==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15224 / January 22, 1997 SECURITIES AND EXCHANGE COMMISSION v. WILLIAM P. DILLON, No. 96- 11265-RGS (D. Mass. filed June 19, 1996). The Commission announced that on December 23, 1996, the Honorable Richard G. Stearns of the U. S. District Court for the District of Massachusetts (the "Court") issued a Final Judgment of Permanent Injunction against William P. Dillon ("Dillon"). Dillon, who consented to this order without admitting or denying the allegations in the complaint, was enjoined from further violations of the antifraud provisions contained in Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Dillon also was barred from maintaining any interest in any margin account and from purchasing or selling securities on margin and ordered to disgorge $235,498.94, plus prejudgment interest thereon. This amount represents losses Dillon avoided by failing to pay margin debits at five broker-dealer firms. The complaint, filed on June 19, 1996, alleged that Dillon deceived several broker-dealers by conducting a fraudulent margin trading scheme. On July 2, 1990, Dillon, as a result of a prior Commission enforcement action, was barred by the Court for a period of five years from maintaining a margin account and from trading on margin. The complaint alleged that Dillon, in order to avoid this restriction, opened margin accounts at five broker- dealers in January 1995 using the name and social security number of a maintenance man he employed. Dillon also submitted inflated net worth and income figures to the broker-dealers in order to induce the firms to open margin accounts. Between January and June 1995, Dillon deposited his own funds into the five accounts and, by impersonating the maintenance man, engaged in hundreds of securities transactions. The Commission's complaint alleged that Dillon made the trades without an intention or the means to pay for the trades if large losses resulted. In June 1995, Dillon's scheme unraveled when he placed two orders, each to sell 100 call options contracts, for the common stock of Lotus Development Corporation ("Lotus") without owning either the call options or the underlying Lotus stock. On June 5, 1995, International Business Machines announced a tender offer for all of the outstanding stock of Lotus, causing a substantial rise in the price of Lotus. Dillon, who became obligated to purchase 20,000 shares of Lotus stock to cover his option position, sustained a loss of approximately $450,000. Dillon did not have sufficient funds to purchase the necessary Lotus stock. Consequently, the broker-dealer through which Dillon had purchased the call options became obligated to make the purchase and suffered a loss of approximately $219,000. ==========================================START OF PAGE 2====== - 2 - On June 18, 1996, Dillon was indicted on charges of mail fraud, criminal contempt and deceptive use of a social security number in connection with the same conduct alleged in the Commission's action. On October 1, 1996, Dillon entered a guilty plea to the criminal charges. United States v. Dillon, No. 96- 10170-PBS (D. Mass. filed June 18, 1996). (For further information, See Litigation Release No. 14950).