==========================================START OF PAGE 1====== U.S. SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15005 / August 7, 1996 Securities and Exchange Commission v. Kimberly D. Goodman, Civil Action No. 96-749 (LHM) (EEx) (C.D. Cal.) (Aug. 6, 1996); On August 6, 1996, the Commission announced that it filed and settled various legal proceedings against Refco Securities, Inc., a brokerage firm in New York City, and three of its former employees for their role in the massive investment advisory fraud committed by the former California money manager, Steven D. Wymer. In settling this matter with the Commission, Refco will pay $3,500,000. Of that amount, $3,250,000 will be paid to Wymer's defrauded clients and $250,000 will be paid as a civil penalty. These proceedings conclude the Commission's investigation of Wymer and his investment advisory business. Wymer, who is currently serving a seven year prison sentence for securities and mail fraud, at one time managed over $1 billion in assets for approximately 65 clients, many of whom were municipalities located in California, Iowa and Colorado. From 1987 through 1991, Wymer perpetrated a series of schemes that resulted in 17 of his clients losing more than $80 million. As part of their investment advisory relationship with Wymer, these 17 clients held brokerage accounts at Refco. The proceedings brought by the Commission include a lawsuit filed in federal court in Los Angeles against one of the former Refco employees, Kimberly D. Goodman. In that lawsuit, the Commission charged Goodman with acting as Wymer's accomplice and participating in a scheme to conceal his misappropriation of more than $80 million from client accounts at Refco. In exchange for her complicity, Wymer paid Goodman approximately $183,000 in cash and bestowed on her approximately $130,000 in luxury gifts, including a $60,000 Jaguar convertible, a Mercedes Benz and a Rolex watch. In its complaint, the Commission alleged, among other things, that between July 1988 and November 1991, Goodman lied to Wymer's clients and their auditors about the amount of cash and securities they had in their accounts at Refco. For instance, Goodman signed at least 20 audit confirmation letters verifying fictitious account balances to the auditors of Wymer's clients. In those letters, Goodman stated that the clients had balances ranging from $400,000 to $75,000,000, when in fact the clients' balances were often near zero. Goodman agreed to settle this matter by consenting to an injunction, without admitting or denying the allegations in the Commission's complaint, that will enjoin her from committing future violations of the antifraud provisions of the federal securities laws. She also agreed to be barred from the securities industry. ==========================================START OF PAGE 2====== In addition, the Commission brought administrative proceedings against two other former Refco employees, Douglas L. Blair and Robert J. Dantone. In those proceedings, the Commission found that Blair and Dantone processed transactions that resulted in Wymer's theft of approximately $2.9 million from his advisory clients. Between August 1987 and May 1988, Wymer instructed Blair and Dantone to divert to him between 20% and 90% of the profits from certain options transactions executed on behalf of Wymer's clients. Wymer told Blair and Dantone that these payments represented advisory fees purportedly owed to him by these clients. These "fees" were deducted from each transaction in such a way that the clients could not tell that Wymer was stealing a portion of their profits. Further, the trade confirmations provided by Refco to the clients reported false prices, effectively concealing Wymer's theft. In settling this matter with the Commission, Blair consented to an order to cease-and-desist from committing or causing investment advisory fraud. Dantone consented to an order to cease-and-desist from causing broker-dealer books and records violations. Refco also consented to an order to cease-and-desist from violating the books and records and transaction confirmation provisions of the federal securities laws. Further, the Commission found that Refco failed to have adequate compliance procedures and failed reasonably to supervise Goodman. In addition to the payment of $3,500,000 to settle this matter with the Commission, Refco was censured and also agreed to establish certain compliance procedures and to retain an independent consultant to review its systems and procedures. Refco, Blair and Dantone all consented to the above relief without admitting or denying the findings in the Commission orders.