UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15421 / July 24, 1997 SECURITIES AND EXCHANGE COMMISSION V. SOUTHWEST INCOME TRUST, ET AL., Civil Action No. 97-0953 PHX RCB The Securities and Exchange Commission ("Commission") announced that on July 11 and July 21, 1997, the Honorable Robert C. Broomfield, United States District Judge, issued Judgments respectively against an Arizona accountant, Steven Robert Shoop ("Shoop"), and a California attorney, Anthony Ghirardello Marriott, for their roles in a $10.7 million scheme involving the fraudulent sale of investments in a Treasury securities trading program. The Commission alleges in its Complaint that the defendants, including Shoop and Marriott, raised the $10.7 million from approximately 149 investors in Arizona and California through the sale of interests in investment trusts ("Trusts") and other programs. The defendants represented to investors that: investor funds would only be used to purchase and trade Treasury securities; investors would receive 1% per month in profits from trading Treasury securities; if the 1% monthly return from trading profits were not achieved, investors' funds would be returned; and only after payment of the 1% monthly return, would the trustees of the Trusts, sales agents, and others be paid from excess trading profits. The Complaint further alleges that contrary to these representations, the defendants operated a Ponzi-like scheme that paid investors their 1% monthly return from other investors' funds, failed to return investors' funds after suffering large trading losses, misappropriated investor funds for their personal benefit, and transferred over $3 million of investor funds to Bahamian bank accounts. The Judgment against Shoop permanently enjoins him from future fraud and registration violations of the federal securities laws. Specifically, the Judgment enjoins Shoop from future violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act"), Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder. The Judgment also continues a freeze on Shoop's assets until further order of the Court. The Judgment additionally orders that Shoop shall pay disgorgement, prejudgment interest and, if appropriate, civil penalties in amounts subsequently to be determined by the Court. Shoop consented to the entry of the Judgment without admitting or denying the Commission's allegations. The Judgment against Marriott permanently enjoins him from future fraud violations of the federal securities laws. Specifically, the Judgment enjoins Marriott from future violations of Section 17(a) of the Securities Act, Section 10(b) of the - 2 - ======END OF PAGE 1====== Securities Exchange Act and Rule 10b-5 thereunder. The Judgment also continues a freeze on Marriott's assets until further order of the Court. The Judgment additionally orders that Marriott shall pay disgorgement, prejudgment interest and, if appropriate, civil penalties in amounts subsequently to be determined by the Court. Marriott consented to the entry of the Judgment without admitting or denying the Commission's allegations. On May 5, 1997, the Commission obtained a temporary restraining order against Shoop and Marriott to freeze their assets to protect investor funds. The other defendants to the Commission's action are: Southwest Income Trust; Advantage Income Trust; and Investors Trading Trust; Palo Verde 136, Inc.; Advantage Marketing Group, Inc.; Charles D. Brown; FLC Corporation; and Donn K. Phillips. All of these other defendants are located in Arizona. The Complaint alleges that all defendants violated Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The Complaint further alleges that the Trusts, Shoop, and Charles D. Brown sold unregistered securities in violation of Sections 5(a) and 5(c) of the Securities Act, and that the Trusts operated an unregistered investment company in violation of Section 7(a) of the Investment Company Act of 1940. The Commission acknowledges the cooperation and assistance provided in this matter by the Securities Division of the Arizona Corporations Commission. ======END OF PAGE 2======