a fraudulent registration form with the Commission and IMS II's distribution of false and misleading advertisements to the public.