U.S. Securities and Exchange Commission LITIGATION RELEASE NO. 15376 \ May 29, 1997 SEC v. Ted Harold Westerfield, 94 Civ. 6997 (JSM), U.S. District Court, Southern District of New York The Commission today announced that on May 23, 1997, the Honorable John S. Martin, U.S.D.J. issued an opinion and order granting the Commission s motion for summary judgment against Defendant Ted Harold Westerfield. The Court determined that Westerfield violated antifraud provisions of the securities laws by engaging in a commission kickback scheme. Westerfield, a broker with Gruntal & Co., agreed to kick back a portion of commissions he earned on the purchase and sale of high yield bonds ordered by Albert Griggs, Jr., a bond analyst and assistant portfolio manager with Keystone Custodian Funds, Inc. The Commission had charged that the scheme defrauded both Keystone and its mutual fund investors, because its purpose was to enrich Westerfield and Griggs rather than obtain best execution of transactions for the Keystone investors. Keystone investors also were defrauded in that they were not informed that Keystone, in exercising its investment advisory function, had agreed to execute purchases and sales of high yield bonds for Keystone's account through Westerfield, pursuant to his undisclosed kickback arrangement with Griggs. The Court held Westerfield liable for disgorgement of $210,931, representing commissions he received as a result of his agreement with Griggs, together with prejudgment interest of $133,896, for a total of $344,827. The Court also determined that Westerfield should be enjoined from violating Section 10(b) of the Securities Exchange Act of 1934 [15 U.S.C. 78j(b)] and Rule 10b-5 thereunder [17 C.F.R. 240.10b-5]; Section 204 of the Investment Advisers Act of 1940 [15 U.S.C. 80b-4] and Rule 204- 1 thereunder [17 C.F.R. 275.204.1]; and Section 17(e)(1) of the Investment Company Act of 1940 [15 U.S.C. 80a-17(e)(1)]. The Court based its determination on a jury verdict in a related criminal case, US v. Westerfield, 95 Cr. 219 (LMM). In that case, the Court sentenced Westerfield to 15 months of incarceration. The Court in the criminal case also directed Westerfield to pay restitution in the amount of up to a total of $105,465.50, according to a schedule. In the SEC s civil action, the Court stated that any amounts Westerfield actually pays toward this restitution may be offset against his disgorgement liability described above. ======END OF PAGE 1======