UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15650 / February 23, 1998 SEC v. WEYMAN B. SINYARD, THOMAS G. POULAKIDAS, RANDY DEPOISTER, AND JARCO, INC. (N.D. Ill., Civil Action File No. 94C-5856) The Securities and Exchange Commission (Commission) announced that on February 2, 1998, the Honorable John Grady of the United States District Court for the Northern District of Illinois entered an Order of Permanent Injunction (Order) Against Defendant Randy Depoister (Depoister). The Court granted the Commission's motion for summary judgment and permanently enjoined Depoister from violating the securities registration and antifraud provisions of the federal securities laws. In the Order, the Court makes detailed findings against Depoister. According to the findings, between October 1989 and June 1991, Depoister, at times through his registered investment adviser, Financial Resources Advisory, Inc. (FRA), offered an investment in Jarco, Inc. (Jarco) to prospective investors. As a result of Depoister's offers and resulting sales of this Jarco investment, Depoister raised $461,750 from eighteen investors. To evidence the funds Depoister raised for Jarco, unsecured promissory notes were issued to each investor. The Court also makes findings that, in the offer and sale of the Jarco investment to the public, Depoister knowingly misrepresented and omitted to state numerous material facts pertaining to the investment. Specifically, Depoister promised investors that the investment was short-term, ranging from one week to one year, and that they would receive returns ranging from 20% to 100% when he knew that he could not promise such short-term returns. In fact, the Court makes findings that, despite Depoister's promises, the investors have never received back their principal investment or any of their promised returns. The Court further makes findings that Depoister assured investors that the Jarco investment was safe, guaranteed and involved little or no risk when he knew that he could not promise such safety. Depoister also told some investors, prior to the time they invested, that he had invested his own money in the Jarco investment when, in fact, Depoister never invested his own money. Further, Depoister fraudulently converted investors' funds for his own use, misappropriating $90,200 of the monies he raised from investors for uses unrelated to the Jarco investment and without disclosing such uses to investors. Depoister also misrepresented to some investors the true nature of the Jarco investment. Moreover, Depoister falsely and fraudulently assured certain of his clients that delays in returning their monies were only temporary and that the money would be forthcoming in days, even though Depoister knew he could not promise such prompt return of investors' money. Finally, in the Order, the Court makes several conclusions of law. Specifically, the Court concludes that: (1) the Jarco investment constituted a security; (2) in connection with his offer and sale of the Jarco securities to investors, which included certain of his investment ======END OF PAGE 1====== advisory clients, Depoister knowingly misrepresented and omitted to state material facts pertaining to the investment and thereby violated Section 17(a) of the Securities Act of 1933 (Securities Act), Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder and aided and abetted violations of Sections 206(1) and 206(2) of the Investment Advisers Act of 1940; (3) Depoister's offer and sale of the unregistered Jarco securities violated the securities registration requirements of Sections 5(a) and 5(c) of the Securities Act; and (4) due to the reasonable likelihood that Depoister will engage in future violations of the securities laws, injunctive relief is appropriate against Depoister. Previously, on January 7, 1998, the Court, pursuant to a Commission motion for such relief, dismissed the Commission s claim for disgorgement and civil penalties against Depoister and the Commission s entire action against Depoister s registered investment adviser, FRA. For further information, see Litigation Release Nos. 14259 (September 27, 1994), 14308 (October 28, 1994), 14512 (May 26, 1995), 14603 (August 15, 1995), 14863 (April 5, 1996), 14883 (April 17, 1996). ======END OF PAGE 2======