==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE No. 15268 / February 27, 1997 SECURITIES AND EXCHANGE COMMISSION v. MICHAEL ANTHONY PIERCE, ET AL. (United States District Court for the District of Massachusetts, Civil Action No. C-96-10600-RCL) The Securities and Exchange Commission ("Commission") announced today that, on February 21, 1997, a Final Judgment of Permanent Injunction and Other Relief ("Final Judgment") was entered against Michael Anthony Pierce ("Pierce"), of Worcester, Massachusetts, by United States District Judge Reginald C. Lindsey, District of Massachusetts. The Final Judgment permanently enjoins Pierce from violations of various antifraud provisions of the federal securities laws. Pierce consented to the entry of the Final Judgment without admitting or denying any of the substantive charges against him. As detailed in its complaint, which was filed on March 21, 1996, the Commission charged Pierce, a registered investment advisor, with converting and dissipating over $1.7 million entrusted to him by twenty-three of his investment advisory clients and securities brokerage customers for investment in securities. The Commission has further alleged that, to conceal his scheme, Pierce generated and sent to the defrauded investors false account statements and other false documents. The Commission alleged that the scheme commenced no later than January 1990 and continued until at least December 1995. Also charged in the scheme was Pierce's associate, Jocelyn Jane O'Rourke of Worcester, Massachusetts, against whom the litigation is still pending. The Final Judgment permanently enjoins Pierce from violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and Sections 206 (1) and (2) of the Investment Advisers Act of 1940. The Final Judgment does not require Pierce to disgorge his illegal gains in light of a restitution order entered against him in a criminal action based on substantially the same facts alleged by the Commission. The Final Judgment also does not require Pierce to pay a civil monetary penalty on the basis of his demonstrated financial inability to pay. Pierce presently is serving a fifty seven month prison term arising from his plea of guilty to twenty counts of mail fraud and other charges in the related criminal proceeding. Pierce's sentence also included an order requiring him to pay restitution of approximately $2.25 million. See prior Litigation Release Nos. 14855 (March 25, 1996), 14869 (April 10, 1996), and 14889 (April 24, 1996).