U.S. SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15244 / February 4, 1997 Securities and Exchange Commission v. J.W. Korth & Co. and James Wilder Korth., Case No. 97-0280-Civ-Ungaro-Benages (USDC/SD FL) The Securities and Exchange Commission ("SEC") announced that on February 4, 1997, it filed a civil lawsuit in the U.S. District Court for the Southern District of Florida against J.W. Korth & Co. ("JWK" or the "firm"), a registered broker-dealer which has been offering and selling to the public defaulted pre- World War II German Gold Bonds (the "German Bonds"). JWK, headquartered in Farmington Hills, Michigan, is conducting its German Bond business from its branch office in Miami, Florida. James Wilder Korth ("Korth"), JWK's president, age 46 of Coconut Grove, Florida, is also named as a defendant in the lawsuit. The suit seeks, among other relief (described-below), an emergency temporary restraining order directing JWK and Korth to immediately turn over to the SEC certain records relating to the German Bonds. The SEC's complaint and supporting papers allege that JWK, under Korth's direction, has repeatedly refused to give the SEC true and complete copies of records containing the certificate numbers for these German Bonds in violation of Sections 17(a)(1) and 17(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule and 17a-4(j) thereunder. The SEC charges that Korth violated these provisions as an aider and abettor, pursuant to Section 20(f) of the Exchange Act. The SEC alleges that the defendants' "willful defiance of the law has interfered with the SEC's well-settled powers to examine the books and records of a registered broker-dealer" and has hindered the SEC's efforts to determine whether their offering of the German Bonds violates other provisions of the federal securities laws. According to its complaint, the SEC has received preliminary information tending to indicate that the vast majority of the German Bonds currently in circulation may be invalid and unredeemable. The SEC's supporting papers reflect that the German Government has established an elaborate procedure for redeeming the Bonds, one element of which requires the bondholder to prove that the Bond had not been previously stolen. According to the SEC, the German Government takes the position that the vast majority of the German Bonds are no longer valid for redemption because they were either stolen, previously exchanged for new debt instruments, or were kept in the Russian-occupied territory of Berlin after World War II and subsequently came into circulation. Accordingly, the SEC stresses that investors and those who may advise them, particularly broker-dealers and investment advisors, should be keenly aware of the German Government's position regarding the potential invalidity of these Bonds. In addition to an emergency Order directing JWK and Korth to provide certain records relating to the German Bonds, the SEC is seeking in its lawsuit an Order preventing the destruction of records, preliminary and permanent injunctions, and a civil penalty.