SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15693 / April 3, 1998 E.C. v. San Marino Securities, Inc., et al., Civil Action No. 2:94CV 529J, (USDC UT) On January 13, 1998, the Honorable J. Thomas Greene, U.S. District Judge for the District of Utah, issued permanent injunctions by default against Mark Eames, Robert Eames, and Garth Potts. The defendants were enjoined from violating Section 15(b) of the Exchange Act and Rule 15b1-3 promulgated thereunder, Section 17(a), Section 15(c) and Section 10(b) of the Securities Act and Rule 10b-5 thereunder. The Commission's complaint alleged that Mark Eames, Garth Potts, and Robert Eames violated the antifraud provisions of the federal securities laws by making misrepresentations to two investors resulting in the loss of more than $700,000 to those investors. The false statements included the dissemination of a false financial statement which was used to guarantee a return on an investment. The complaint also alleged that Mark Eames misappropriated investor funds that were to be used to establish a Hong Kong broker-dealer, and instead used the funds for his personal benefit. The complaint, filed May 24, 1994, alleged extensive violations of the Commission's registration, recordkeeping, and net capital rules by San Marino Securities, Inc. (San Marino), Mark Eames, Robert Eames, and Garth Potts. The complaint contended that Mark Eames and Garth Potts were "control persons" of San Marino and caused San Marino to violate the Exchange Act rules governing recordkeeping and net capital. San Marino itself was permanently enjoined by consent on November 17, 1994.