UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15159 / November 19, 1996 Securities and Exchange Commission v. Teresa V. Fernandez (S.D.N.Y.) 96 Civ. 8702 (JES) On November 19, 1996, the Commission filed a Complaint charging that Teresa V. Fernandez, an investment adviser, misappropriated over $64 million in client funds, using forgeries and falsified instructions to broker-dealers. The Complaint alleges as follows: Fernandez, age 49, operated a registered investment advisory firm, Wharton Investments, Inc., from her home in Tenafly, New Jersey. Her clients were mostly wealthy residents of the Philippines, many of whom were relatives and family friends. They entrusted a total of over $100 million to Fernandez's management. Fernandez placed client funds in brokerage accounts at Shearson Lehman Hutton Inc. from 1986 to 1990 and, from mid- 1990 onward, at Bear Stearns & Co. Fernandez had authority to buy and sell securities in these accounts, but did not have authority to withdraw funds or securities from the accounts. Beginning in 1990, Fernandez ensured that her clients would not receive brokerage statements revealing the true status of their accounts by submitting forged letters to Bear Stearns directing that the statements be sent to her own home, and to her mother's home in the Philippines. From September 1990 through March 1995, Fernandez created and distributed fake Bear Stearns statements that reported securities trades that had not in fact occurred in the accounts. These statements, and Fernandez's own quarterly statements to clients, reported net equity that exceeded the true account balances by 50% to 90%. From December 1986 through September 1995, Fernandez stole at least $64,036,612 by submitting falsified Letters of Authorization directing that the broker-dealers transfer client funds to accounts under Fernandez's own control. Fernandez distributed the misappropriated funds to various persons and entities, including previously defrauded clients, many of whom were her relatives and friends. Fernandez used certain of the funds to cover client withdrawal requests that exceeded the true value of the pertinent client accounts. Fernandez also improperly charged her advisory clients approximately $1,500,568 in performance fees. The Complaint, filed in the U.S. District Court for the Southern District of New York, charges violations of 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 Sections 206(1), 206(2), and 206(4) of the Investment Advisers ==========================================START OF PAGE 2====== Act of 1940. Without admitting or denying the allegations of the Complaint, Fernandez consented to be permanently enjoined from violations of these provisions. The Complaint also seeks an order directing that Fernandez disgorge her illegal gains, plus prejudgment interest thereon, and pay civil money penalties pursuant to the Securities Enforcement Remedies and Penny Stock Reform Act of 1990.