SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE No. 15443 / August 15, 1997 SECURITIES AND EXCHANGE COMMISSION v. WILLIAM F. KANE (IN RE KANE), (United States Bankruptcy Court for the District of Massachusetts, Adversary Proceeding No. 96-4425-JFQ). The Securities and Exchange Commission ("Commission") announced that on, August 11, 1997, in bankruptcy court, it was granted summary judgment determining that the disgorgement and prejudgment interest debt owed to the Commission by William F. Kane ("Kane") is not dischargeable in bankruptcy because it arose out of fraud. On April 5, 1994, the Commission filed a civil enforcement action in federal district court. On June 6, 1996, the Commission obtained a final judgment finding that Kane had violated the general antifraud provisions of the federal securities laws and ordering Kane to pay $122,670 in disgorgement plus prejudgment interest. Kane then filed for bankruptcy, seeking to have his debt for disgorgement and prejudgment interest discharged. The U.S. Bankruptcy Court for the District of Massachusetts, agreed with the Commission's arguments that Kane was precluded from relitigating the district court's findings and that Kane also was bound by certain admissions he made in a subsequent criminal proceeding against him. The bankruptcy court further held that those findings and admissions, taken together, were sufficient to establish all the elements of "fraud" within the meaning of Section 523(a)(2)(A) of the Bankruptcy Code, which excepts such debts from bankruptcy discharge. Because it ruled that Kane's debt was not dischargeable due to the fact that it arose from fraud, the bankruptcy court determined that it was not necessary to decide the Commission's second basis for claiming that Kane's debt was not dischargeable -- i.e., Section 523(a)(4) of the Bankruptcy Code, which excepts from discharge certain debts which arise from misuse of property by fiduciaries. For more information, see prior Litigation Release Nos. 14048, 14055, 14076, 14142, 14235, 14324, 14410, 14703 and 14697. ======END OF PAGE 1======