UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15463 / August 28, 1997 SEC v. Michael J. Randy, et al., N.D. IL, No. 94-C-5902, filed September 27, 1994. The Commission announced that on August 5, 1997, it filed a civil contempt action against David Johnston (Johnston), a defendant in a $15 million dollar Ponzi Scheme involving fraudulent Certificates of Deposit purportedly issued by Canadian Trade Bank. In the underlying Complaint, the Commission charged Johnston and others with violations of Sections 5(a), 5(c), 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a)(1) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Commission moved the Court for an order of civil contempt and other sanctions for Johnston's failure to comply with Court orders dated April 23, 1997 and June 19, 1997 requiring him to answer Interrogatories propounded upon him by the Commission. The Commission moved for contempt as well as a judgment of default. The Commission also moved for costs, attorneys fees and other discovery sanctions set forth in Rule 37(b) of the Federal Rules of Civil Procedure. The Honorable Wayne Andersen heard the contempt motion on August 14. Johnston's counsel appeared via telephone and requested another opportunity to answer the Interrogatories. After consideration, the Court granted counsel's request and ordered Johnston to answer and/or respond to the Commission's Interrogatories. The Court left open the available relief if the Interrogatories were not answered. ======END OF PAGE 1======