SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15930 / October 5, 1998 SECURITIES AND EXCHANGE COMMISSION v. JOHN M. TOAL (United States District Court for the District of Connecticut, Civ. No. B-87- 338-WWE) The Commission announced that Judge Warren Eginton issued an Order of Civil Contempt holding defendant John M. Toal, a resident of Old Greenwich, Connecticut, in civil contempt of a previously-entered permanent injunction. The injunction enjoined Toal from "free riding," or purchasing securities with the proceeds from the sale of those same securities, in violation of Exchange Act Section 7(f) and Federal Reserve Board Regulations T and X. The Contempt Order bars Toal from trading securities through brokerage accounts known as delivery-vs.-payment ("DVP") and receipt-vs.-payment ("RVP") accounts. In his DVP and RVP accounts, Toal used a bank as an intermediary to settle securities transactions rather than deal directly with brokerage firms. By using DVP and RVP accounts, Toal was able to trade securities in amounts that greatly exceeded the amount of money he had. Toal consented to the entry of the Order of Civil Contempt, which was entered on September 25, 1998. The Commission's Motion for an Order holding Toal in contempt alleged that Toal formed a partnership to trade in securities shortly after he was permanently enjoined, in 1987, from free riding. That partnership, called St. Paul Management, regularly traded millions of dollars of securities each month. St. Paul Management frequently sold stock through different brokers than the ones used to purchase that stock, and used banks as intermediaries to settle stock trades.