==========================================START OF PAGE 1====== U.S. SECURITIES AND EXCHANGE COMMISSI0N Litigation Release No. 15051 / September 17, 1996 Accounting and Auditing Enforcement Release No. 815 / September 17, 1996 SECURITIES AND EXCHANGE COMMISSION v. DUANE V. MIDGLEY, Civil Action No. 2:96CV-0783G (D. Utah). The Securities and Exchange Commission ("Commission") announced the filing of a Complaint on September 16, 1996 in the United States District Court for the District of Utah against Duane V. Midgley, a certified public accountant from Salt Lake City, Utah. The Complaint alleges, among other things, that in December 1991, Midgley issued materially false and misleading audit reports on the initial balance sheets of two new mutual funds known as Public Funding Portfolios, Inc. and American Vision Funds, Inc. (collectively, the "Funds"). Midgley falsely represented in his audit reports that (1) the Funds' balance sheets were presented fairly in conformity with Generally Accepted Accounting Principles; and (2) he had conducted his audits in accordance with Generally Accepted Auditing Standards. In fact, contrary to what was shown on the Funds' balance sheets, the Funds had not been capitalized and did not own any tangible assets. Midgley's false audit reports were filed with the Commission in the Funds' Investment Company Act registration statements. The Commission's Complaint seeks a permanent injunction and civil monetary penalties against Midgley based on his violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and Section 34(b) of the Investment Company Act of 1940. The Commission's action against Midgley is the second action filed in Salt Lake City concerning the Funds. On September 29, 1995, the Commission brought an action in the United States District Court for the District of Utah against seven defendants who allegedly operated the Funds for fraudulent purposes. That Complaint alleged that those defendants became shareholders of the Funds by selling grossly overvalued securities with a purported value of $165 million to the Funds. After infusing the overvalued assets into the Funds, the seven defendants misrepresented material facts to brokerage firms concerning, among other things, the net asset values for the Funds' shares and the liquidity of the Funds' assets while attempting to use the grossly overvalued shares of the Funds as collateral for margin loans. Securities and Exchange Commission v. Michael Carnicle, Michael Hansen, William Straughan, Randy Glad, Lionel Reifler, Howard Ray and Arie From, Civil Action No. 1:95CV-0110C ==========================================START OF PAGE 2====== (D. Utah). See LR Nos. 14669 (October 2, 1995) and 14946 (June 6, 1996). - 2 - The Funds were based in Los Angeles, California prior to their dissolution by court order on March 31, 1992 in an action brought by the Commission. Securities and Exchange Commission v. Public Funding Group, Inc., V. Thayne Whipple II, American Vision Funds, Inc. and Public Funding Portfolios, Inc., Civil Action No. 92-1646 WDK (EEx) (C.D. Cal.). See LR Nos. 13192 (March 17, 1992) and 13374 (September 22, 1992). ==========================================START OF PAGE 3====== U.S. SECURITIES AND EXCHANGE COMMISSI0N PACIFIC REGIONAL OFFICE LOS ANGELES, CALIFORNIA FOR IMMEDIATE RELEASE NEWS DIGEST COMPLAINT FOR PERMANENT INJUNCTION AND OTHER RELIEF FILED AGAINST DUANE V. MIDGLEY, C.P.A. The Commission announced the filing of a Complaint on September 16, 1996 in the United States District Court for the District of Utah against Duane V. Midgley, a certified public accountant from Salt Lake City, Utah. The Complaint alleges, among other things, that in December 1991, Midgley issued materially false and misleading audit reports on the initial balance sheets of two new mutual funds known as Public Funding Portfolios, Inc. and American Vision Funds, Inc. Midgley falsely represented in his audit reports that (1) the Funds' balance sheets were presented fairly in conformity with Generally Accepted Accounting Principles; and (2) he had conducted his audits in accordance with Generally Accepted Auditing Standards. In fact, contrary to what was shown on the Funds' balance sheets, the Funds had not been capitalized and did not own any tangible assets. Midgley's false audit reports were filed with the Commission in the Funds' Investment Company Act registration statements. The Commission's Complaint seeks a permanent injunction and civil monetary penalties against Midgley based on his violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and Section 34(b) of the Investment Company Act of 1940. Securities and Exchange Commission v. Duane V. Midgley, Civil Action No. 2:96CV-0783G (D. Utah) (L.R. No. _____). Dennis Arnold Pacific Regional Office (213) 965-3852