==========================================START OF PAGE 1====== U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15259 / February 14, 1997 UNITED STATES OF AMERICA V. KENNETH J. SCHULTE, Defendant, (United States District Court for the Northern District of Ohio, Case No. 1:96CR305) The Securities and Exchange Commission (Commission) announced that on February 11, 1997, a federal District Court jury sitting in Cleveland, Ohio returned guilty verdicts on all counts of an indictment against Kenneth J. Schulte (Schulte) charging him with fraudulently offering and selling derivative securities to various municipalities and school districts in the State of Ohio. The Commission originally filed a Complaint for Preliminary and Permanent Injunction against Schulte on December 24, 1994 in the United States District Court for the Northern District of Ohio. Subsequently, an Order of Permanent Injunction by Default was entered against Schulte on April 16, 1996, along with an Order for Disgorgement in the amount of $398,787.62. The indictment charged Schulte with two counts of wire fraud, three counts of mail fraud and one count of securities fraud. The indictment alleged that Schulte engaged in a scheme to defraud various Ohio municipalities and school districts through the offer and sale of derivative securities, primarily Interest Only securities (IO's), by misrepresenting and failing to disclose the true nature and risks of these securities. Specifically, the indictment charged that Schulte, while a registered representative at Murchison Investment Bankers (Murchison) and Hart Securities Inc. (Hart) both of Houston, Texas, induced investors to purchase IOs and other derivative securities by offering attractive interest rates and convincing them that the security was guaranteed by the U.S. government and that their investment principal was not at risk. In reality, IOs are not guaranteed by the U.S. government or anyone else and the entire amount of an investor's principal is at risk. The indictment further charged that from January, 1990 through May, 1994 Schulte fraudulently offered and sold at least $39.4 million of these securities to various Ohio municipalities and school districts. As a result of Schulte's scheme to defraud, these investors incurred losses in excess of $6 million. The maximum penalty for each count of mail fraud and wire fraud is five years incarceration and $250,000 in fines. The maximum penalty for securities fraud is 10 years incarceration and $250,000 in fines.