==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15098 / September 30, 1996 SECURITIES AND EXCHANGE COMMISSION v. DAVID EDWARD FREITAG, No. 96 C 50345 (N.D. Ill.)(filed September 30, 1996) The Securities and Exchange Commission announced that on September 30, 1996, it filed a complaint in the United States District Court for the Northern District of Illinois against David E. Freitag (Freitag). The complaint alleges that from at least August 1993 to August 1995 Freitag operated a Ponzi scheme that defrauded at least 240 investors of $7 million. Freitag told investors that he could obtain immediate returns of up to 10% by pooling their funds and subsequently using the pool to invest in certain unspecified mutual funds. Freitag gave an additional incentive for investment by telling prospective investors that the mutual funds offered guaranteed annual returns of up to 25% and had no risk of loss. Contrary to his statements, Freitag never invested any of the money he received in any mutual fund. Instead, he deposited the money in his own bank accounts and used it to pay returns to earlier investors and for personal expenses. The complaint also alleges that the securities that Freitag offered were not registered with the Commission. Additionally, Freitag acted as a broker by transacting in securities for his clients' accounts. However, he was not registered with the Commission. Finally, the pool of money that Freitag was to have used to invest in mutual funds constituted an investment company, which was not registered with the Commission. In its complaint, the Commission seeks an order permanently enjoining Freitag from committing future violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Sections 10(b), 15(a) and 15(c) of the Exchange Act of 1934 and Rules 10b- 5 and 15c1-2 promulgated thereunder.