SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15487 / September 11, 1997 ACCOUNTING AND AUDITING ENFORCEMENT RELEASE NO. 959 / September 11, 1997 SECURITIES AND EXCHANGE COMMISSION v. MAURY H. JOSEPH AND ALLEN E. BENI, (Civil Action No. 97-2872) (S.D. FLA.) On September 8, 1997, the Commission filed a civil injunctive action against two former employees of Florida West Airlines, Inc., a bankrupt air cargo carrier which had been based in Miami, Florida. The Commission's complaint alleges that between August 1993 and May 1994, Maury H. Joseph (Joseph), Florida West s former CEO, and Allen E. Beni (Beni), Florida West s former president, perpetrated a fraud on Florida West s shareholders and independent auditors by misrepresenting revenues and profits, falsifying financial statements and by causing Florida West to make materially false and misleading statements and omissions in its registration statement, prospectus and debenture offering memorandum. Specifically, the Complaint alleges that on January 21, 1994, Joseph and Beni caused Florida West to issue a press release which falsely represented that the Company expected to report profits of between $800,000 and $1,000,000 for the quarter ended December 31, 1993, when, in fact, the Company had incurred a $2,000,000 loss and was rapidly deteriorating. Further, the Complaint alleges that Joseph and Beni committed a fraud on Florida West s independent auditors by instructing an employee to forge the purported buyers signatures on two aircraft sales contracts which were subsequently presented to Florida West s auditors in connection with their year-end audit. The Complaint also alleges that Joseph and Beni caused Florida West to file a registration statement and prospectus containing false statements and material omissions of fact concerning the scope of Florida West s maintenance and repair license, the undisclosed seizure of a Florida West aircraft and over $1.5 million in related party transactions between Florida West and a company owned by Beni s daughter. Furthermore, the Complaint alleges that Joseph and Beni caused these misrepresentations and omissions to be repeated in the Company s debenture offering memorandum dated March 4, 1994. In addition, the Complaint alleges that the debenture offering memorandum contained false financial statements which improperly recognized revenues from the two above-described, fabricated aircraft sales. Finally, the Complaint alleges that the debenture offering memorandum failed to disclose that approximately $1.2 million or 16% of the proceeds raised in the offering was to be used to pay down existing debt owed to related parties. ======END OF PAGE 1====== - 2 - The staff seeks to obtain permanent injunctions, officer and director bars and civil penalties against Joseph and Beni based on their violations of Section 17(a) of the Securities Act and Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5, 13b2-1 and 13b2-2 thereunder. ======END OF PAGE 2======