U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15720 / April 23, 1998 SECURITIES AND EXCHANGE COMMISSION v. DIRECT PARTICIPATION SERVICES, INC. dba GOVERNMENT FINANCIAL, JEFFREY A. LOBEL, WILLIAM ROSSI, UNITED AVALON GROUP, LTD. and FRANK M. NAFT, Civil Action No. 96-6594 LGB (Mcx) (C.D. Cal.) The Commission announced that on April 14, 1998, the Honorable Lourdes G. Baird, United States District Court Judge for the Central District of California, signed a judgment which permanently enjoined Jeffrey A. Lobel ("Lobel") from future violations of Sections 5(a) and 5(c) of the Securities Act of 1933 (the "Securities Act"), the registration provisions, and Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934, (the "Exchange Act"), and Rule 10b-5 thereunder, the anti-fraud provisions. The Complaint alleged that from approximately July 1, 1993 to May 15, 1995, Lobel and others fraudulently offered and sold nine-month promissory notes ("Notes") issued by Direct Participation Services, Inc. d/b/a Government Financial ("GF"), raising about $26 million from approximately 750 investors. The Complaint alleged that approximately $3.4 million of investor proceeds were used for undisclosed purposes, primarily to promote and finance personal business interests of Lobel and others. The Complaint further alleged that Lobel and others deceived investors into believing that GF would only purchase accounts receivable which were owed by government agencies or insured by an A+ rated insurance carrier. In fact, according to the Complaint, GF grossly overstated the extent of government receivables purchased and failed to obtain the promised insurance. GF's offering materials additionally provided that a trustee would hold all loan portfolio documents, receive assignments of all assets purchased by GF, receive all payments from GF's account debtors, and enforce the Noteholders' security interest in purchased accounts receivable. However, the Complaint alleged that the trustee failed to discharge these duties. Instead, the Complaint alleged that the trustee operated as a mere disbursing agent, with Lobel's knowledge. As a result of the above- described failure to operate GF in the manner represented, the Note program evolved into a ponzi-like scheme since, according to the Complaint, investors were repaid using funds of subsequent investors. In addition, the Complaint alleged that, at the time the Notes were offered and sold, no registration statement covering the Notes had been filed or was in effect. Instead, the Notes were sold in purported reliance upon the registration exemption set forth in Section 3(a)(3) of the Securities Act. That exemption was unavailable, however, because the Notes were: (1) not prime quality negotiable commercial paper; (2) offered and sold to the general public; and (3) not issued to facilitate well recognized types of current operational business requirements. In a related action, the Commission issued an Order on April 22, 1998, instituting administrative proceedings against Lobel. Lobel simultaneously consented to the entry of the Order barring him from association with any broker, dealer, municipal securities dealer, investment adviser or investment company, with the right to reapply, after a period of five years.