SECURITIES AND EXCHANGE COMMISSION WASHINGTON D.C. Litigation Release No. 15199 / December 26, 1996 SECURITIES AND EXCHANGE COMMISSION V. RICHARD M. SIMONSON, 96 Civ. 9695, U.S.D.C., S.D.N.Y. On December 26, 1996, the Securities and Exchange Commission charged Richard M. Simonson with violations of the antifraud provisions of the federal securities laws for falsely promising high returns on fictitious investments known as "prime bank" securities, as well as for making other material misrepresentations and omissions to potential investors. Named in the Complaint filed today in the United States District Court for the Southern District of New York is: Richard M. Simonson, a resident of New York, New York. The Complaint alleges that, from approximately June 1995 through October 1995, Simonson violated Section 17(a) of the Securities Act of 1933 ("Securities Act") and was about to violate Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder by fraudulently offering to sell fictitious securities to members of the public. The Complaint alleges that Simonson solicited at least four individuals in an attempt to convince them to invest approximately $10 million each in his "Bank Instrument Purchase Program," an elaborate scheme involving the purported purchases and sales of non-existent securities in the form of notes which were purportedly issued by high quality European banks, referred to as "prime banks." The Complaint alleges that, in connection with the offer of these securities, Simonson made numerous misrepresentations and omissions of material fact, including, among other things, the use of investors' funds, the risks associated with the investments, the ability to pay the promised interest rates, and the existence of the "prime bank" instruments. The Complaint seeks an Order which permanently enjoins Simonson against future violations of the antifraud provisions of the Securities Act and the Exchange Act, and which orders the payment of civil penalties, as well as other equitable relief.