SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15550 / November 4, 1997 United States v. Robert D. Gersh (United States District Court for the District of Massachusetts, 97CR10277(RGS), filed October 10/23/97) On October 23, 1997, the United States Attorney for the District of Massachusetts filed an Information charging that, between January 1990 and July 1995, Robert D. Gersh ("Gersh"), of Burlington, Massachusetts, misappropriated over $4 million in investor moneys that had been entrusted to two corporations under his control, Boston Municipal Securities, Inc. ("BMS") and Devonshire Escrow and Transfer Corp. ("Devonshire"). Gersh was charged with ten counts of Interstate Transportation of Stolen Property. If convicted, Gersh faces a maximum sentence of ten years in prison for each count of the Information. The Information involves essentially the same underlying facts that were the subject of a November 25, 1995 Commission complaint filed against Gersh, BMS and Devonshire. The Information charges that, in 1990 and 1991, Gersh, acting through BMS and Devonshire, marketed and sold over $14 million of five-year Certificates of Participation ("COPs") to investors. Under the terms of the COPs, investor money was to be invested in pools of equipment leases entered into by state and local governments. According to the Information, although a large share of the investors' money was initially invested in state and municipal lease obligations, many of the states and municipalities paid off their leases within one or two years. Those payments returned millions of dollars to BMS and Devonshire. According to the Information, Gersh was required either to return the money to investors or to reinvest it in safe, highly-liquid securities. Instead, Gersh used approximately $4 million of the COPs money to finance various business ventures in his own name, including a medical billing company, a Judaica book store, several kitchen supply stores, and a model airplane and ship distributorship. According to the Information, Gersh covered up his diversion of the COPs funds by using some of the money to make semiannual "interest payments to investors, leading them to believe that their principal investment was safe and sound. The Commission's complaint, filed on November 29, 1995, alleged that the defendants had conducted a fraudulent offering of $14 million in COPs. On March 20, 1997, the Honorable Reginald C. Lindsay of the U.S. District Court for the District of Massachusetts enjoined Gersh, BMS and Devonshire from further violations of certain antifraud provisions of the securities laws. Gersh, BMS and Devonshire consented to the injunctive orders without admitting or denying the complaint's allegations. Gersh was also ordered to disgorge $7,451,935, plus prejudgment interest thereon, provided, however, that payment of $5,949,185 of such amount, plus the prejudgment interest, was waived based on his demonstrated inability to pay. The complaint alleged violations of the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 ======END OF PAGE 1====== promulgated thereunder and Section 17(a) of the Securities Act of 1933 and sought a temporary restraining order, preliminary and permanent injunctions, disgorgement, civil monetary penalties and an asset freeze and other equitable relief. On November 30, 1995, the Court issued a temporary restraining order and asset freeze against the defendants. In addition, on December 11, 1995, the Court granted the Commission's motion for appointment of a receiver to take control of the assets of the corporate and relief defendants, and those assets are being operated by the receiver for the benefit of investors. On January 12, 1996, after a hearing, Judge Lindsay granted the Commission's request for a preliminary injunction against the defendants. On April 1, 1997, the Commission announced the entry of an order instituting administrative proceedings against Gersh and the simultaneous acceptance of his offer of settlement. Gersh was barred from the securities industry. For further information, See Litigation Release Nos. 14742, 14785 and 15310, and Rel. Nos. 34-38459 and IA-1626.