UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15591 / December 15, 1997 SECURITIES & EXCHANGE COMMISSION v. JOHN GARDNER BLACK, DEVON CAPITAL MANAGEMENT, INC., AND FINANCIAL MANAGEMENT SCIENCES, INC. (United States District Court for the Western District of Pennsylvania, Civil Action No. 97-2257) The Securities and Exchange Commission ("Commission") announced that, on December 12, 1997, the Honorable Donetta Ambrose of the U.S. District Court for the Western District of Pennsylvania signed an order of permanent injunction ("Order") against defendants John Gardner Black ("Black"), Devon Capital Management, Inc. ("Devon"), and Financial Management Sciences, Inc. ("FMS"). The Order enjoins the defendants from future violations of the anti-fraud provisions of the federal securities laws while reserving the issues of the dollar amounts of disgorgement and civil penalties to be paid by them. The Order provides for a forty-five day period of discovery relating to the issues of disgorgement and civil penalties. At the conclusion of the discovery period, if the parties are unable to agree on the amounts of disgorgement and penalties to be paid, the parties will request that Judge Ambrose hold an evidentiary hearing and make rulings on these remaining issues. Defendants Black, Devon and FMS consented to the Order without admitting or denying the allegations in the Commission's Complaint. The Commission filed this action as an emergency matter on September 26, 1997. On the same date, the Court granted the Commission's requested relief, including a temporary restraining order, freeze of assets and an order appointing the Honorable Richard Thornburgh, formerly Attorney General of the United States, United States Attorney for Western Pennsylvania and Governor of Pennsylvania, as Trustee. The Order of permanent injunction maintains the freeze of the defendants' assets until such time as the issues of payment of disgorgement and civil penalties are resolved. Previously, on October 30, 1997, the Court denied defendant Black's request to release $625,000 of the frozen assets to pay legal fees, in part because he had failed to demonstrate that he did not have access to other funds. At the same time the Court denied in substantial part defendant Black's request to release approximately $127,000 of the frozen funds to pay living expenses, allowing him only $25,000 for this purpose. The Commission's Complaint alleged that Black, acting through Devon, a Pennsylvania-based registered investment adviser, and FMS, an affiliate of Devon's engaged in a fraudulent scheme in connection with the solicitation and management of Devon's investment advisory clients' funds. The Complaint alleged that the scheme resulted in the loss of millions of dollars of municipal bond proceeds invested by school districts and other local government units throughout Western and Central Pennsylvania. ======END OF PAGE 1====== At the time the Complaint was filed, Devon managed approximately $345 million in assets for approximately 100 investment advisory clients, the vast majority of which were local school districts seeking to invest the proceeds of municipal bond offerings. The Complaint alleged that Devon had invested approximately $233 million of these funds, on behalf of 75 local school districts, in a form of investment called a Collateralized Investment Agreement ("CIA"). In promotional materials, Devon represented to these school districts that the CIA was an investment which paid a specified rate of return over a fixed period and which was fully protected by a pool of securities equalling the amount of the school districts' total principal investment. The Complaint alleged that, in fact, the school districts that had invested in the CIA program have suffered a combined loss of their principal investment of approximately $71 million. Finally, the Complaint alleged that Black, Devon and FMS benefitted financially from this fraudulent scheme. The Complaint alleged that Devon, FMS and Black violated the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Complaint further alleges that Devon, aided and abetted by Black, violated the antifraud and custody provisions in Section 206(1), (2) and (4) of the Investment Advisers Act of 1940 and Rule 206(4)-2(a) thereunder. ======END OF PAGE 2======