-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14790 / January 23, 1996 SEC v. JAY DEFOREST MOORE and THE DEFOREST COMPANY, INC. (N.D. Ohio, 1:95 CV 0331, filed February 13, 1995) The Securities and Exchange Commission announced that on January 12, 1996, the United States District Court for the Northern District of Ohio issued a Final Order and Judgment (Final Order) against Defendants Jay DeForest Moore (Moore) and DeForest Company, Inc. (DCI). Moore and DCI consented, without admitting or denying the allegations in the Commission's Complaint, to the entry of the Final Order. In the Final Order, the Court set the amount of disgorgement owed by the Defendants at $826,021.63, plus interest, but waived payment of that amount based on the Defendants' demonstrated inability to pay. The Court previously had permanently enjoined Moore and DCI from violating the antifraud provisions of the federal securities laws. In its Complaint, filed on February 13, 1995, the Commission alleged that Moore and DCI violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, Rule 10b-5 promulgated thereunder, Sections 206(1), (2) and (4) of the Investment Advisers Act of 1940 and Rule 206(4)-2 promulgated thereunder. The Commission alleged that Moore misappropriated money from clients of DCI, a registered investment adviser which Moore controlled. The Complaint further alleged that Moore solicited clients of DCI to invest in DeForest Investors Inc. (DII). The Complaint also stated that Moore did not provide the investor's money to DII. Instead, Moore deposited the money into a DCI account and used the money to pay personal and business expenses and to pay investors who wished to withdraw money from DII. On February 13, 1995, without admitting or denying the allegations in the Complaint, Moore and DCI consented to the entry of an Order of Permanent Injunction (Injunction Order). The Injunction Order left open the amount of disgorgement owed by the defendants. The Final Order set that disgorgement amount at $826,021.63, and closed the case.