UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15427 / August 1, 1997 SEC v. Robert L. Gray, 97 Civ. 5732 (LAK) (S.D.N.Y. August 1, 1997) The Commission announced that it filed a Complaint today in the federal district court in Manhattan, charging a convicted felon, who unlawfully acted as an unregistered investment adviser, with, among other things, misappropriating more than $139,000 of his advisory clients' funds, and with causing more than $1.2 million in losses to a brokerage firm by failing to pay for securities transactions that he had ordered. Named in the Complaint is: Robert L. Gray ("Gray"), age 49, whose last known residence is in Bellerose, New York. Gray was barred from the securities industry by the National Association of Securities Dealers in 1977, convicted in New York in 1989, and convicted in New Jersey in 1993, for misappropriation of funds. The Complaint alleges that, from in or about January 1993 through in or about June 1996, Gray, while acting as an unregistered investment adviser: (a) misappropriated over $139,000 from his advisory clients; (b) made material misrepresentations to clients concerning their investments to conceal his misappropriation; (c) engaged in free-riding at the expense of a registered broker-dealer through which Gray effected client trades; (d) failed to maintain required investment advisory records; (e) failed to furnish clients with required written disclosure statements; (f) entered into advisory contracts that unlawfully provided for performance-based compensation and did not prohibit assignment of the contracts without client consent; (g) failed to adhere to the rules governing treatment of client funds in an adviser's custody; and (h) failed to disclose his disciplinary and criminal history to his clients. As a result of the foregoing, the Commission alleges that Gray violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b- 5, and Sections 203(a), 204, 205(a)(1) and (2), and 206(1), (2) and (4) of the Investment Advisers Act of 1940, and Rules 204-2, 204-3, 206(4)-2 and 206(4)-4. The Commission seeks a final judgment permanently enjoining Gray from future violations of these provisions, ordering him to disgorge his ill- gotten gains, plus prejudgment interest, and ordering him to pay civil penalties. The litigation is pending. ======END OF PAGE 1======