U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15461 / August 27, 1997 SECURITIES AND EXCHANGE COMMISSION v. FRANK A. M. LUCA, RUDY CROSSWELL, and PAULA G. DEN BOER, Civil Action No. CV-97-1813-PHX-EHC (D. Az.) The Securities and Exchange Commission ("Commission") announced that on August 27, 1997 it sued Frank A. M. Luca, age 53, of Scottsdale, Arizona, for fraud, and sued Luca and two of his sales agents, Rudy Crosswell, age 49, of Scottsdale, Arizona, and Paula G. Den Boer, age 47, of Paradise Valley, Arizona, for offering and selling unregistered securities and for failing to register with the Commission as securities broker-dealers. Luca, Crosswell and Den Boer offered and sold limited partnership units and promissory notes from 1990 to 1995. From at least January of 1990, Luca raised over $10 million from over 400 mostly elderly and unsophisticated investors nationwide. Many of the investors attended the same church as Luca in Scottsdale, Arizona. Luca told investors that they were investing in residential and commercial real estate developments in Henderson, Nevada, a community near Las Vegas. Although some investor funds were used to purchase and develop land, most were used: (1) to pay principal and "returns" to earlier investors, (2) to build and furnish Luca's lavish 10,000 square foot home in Scottsdale, Arizona, and (3) to pay personal expenses, commissions and business expenses. Luca also made large gifts and loans to charities. The Commission alleges that Luca misappropriated over $3.2 million from investors. Although Luca had no business activities that generated any profit to him or his investors, he continually paid investors "returns" of 20 to 25 percent. Luca used new investor funds to pay existing investors their returns. Crosswell and Den Boer were two of Luca's top independent sales agents, receiving hundreds of thousands of dollars in commissions. The Complaint seeks a permanent injunction, disgorgement and an accounting against Luca for violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, and Sections 10(b), and 15(a)(1) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. The Commission seeks a permanent injunction and civil penalties against Crosswell and Den Boer for violating Sections 5(a) and 5(c) of the Securities Act of 1933 and Section 15(a)(1) of the Securities Exchange Act of 1934. ======END OF PAGE 1======