SECURITIES AND EXCHANGE COMMISSION BOSTON, MASSACHUSETTS LITIGATION RELEASE NO. 15513 / September 26, 1997 SECURITIES AND EXCHANGE COMMISSION V. CARLO D'ALELIO (United States District Court for the District of Massachusetts, C.A. No. 97cv12160-JLT) The Securities and Exchange Commission ("Commission") announced that on September 26, 1997, it filed a civil injunctive action against Carlo D'Alelio ("D'Alelio") charging him with fraud in connection with his use of clients' funds. The Complaint alleges that, between November 1992 and December 1993, the Defendant, a resident of Gloucester, Massachusetts, and a registered investment adviser, misappropriated from three clients more than $50,000 intended for investment in securities and used the funds to pay his own personal expenses. The action was filed in the United States District Court for the District of Massachusetts. D'Alelio is a recidivist securities violator. In October 1992, he was charged by the Massachusetts Securities Division ("Securities Division") with engaging in dishonest and unethical practices in the securities business, based upon complaints by previous customers that he had effected unauthorized trades in their accounts and had misappropriated their funds. In May 1994, after a hearing on those charges, D'Alelio was found liable. He was fined, compelled to disgorge profits and his registration as a securities agent in Massachusetts was revoked. According to the Commission's Complaint, the Defendant made material omissions in his application for investment adviser registration in December 1992 concerning the disciplinary proceedings then pending against him. The Complaint further alleges that the Defendant failed to amend his registration to disclose the orders entered against him by the Securities Division and by the National Association of Securities Dealers, Inc. and that he failed to file annual reports with the Commission. The Commission alleges that the Defendant violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 204, 206(1), 206(2), 206(4) and 207 of the Investment Advisers Act of 1940 and Rules 204-1(b), 204- 1(c), 206(4)-2 and 206(4)-4 thereunder. The Complaint seeks a permanent injunction, disgorgement and a civil money penalty. ======END OF PAGE 1======