UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15166 / November 25, 1996 Securities and Exchange Commission v. Hyannis Trading Advisors, Inc., et al. (D. Mass., No. 96-12367 (RCL)) The Securities and Exchange Commission ("Commission") announced today the filing of an injunctive action in the United States District Court for the District of Massachusetts, against Hyannis Trading Advisors, Inc. ("Hyannis Trading"), a registered investment adviser, Jeremiah J. Hegarty ("J. Hegarty"), its principal, and Michael P. Hegarty ("M. Hegarty"), J. Hegarty's brother, in connection with their fraudulent inducement of investors and subsequent losses of nearly all investor funds. The Complaint alleges that the defendants made materially false statements that induced over 150 persons to invest over $7 million in a trading program created by J. Hegarty for trading in Standard & Poor's 100 Index options. The Complaint alleges that, between October and December 1992, the defendants caused the loss of all but $1.1 million of client funds under management, and that these losses included losses in excess of account equity of over $650,000 in the accounts of 21 clients. The Complaint seeks permanent injunctions, disgorgement and civil penalties. The Complaint alleges that the Hegartys solicited clients for Hyannis Trading with materially misleading promotional materials and verbal statements that misrepresented the principal risk management features of the trading strategy and J. Hegarty's past trading performance. According to the Complaint, J. Hegarty and M. Hegarty, who was a registered representative of a broker- dealer at which most of Hyannis Trading's client accounts were maintained, represented that Hyannis Trading's program included trading safeguards -- such as risking only a portion of an account's equity, making infrequent trades, engaging in hedging strategies, and adhering to stop-loss instructions -- that would limit the risk of loss in client accounts. The Complaint alleges that, between October 1 and December 31, 1992, J. Hegarty and M. Hegarty disregarded these safeguards, and, without disclosure of the changed trading strategy to clients, dramatically increased the number, size, frequency and risk of the options trades. The Complaint alleges that the changed trading strategy resulted in the defendants' execution of unsuitable trades for many Hyannis Trading clients. In addition, the Complaint alleges that Hyannis Trading, J. Hegarty and M. Hegarty, variously, entered into investment advisory contracts charging performance fees to all clients, failed to file required annual reports with the Commission for 1994 and 1995, and failed to deliver Hyannis Trading's Form ADV Part II or a brochure equivalent, which are required disclosure documents, to clients. ==========================================START OF PAGE 2====== The Commission charged that Hyannis Trading violated, and J. Hegarty and M. Hegarty violated or aided and abetted violations of the antifraud provisions of the federal securities laws, and provisions and rules under Advisers Act governing performance fees, promotional materials, delivery of Form ADV to clients, and filing of other required reports; specifically, Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, Sections 204, 205, 206(1), 206(2) and 206(4) of the Advisers Act and Rules 204- 1(c), 204-2(a)(3), 204-2(a)(14), 204-3(c)(1) and 206(4)-1(a)(5) thereunder. ==========================================START OF PAGE 3======