UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15533 / October 16, 1997 S.E.C. V. HERNAN JOSE PEREZ, Case No. 97-2502SEC (D. Puerto Rico) The Securities and Exchange Commission ("Commission") announced today that on October 10, 1997 Judge Salvador E. Casellas of the United States District Court for the District of Puerto Rico entered a temporary restraining order against defendant Hernan Jose Perez ("Perez") and relief defendant Victor Mestres Ayendez ("Ayendez") that, among other things, freezes their assets pending a hearing on a preliminary injunction. The Commission simultaneously filed a civil complaint alleging that from at least December 1995 through September 1997 Perez, while a broker at Clark Melvin Securities Corporation ("Clark Melvin"), a Hato Rey, Puerto Rico broker-dealer, misappropriated $2.4 million from at least eight of Clark Melvin's customers and one other investor. According to the Commission's complaint, Perez misappropriated money on at least twenty-one separate occasions (i) by falsely endorsing checks written to or by his customers or (ii) by fraudulently inducing his customers to endorse checks to him. The complaint alleges that Perez lied to his customers (i) by telling them that they needed to provide additional funds to cover margin debts, which did not in fact exist; (ii) by falsely telling them he would use their money to buy investments; and (iii) in at least one instance, by falsely telling an investor that he would use the funds to open an investment account for the investor. The Commission's complaint also alleges that some of the funds that Perez stole were deposited into a bank account in Ayendez's name. Perez, 49 years old, is a resident of Rio Piedras, Puerto Rico. Ayendez operates Agencia Hipica, an off track betting service in Caparra, Puerto Rico. The Commission's complaint charges Perez with violations of the antifraud provisions of the federal securities laws, specifically, Section 17(a) of the Securities Act of 1933 and Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934. (15 U.S.C.  77(q)(a); 15 U.S.C.  78j(b) and 17 C.F.R.  240.10b-5). Among other things, the Commission seeks preliminary and permanent injunctions against Perez prohibiting further violations of the antifraud provisions, and requests that Perez and Ayendez disgorge their ill-gotten proceeds and that Perez pay a civil monetary penalty for his misconduct. ======END OF PAGE 1======