SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15915 / September 30, 1998 SECURITIES AND EXCHANGE COMMISSION v. RITA K. SAVLA, Civil Action No. 98-CV-119 84 (EFH) (D. Mass.) FORMER H.J. MEYERS BROKER SETTLES FRAUD CHARGES The Commission announced that it filed a complaint today against Rita K. Savla of Toledo, Ohio, a former broker at the Boston office of H.J. Meyers & Co., Inc., for engaging in a free-riding scheme which resulted in trading losses of approximately $162,000. Free-riding is a pattern of purchasing securities in accounts in which there were not sufficient funds to pay for the securities and which had no means of paying for the shares except through the sale of the same shares. Without admitting or denying the allegations in the Commission's Complaint, Savla has agreed to be permanently enjoined from violating the antifraud and credit extension provisions of the federal securities laws. The Commission also sought disgorgement but it has been waived in view of Savla's demonstrated financial inability to pay. Savla has also agreed to be barred from the securities industry. The Complaint alleges that during June and July 1996, Savla purchased 58,000 shares of Palomar Medical Technologies, Inc. stock and 18,000 shares of Atmel Corporation stock in nominee accounts at a cost of more than $1.25 million, without any intention or ability to pay for the purchases. Savla lied about the nominees' financial, employment and investment background, and created the false impression that they could afford to purchase large amounts of securities on a cash basis. The free- riding scheme collapsed when, after several successful free rides, the price of the stock she purchased dropped before it could be sold, leaving approximately $162,000 in losses. In a related matter, the Commission instituted administrative and cease and desist proceedings against H.J. Meyers and Tobin J. Senefeld of Crestwood, Kentucky, the former branch manager of H.J. Meyers' Boston branch office and Savla's supervisor. The Commission's Order alleges that when Savla told Senefeld about her scheme and the profits that she had made, he participated in the free-riding scheme rather than stopping it. The Commission's Order alleges that Senefeld purchased an additional 30,000 shares of stock in nominee accounts at a cost of $364,825 without any intention or ability to pay for the purchases. Senefeld's trading left customer accounts with approximately $49,000 in losses. The Commission charged H.J. Meyers with failing reasonably to supervise Savla and Senefeld. The Order alleges that H.J. Meyers received indications of possible free-riding in its Boston branch office but failed to investigate or take any action. The Commission also charged H.J. Meyers with failing to cancel or liquidate on a timely basis purchases of stock in accounts used by Savla and Senefeld for free-riding.