==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15354 / April 29, 1997 SECURITIES AND EXCHANGE COMMISSION v. GARY J. DIVALL AND PAUL E. MAGNUSON, (W.D. WIS., CIVIL ACTION NO. 96-C-0634-S, FILED AUGUST 2, 1996) The Securities and Exchange Commission today announced that on April 10, 1997 the United States District Court for the Western District of Wisconsin, in Madison, entered a Final Judgment and Order of Permanent Injunction (Order) against Gary J. DiVall and Paul E. Magnuson. The Order enjoins DiVall and Magnuson from future violations of Sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Securities Act of 1933, and Sections 10(b), 13(a) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5, 12b-20, 13a-1, 13a-11, 13a-13, 13b2-1 and 13b2-2 thereunder. DiVall and Magnuson each consented to the entry of the Order without admitting or denying the allegations in the Commission's Complaint. The Commission's Complaint, filed on August 2, 1996, alleged that, between 1988 and 1992, as general partners of three public partnerships (the DiVall Funds), DiVall and Magnuson made misrepresentations and omissions of material fact to investors and the Funds' auditors concerning their personal use of over $2.6 million that they had misappropriated from the DiVall Funds. The Complaint also alleged that DiVall and Magnuson failed to keep adequate books and records reflecting their use of those investor funds and, as controlling persons of the DiVall Funds, caused the filing of false and misleading periodic reports with the Commission.