-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE LITIGATION RELEASE NO. 14781 / January 16, 1996 SECURITIES AND EXCHANGE COMMISSION v. WAYNE T. DRINKWINE, 96 Civ. 0182 (JH) (MO), (E.D.N.Y.) NEW YORK -- The Securities and Exchange Commission ("Commission") announced the filing of a Complaint today in the United States District Court for the Eastern District of New York against financial adviser Wayne T. Drinkwine ("Drinkwine"), age 44, of Eastport, New York, alleging fraud in violation of the federal securities laws. The Commission's Complaint alleges as follows: From March 1990 through March 1995, Drinkwine, while working as a financial adviser and registered representative, fraudulently solicited at least five of his school teacher clients to invest an aggregate of approximately $450,000 in non-existent securities he described as "unit trusts." Drinkwine's clients were current and retired school teachers from Long Island who maintained investment accounts that contained their retirement funds. Drinkwine made various material misrepresentations and omissions concerning the "unit trust," including: (a) falsely guaranteeing investors a 10% annual return on their investments in the "unit trust;" (b) falsely representing that all principal invested in the "unit trust" was guaranteed and not at risk; and (c) falsely representing that the "unit trust" would invest in real estate. Instead of investing his clients' funds as promised, Drinkwine secretly diverted approximately $420,000 into his personal bank accounts and misappropriated such funds for his personal benefit. In furtherance of his scheme, Drinkwine sent his clients: (a) letters purporting to confirm their investments in the "unit trust," which also contained false promises to pay 10% annual interest and to repay all principal; and (b) written account statements which purported to reflect the investments in the "unit trust." In addition, Drinkwine used approximately $30,000 of investors funds to make sporadic interest payments to his victims in order to conceal and perpetuate his fraudulent scheme. The Complaint alleges that Drinkwine 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 and seeks to enjoin him from future violations of these provisions. The Complaint also seeks disgorgement plus prejudgment interest, civil penalties, and an accounting.