==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15290 / March 13, 1997 UNITED STATES OF AMERICA v. BARRY L. KING, CR. No. 95-10220NMG, USDC. (D. MA) The Securities and Exchange Commission ("Commission") announced that, on March 4, 1997, Barry L. King ("King"), formerly of Wellesley, Massachusetts and presently residing in Boca Raton, Florida, pleaded guilty to 32 counts of mail fraud relating to a Ponzi scheme and one count of bankruptcy fraud for concealing his assets in a bankruptcy proceeding. The indictment alleged that, between late 1986 and 1989, King solicited over $11 million from former clients, many of whom were elderly, to invest their monies in secured mortgages in return for guaranteed interest payments. According to the indictment, and contrary to his representations, King pooled the investor funds and loaned their money to non-creditworthy borrowers on distressed properties. The indictment also alleged that King kept his mortgage investment scheme afloat by using funds provided by new investors to repay principal and to make interest payments to existing investors. According to the indictment, King used the remaining investor funds to support his lavish lifestyle and to pay for gambling debts, family airline tickets, his daughter's wedding expenses, and interior design bills for his residence in Boca Raton, Florida and his summer house rental in the Hamptons, New York. The indictment further alleged that, in late 1989, as King's scheme began to collapse, King sent lulling letters to investors falsely reassuring them that their investments were safe. King also pleaded guilty to bankruptcy fraud for concealing from a bankruptcy trustee that he received over $100,000 in federal tax refunds and other assets after the filing of his 1991 bankruptcy petition. King's sentencing has been scheduled for June 3, 1997. On September 28, 1990, the Commission filed an injunctive action alleging that King violated various registration and antifraud provisions of the Securities Act, Exchange Act and Advisers Act in connection with the scheme set forth in the indictment. King was enjoined in December 1990 from further violations of all provisions alleged in the complaint, ordered to comply with the terms of a 1986 Commission bar order and ordered to make restitution to investors. In addition, investor monies and assets were transferred to a special agent appointed by the Court for purposes of liquidation and the return of all available funds to investors. On March 8, 1991, the court granted the Commission's further application for an Order permanently prohibiting King from transferring or disposing of assets in excess of ordinary and necessary living expenses and, upon ==========================================START OF PAGE 2====== application of the special agent, ordered Wellesley Mortgage Corporation, an entity formerly controlled by Barry King, to file for bankruptcy. The Commission staff assisted the New England Bank Fraud Task Force of the Department of Justice in its criminal investigation of King. For further information, see Exchange Act Release Nos. 23862 and 33167, and Litigation Release Nos. 12670, 12738, 12808 and 14574.