UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15430 / August 4, 1997 Securities and Exchange Commission v. Emmanuel A. Lagpacan, John A. Moreno and Kubasaki Associates, Inc., Civil Action No. C97-2849-CW (N.D. Cal.) The Securities and Exchange Commission announced today that it has obtained a preliminary injunction freezing the business assets of an East Bay investment adviser sued by the Commission in federal court for defrauding his clients out of $4.4 million. The Commission alleges in a lawsuit filed Friday that Defendant Emmanuel Lagpacan, of Lafayette, California, fraudulently offered and sold approximately $4.4 million in phony securities to 73 of his clients between January 1990 and at least February 1997. The victims included Lagpacan's advisory clients as well as his clients from an earlier job as a stockbroker. Lagpacan operates his investment advisory business under the name Money Matters, Financial Consultants & Accountants ("Money Matters"), in Walnut Creek, California. He previously was a registered representative at a local office of Waddell & Reed, Inc. ("Waddell"), a registered broker- dealer. Also named as Defendants are a real estate company owned by Lagpacan called Kubasaki Associates, Inc. ("Kubasaki"), Lagpacan's assistant, John R. Moreno of Walnut Creek, and a real estate partnership run by Moreno called Diablo Asset Development LP ("DAD"). The complaint alleges that Lagpacan convinced clients to redeem their investments in mutual funds, annuities and other financial products and to invest the proceeds in purportedly low-risk, government-insured investments supposedly issued by Diablo Advisory Services ("Diablo"). In reality, Diablo was nothing more than a fictitious business name for Kubasaki. Instead of placing the Diablo investors' money in safe investments, Lagpacan deposited it into Kubasaki's checking accounts and used it to purchase real property in Kubasaki's name. Lagpacan defrauded other clients while at Waddell by falsifying brokerage account documents in order to transfer clients' money, without their knowledge, from reputable mutual funds into his real estate company's bank accounts. Lagpacan and Kubasaki were aided and abetted by Moreno. Lagpacan still owes at least $3.2 million to approximately 50 investors located in California, Hawaii and four other states, according to the complaint. In recent months, according to the complaint, Lagpacan has begun selling the properties purchased with investor funds and distributing the proceeds unfairly to a small number of favored clients. More than 40 other clients have received no payments, according to the complaint. Lagpacan has also been lying to clients to cover up his earlier fraudulent - 2 - acts, the complaint alleges. ======END OF PAGE 1====== The preliminary injunction, which was issued Friday by Judge Claudia Wilken, of the United States District Court for the Northern District of California, freezes Lagpacan's business assets and Kubasaki's assets, appoints a temporary receiver to oversee Kubasaki, orders all Defendants to cease violating the law, and other relief. All of the defendants consented to the entry of the preliminary injunction without admitting or denying the allegations of the complaint. Defendants Lagpacan and Kubasaki are charged with violating Section 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, and Moreno is charged with aiding and abetting the violations of Section 10(b) and Rule 10b-5. Lagpacan is also accused of violating Sections 206(1), 206(2) and 206(4) of the Investment Advisers Act of 1940, and Rules 206(4)-2 and 206(4)-4(a)(1) thereunder. DAD is named as a relief Defendant from which the Commission seeks to recover $130,000 in money received by DAD that came from Lagpacan's defrauded clients. The complaint seeks a permanent injunction, disgorgement of ill-gotten gains, civil penalties, and other relief. ======END OF PAGE 2======