==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. Litigation Release No. 15318 / April 8, 1997 SECURITIES AND EXCHANGE COMMISSION V. THOMAS S. MACKIE, JR., PETER M. STANLEY, AND ANDREW S. FINK, United States District Court for the Eastern District of New York, 95 Civ. 4852 (JS). On March 26, 1997, Judge Joanne Seybert of the United States District Court for the Eastern District of New York entered a Final Judgment of Permanent Injunction as to Peter M. Stanley which permanently restrains and enjoins him from violating Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-5 promulgated thereunder. Based upon Stanley's demonstrated inability to pay, the judgment does not impose a civil penalty. Stanley consented to the entry of the Final Judgment without admitting or denying the allegations in the Complaint. On November 27, 1995, the Commission filed a Complaint in the United States District Court for the Eastern District of New York against Thomas S. Mackie, Peter M. Stanley, and Andrew S. Fink alleging violations of the antifraud provisions of the federal securities laws and, as to Stanley, seeking injunctive relief and civil penalties. The Complaint alleges that Mackie (with the assistance of Stanley and Fink) fraudulently obtained stock from the Bank of Keetoowah (a bank in Oklahoma), Sigma Alpha Entertainment Group, Ltd. (a Philadelphia record company), and Command Credit Corporation (a New York financial services company) by falsely stating that he represented a Liechtenstein trust named Stirling Trust and by misrepresenting the value of Stirling Trust's assets and, accordingly, its ability to pay for the securities. The Complaint alleges that Mackie was never authorized to represent Stirling Trust, which, in any case, lacked assets sufficient to pay for the securities Mackie acquired. The Complaint further alleges that Stirling Trust had been dissolved before Mackie received securities in any of the transactions with the three entities mentioned. The Complaint alleges that Stanley participated in Mackie's fraud on Command Credit by introducing Mackie to the principals of Command Credit and making false statements to them regarding Stirling Trust and its assets, Mackie's ability to act for Stirling Trust, and Mackie's success in engaging in similar transactions in the past. On November 27, 1996, the Court entered a default judgment against Mackie permanently enjoining him from violating Section 10(b) of the Exchange Act and Rule 10b-5 and Sections 5 and 17(a) of the Securities Act, and ordering him to pay a civil penalty of $100,000. On December 12, 1995, the Court entered a Final ==========================================START OF PAGE 2====== Judgment of Permanent Injunction against Fink (who provided Mackie with false and misleading financial statements for Stirling Trust) enjoining him from violating Section 10(b) of the Exchange Act and - 2 - Rule 10b-5. Now that judgment has been entered as to Stanley, the case has been resolved as to all defendants. Related Releases: Securities Act Release 7162, L.R. 14732, and L.R. 15179