SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15406 / July 7, 1997 UNITED STATES v. BARRY L. KING (United States District Court for the District of Massachusetts C.A. No. 95-10220NMG) The Securities and Exchange Commission ("Commission") announced that, on July 1, 1997, Barry L. King ("King"), formerly of Wellesley, Massachusetts and presently residing in Boca Raton, Florida, was sentenced by the Hon. Nathaniel M. Gorton, United States District Court for the District of Massachusetts, to serve a term of 46 months in federal prison, followed by a three-year term of supervised release. In addition, Judge Gorton ordered King to pay restitution of $8,724,656 to defrauded investors, representing their losses as a result of a fraudulent mortgage pooling scheme. King was prohibited from incurring new credit charges or opening new lines of credit unless he is current in making restitution payments pursuant to a schedule to be determined by the U.S. Probation Office. King was also barred from seeking employment in a financial position that would incur third-party risk. On March 4, 1997, King pleaded guilty to 32 counts of mail fraud relating to a Ponzi scheme and one count of bankruptcy fraud for concealing his assets in a bankruptcy proceeding. The indictment alleged that, between late 1986 and 1989, King solicited over $11 million from former clients, many of whom were elderly, to invest their monies in secured mortgages in return for guaranteed interest payments. Contrary to his representations, King pooled the investor funds and loaned their money to non-creditworthy borrowers on distressed properties. The indictment also alleged that King kept his mortgage investment scheme afloat by using funds provided by new investors to repay principal and to make interest payments to existing investors. According to the indictment, King used the remaining investor funds to support his lavish lifestyle and to pay for gambling debts, family airline tickets, his daughter's wedding expenses, and interior design bills for his residence in Boca Raton, Florida and his summer house rental in the Hamptons, New York. In late 1989, as King's scheme began to collapse, King sent lulling letters to investors falsely reassuring them that their investments were safe. On December 3, 1986, the Commission barred King from the securities industry with a right, after three years, to reapply to become associated with a broker or dealer in a non-supervisory, non-proprietary capacity. The bar stemmed from King's 1984 conviction on state charges of insurance fraud. On September 28, 1990, the Commission filed an injunctive action alleging that King violated various registration and antifraud provisions of the Securities Act, Exchange Act and Advisers Act in connection with the scheme set forth in the indictment. In December 1990, King was enjoined from further violations of these provisions, ordered to comply with the terms of the 1986 Commission bar order and ordered to make restitution to investors. In addition, investor monies and assets were transferred to a ======END OF PAGE 1====== special agent appointed by the Court for purposes of liquidation and the return of all available funds to investors. On March 8, 1991, the court granted the Commission's further application for an Order permanently prohibiting King from transferring or disposing of assets in excess of ordinary and necessary living expenses and, upon application of the special agent, ordered Wellesley Mortgage Corporation, an entity formerly controlled by Barry King, to file for bankruptcy. The Commission staff assisted the New England Bank Fraud Task Force of the Department of Justice in its criminal investigation of King. For further information, see Exchange Act Release Nos. 23862 and 33167, and Litigation Release Nos. 12670, 12738, 12808, 14574 and 15290. ======END OF PAGE 2======