SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15310 / March 31, 1997 SEC v. Robert D. Gersh, et al., Civil Action No. 95-12580 (RCL) (D. Massachusetts, filed November 29, 1995). The Commission announced that, on March 20, 1997, the Honorable Reginald C. Lindsay of the U.S. District Court for the District of Massachusetts enjoined Robert D. Gersh ("Gersh"), Boston Municipal Securities, Inc. ("BMS") and Devonshire Escrow and Transfer Corp. ("Devonshire") from further violations of certain antifraud provisions of the securities laws. The complaint, filed on November 29, 1995, alleged that the defendants had conducted a fraudulent offering of $14 million in securities in the form of certificates of participation ("COPs"). Gersh, BMS and Devonshire consented to the injunctive orders without admitting or denying the complaint's allegations. Gersh was also ordered to disgorge $7,451,935, plus prejudgment interest thereon, provided, however, that payment of $5,949,185 of such amount, plus the prejudgment interest, was waived based on his demonstrated inability to pay. The complaint alleged that from early 1990 to the present, Defendant Gersh and two of his wholly-owned corporate entities, Defendants BMS and Devonshire, offered and sold COPs in 34 securities offerings which raised approximately $14 million from investors in at least six states. In connection with the offer and sale of these securities, the complaint alleged that the defendants made numerous misrepresentations and omissions of material facts and misappropriated over $7 million in investor funds. The complaint alleged violations of the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder and Section 17(a) of the Securities Act of 1933 and sought a temporary restraining order, preliminary and permanent injunctions, disgorgement, civil monetary penalties and an asset freeze and other equitable relief. On November 30, 1995, the Court issued a temporary restraining order and asset freeze against the defendants. In addition, on December 11, 1995, the Court granted the Commission's motion for appointment of a receiver to take control of the assets of the corporate and relief defendants, and those assets are being operated by the receiver for the benefit of investors. On January 12, 1996, after a hearing, Judge Lindsay granted the Commission's request for a preliminary injunction against the defendants. (For further information, See Litigation Release Nos. 14742 and 14785)