UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15564 / November 18, 1997 Securities & Exchange Commission v. CNC Trading Company, et al. (United States District Court for the District of New Jersey, Civil Action No. 96-CV-4620) The Securities and Exchange Commission announced that on October 29, 1997, the Honorable Garrett E. Brown of the United States District Court for the District of New Jersey entered a Final Judgment and Order against defendant Cindy J. Myers. The Final Judgment ordered Myers to pay disgorgement in the amount of $519,000, plus prejudgment interest thereon, but waived payment of the same based upon a sworn financial statement submitted by Myers which demonstrated inability to pay. Myers consented to this relief, without admitting or denying the allegations in the Commission's complaint. On September 30, 1996, Judge Brown had entered a permanent injunction against Myers, pursuant to her consent, under which she was permanently enjoined from 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. On September 14, 1996, the staff filed this action in the United States District Court for the District of New Jersey, naming CNC Trading Company, Inc,, Charles N. Cugliari ("Cugliari"), Myers, Sierra and two other individuals as defendants. The Commission charged that from 1985 through February 1995, Cugliari, with the assistance of Myers and others, conducted a Ponzi scheme involving the fraudulent sale of approximately $70 million of unregistered CNC investments to over 2,000 public investors. Cugliari solicited investors by offering them the purported opportunity to finance CNC's purchase of various food products. To attract interest, Cugliari told investors that the food products would be resold for a profit and that each investor's portion of this profit would yield a return of approximately 3 1/2 percent per month, or 42 percent per year. However, rather than buying the particular food products which investors contracted for, Cugliari commingled investor funds in bank accounts that he controlled and used the money to pay returns to previous investors, and to pay salaries, sales commissions and personal expenses.<(1)> The Commission further charged that Myers and others made numerous material misrepresentations and omissions in connection with the sale of CNC investments to public investors. Among other things, the defendants misrepresented or omitted to disclose the true nature of the CNC investment, the financial condition of CNC, and the sales commission <(1)> A full discussion of the facts are set forth in the staff's June 27, 1996 Action Memorandum, captioned CNC Trading Company, Inc. (P-174) ======END OF PAGE 1====== arrangement CNC had with various salespersons. Myers was the second most active seller of CNC investments. The Commission charged that in 1994, Myers received approximately $300,000 in commissions from the sale of CNC investments. Myers has also been prosecuted and pled guilty to criminal charges of mail fraud and tax evasion based on her CNC activity. On February 12, 1997, Judge Brown sentenced her to four months confinement and ordered to pay a penalty $75,000. ======END OF PAGE 2======