SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15459 / August 26, 1997 SEC v. Biltmore Securities, Inc., et al., No. 93-6837 (S.D. Fla.) The Commission announced that on August 11, 1997, the Honorable Jose Gonzalez, United States District Judge for the Southern District of Florida, entered a final judgment ("final judgment"), by consent, against registered representatives Robert Alan Denton ("Denton"), Jeffrey Peter Morrison ("Morrison"), Lee Michael Rough ("Rough"), Marc David Siden ("Siden") and Kenneth Thomas Tripoli ("Tripoli") (collectively "Defendants"), all currently or formerly associated with registered broker- dealer Biltmore Securities, Inc. ("Biltmore"). The final judgment enjoins Tripoli from future violations of the anti- fraud provisions of the securities laws, and orders all five Defendants jointly and severally to disgorge approximately $572,000, representing commissions received in connection with Defendants' alleged violative conduct, and to pay prejudgment interest thereon totalling approximately $85,000. The final judgment also orders the Defendants individually to pay civil money penalties as follows: (a) Tripoli to pay $100,000; (b) Rough to pay $75,000; (c) Denton to pay $75,000; (d) Morrison to pay $75,000; (e) Siden to pay $50,000. The Commission's amended complaint, filed in October 1994, alleged violations of Section 17(a) of the Securities Act of 1933 ("Securities Act"), and Sections 10(b) and 15(c) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rules 10b-5, 10b-6 and 15c1-2, thereunder. Specifically, the Commission alleged that the Defendants were violating the anti-fraud provisions by (a) making price predictions without a reasonable basis with regard to certain securities, (b) recommending the purchase of those securities while omitting to disclose material negative information, and (c) effecting unauthorized transactions in the accounts of certain of Biltmore's customers. The amended complaint also alleged that Defendants attempted to induce and did induce other persons to purchase securities in initial public offerings before Defendants completed their participation in such distributions. In a related proceeding, the Commission announced that it had instituted and simultaneously settled public administrative and cease-and- desist proceedings against the five registered representatives. The Order Instituting Public Administrative and Cease-and-Desist Proceedings, Making Findings and Imposing Remedial Sanctions and Cease-and-Desist Order ("Order") found that all five willfully violated Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act, and Rules 10b-5 and 10b-6 thereunder, as well as aided and abetted violations by Biltmore of Section 15(c) of the Exchange Act and Rule 15c1-2, thereunder. Pursuant to their Offers of Settlement, each representative agreed to be barred or ======END OF PAGE 1====== suspended as follows: (a) Tripoli to be barred with no right to reapply; (b) Rough to be barred provided that he may reapply after 3 years; (c) Denton to be barred provided that he may reapply after 2.5 years; (d) Morrison to be barred provided that he may reapply after 2 years; (e) Siden to be suspended for twelve months. All (except Tripoli, who is subject to the civil injunction described above) also consented to cease-and-desist orders. ======END OF PAGE 2======