==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15276 / March 7, 1997 SECURITIES AND EXCHANGE COMMISSION V. FIRST INTERREGIONAL ADVISORS CORPORATION, FIRST INTERREGIONAL EQUITY CORPORATION, AND RICHARD GOETTLICH, CIVIL ACTION NO. 97-1144 (MTB) (D.N.J.) On March 6, 1997, the Commission filed a Complaint in U.S. District Court for the District of New Jersey alleging that a New Jersey broker-dealer, an unregulated affiliate, and their president fraudulently obtained approximately $50 million in connection with an ongoing Ponzi scheme involving the offer and sale of revenue streams of equipment leases. Named as defendants in the Complaint are: First Interregional Advisors Corporation ("FIAC"), a New Jersey corporation located in Millburn, New Jersey, which is engaged in the finance and distribution of equipment lease contracts in which federal and municipal government entities typically are the lessees. First Interregional Equity Corporation ("FIEC"), a registered broker-dealer located in Millburn, New Jersey at the same premises as FIAC. Richard Goettlich ("Goettlich"), 41 years old and a resident of Mendham, New Jersey, who is the president of FIAC and FIEC. In its Complaint, the Commission seeks a temporary restraining order, a preliminary and permanent injunction, disgorgement and civil penalties against all defendants. As additional equitable relief against all defendants during the pendency of this action, the Commission also seeks an asset freeze, the appointment of a temporary receiver for the corporate defendants, and an order prohibiting the destruction of documents. Also on March 6, 1997, the United States District Court for the District of New Jersey issued an order: (1) temporarily restraining FIAC, FIEC, and Goettlich from committing securities fraud; (2) freezing the assets of the defendants (except the assets of FIAC, which had filed for bankruptcy); (3) appointing Richard W. Hill, Esq., as a temporary receiver for FIAC and FIEC; (4) prohibiting the defendants from destroying documents; and (5) directing the defendants to provide an accounting. The Complaint alleges as follows: From 1992 to the present, FIAC has been engaged in the financing and servicing of equipment lease contracts which it purports to sell to individual investors. In exchange for an upfront payment, investors are ==========================================START OF PAGE 2====== told they have acquired a particular lease, or a group of leases, with a specific government subdivision. FIAC promises the - 2 - investors a stream of specified monthly payments consisting of principal and interest over the period of the lease. FIAC has purported to sell these leases to at least 1700 investor accounts. In fact, most of these investor accounts unknowingly purchased a lease assignment that had already been sold to another investor. In furtherance of the scheme, FIAC, FIEC, through which the leases are retailed to investors, and Goettlich made material misrepresentations to investors including 1) that investors were acquiring all rights, title and interest in bona fide equipment lease obligations; 2) that the obligations acquired by investors were obligations of federal or state agencies and subdivisions and thus backed by the creditworthiness of a government lessee; and 3) that interest payments on the lease assignments were tax exempt. The defendants also failed to disclose that because FIAC had insufficient receivable streams to back its sales to investors, FIAC's ability to continue making ongoing payments to investors turned in part on its ability to continue raising money from investors or from other borrowing. In its Complaint the Commission alleges that FIAC, FIEC, and Goettlich violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder. The Commission also alleges that FIEC violated Section 15(c) of the Exchange Act and Rule 15c1-2. The litigation is pending.