==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15136 \ October 25, 1996 U.S. v. Joseph Polichemi, Lyle Edward "Pete" Neal, Oscar William Olson, John Joseph DeVincens, Charles R. Padilla, Larry P. Oesterman and Edward W. Russey, N.D. Ill., No. 94 CR 555. The Commission and the U.S. Attorney's Office for the Northern District of Illinois announced that on October 22, 1996, the Honorable William T. Hart of the United States District Court for the Northern District of Illinois sentenced Joseph Polichemi (Polichemi), Lyle Neal (Neal), Oscar William Olson, Jr. (Olson), and Charles Padilla (Padilla) for their criminal convictions arising from their involvement in multiple fraudulent schemes involving purported "Prime Bank Instruments." These schemes included the Chicago Housing Authority's (CHA) $14 million investment in the Konex Roll Program, the subject of an action previously brought by the Commission against Polichemi, Neal, Olson and others for violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Specifically, Polichemi was sentenced to serve 210 months for convictions on one count of conspiracy, eight counts of money laundering and fifteen counts of wire fraud. Neal was sentenced to serve 235 months for convictions on one count of conspiracy, five counts of money laundering, thirteen counts of wire fraud and three counts of perjury. Padilla was sentenced to serve 78 months for thirteen counts of wire fraud and three counts of perjury. Finally, Olson was sentenced to serve 121 months for convictions on three counts of money laundering. These defendants also were ordered to pay, on a joint and several basis, restitution to investors in the amount of $10 million. The perjury convictions against Neal and Padilla resulted from their sworn testimony in connection with Commission's investigation concerning the Konex Roll Program. Larry Oesterman (Oesterman) and Edward Russey (Russey) earlier plead guilty to charges relating to the fraudulent schemes. Oesterman was sentenced to serve 46 months and Russey was sentenced to nine months home detention. In a separate criminal action, John Lauer (Lauer), CHA's Director of Risk Management and Benefits, plead guilty to wire fraud, mail fraud and obstruction of justice charges. To date, Lauer has not been sentenced. The criminal charges relating to the Konex Roll Program parallel the conduct alleged in the Commission's action filed in the United States District Court for the Northern District of Illinois on June 21, 1994, against Polichemi, Neal, their respective companies, Copol Investments Limited (Copol), Konex Holding Corp. (Konex), and Lauer and his company, Clifton Capital Investors L.P. (CCI). The Commission's Complaint and Amended ==========================================START OF PAGE 2====== Complaint, which added Olson as a defendant, alleged that from January 1993 to June 1994, Konex, Neal's company, raised at least $12.5 million from the CHA through the offer and sale of investments in the Konex Roll Program. In fact, the purported Roll Program, which was designed to pool investor funds to purchase and trade in "Prime Bank Instruments," was nothing more than a scam to defraud investors. Thus, the Complaint alleged that Polichemi, Olson and Neal, through, Copol and Konex, made false and misleading statements regarding the use of CHA proceeds and the risks and returns associated with the investment. The Complaint further alleged that Lauer, among other things, failed to disclose to the CHA the role of his private company, CCI, in the administration of CHA's investment, his receipt of compensation and his resulting conflict of interest. Moreover, the Complaint alleged that Lauer made false and misleading statements to prospective investors concerning the rate of return CHA earned and the circumstances under which the CHA invested in the Roll Program. On June 21, 1994, the Honorable Wayne Andersen of the U.S. District Court for the Northern District of Illinois entered an order in the Commission's action temporarily restraining and enjoining the defendants from future violations of the antifraud provisions of the federal securities laws and, among other things, froze their assets. On July 29, 1994, the Court entered an Order of Permanent Injunction and Other Equitable Relief by Default against Polichemi, Neal, Copol and Konex. On October 24, 1995, the Court entered an Order of Permanent Injunction and Other Relief against Lauer and CCI, including ordering them to pay $4.853 million in disgorgement plus prejudgment interest. On June 7, 1996, the Court entered an Order of Preliminary Injunction and Other Equitable Relief against Olson. The action remains pending as to Olson and to determine the appropriate amount of disgorgement and civil penalties to be assessed against Polichemi, Copol, Neal and Konex.