UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15881 \ September 15, 1998 SEC V. Jerald F. Albin, et al. W.D. Mo., Case No. 98-0977- CV-W-8, filed September 11, 1998 The Commission announced that, on September 11, 1998, the United States District Court for the Western District of Missouri issued a Temporary Restraining Order (TRO) temporarily barring Defendants Balanced Plan, Inc., d/b/a Balanced Plan Accumulation Trust (Trust) and Jerald F. Albin (Albin) from violations of the antifraud provisions of the federal securities laws. The TRO also temporarily prohibits Albin, the Trust, and relief defendant J.F. Albin Companies, Ltd. (Albin Companies) from dissipating funds, pending a hearing on the Commission's request for a preliminary injunction. In its Complaint, the Commission alleges that Albin has raised more than $1.7 million from at least 35 individuals who have invested in promissory notes sold by the Trust. The Trust and most Trust investors are located in the Kansas City, Missouri area. The Commission alleges that the Trust is an ongoing Ponzi scheme controlled by Albin and that Albin has misrepresented the use of investor proceeds, misappropriated investor funds and misrepresented the safety and liquidity of an investment with the Trust. In particular, the Commission alleges that Albin misrepresented the use of investor proceeds to some investors by falsely claiming investor funds would be used to purchase investment vehicles like certificates of deposit, annuities, bonds and other securities. Contrary to Albin's representations, the Commission alleges, Albin has directed Trust investor proceeds to paying himself, paying Albin Companies' operating expenses and repaying earlier investors. According to the Commission's allegations, Albin has also failed to disclose to Trust investors that investors proceeds were used by him personally and by Albin Companies for its operating expenses. Further, the Commission alleges that Albin has represented that the notes sold by the Trust were safe and liquid, when he knew that they were not. The Commission named Albin Companies as relief defendant because, the Commission alleges, Albin Companies has received more than $500,000 in ill-gotten gains. The Commission alleges in its Complaint that Albin and the Trust have violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. A hearing on the Commission's request for a preliminary injunction is scheduled for September 18, 1998.