U.S. SECURITIES AND EXCHANGE COMMISSION CORRECTION: Litigation Release No. 15842A / August 12, 1998 Securities and Exchange Commission v. Timothy J. Lyons, Civil Action No. 98 CV 1471J RBB (S.D. Cal.); On August 12, 1998, the Commission announced the filing of a Complaint in the United States District Court for the Southern District of California against Timothy J. Lyons ("Lyons"), age 48, a resident of Rancho Santa Fe, California, and a former trader and portfolio manager at two registered investment adviser firms. The Commission's Complaint charges Lyons with violating the antifraud provisions of the federal securities laws by failing to disclose his conflict of interest in fraudulently allocating profitable equity "day" trades (buying and selling the same security within the same day) to his personal accounts at the expense of client accounts. The Complaint alleges that these violations occurred: 1) from at least 1991 through July 1993, at Nicholas-Applegate Capital Management ("NACM"), a registered investment adviser located in San Diego, California, which employed Lyons as the trader and portfolio manager for NACM's employee profit-sharing retirement plan; and 2) from August 1993 through August 1995, at Lyons Capital Partners ("LCP"), an investment adviser firm formerly registered with the Commission of which Lyons was a 70% owner, and where he acted as the trader and portfolio manager for all of LCP's client accounts. As of August 1995, LCP managed over $30 million in assets for its clients. According to the Complaint, Lyons would determine whether a trade was profitable prior to allocating it to his personal account or a client account. The Complaint alleges Lyons fraudulently allocated $929,601.30 in profitable day trades to his personal accounts and $416,238.26 in unprofitable day trades to his clients' accounts. Additionally, the Complaint alleges that Lyons breached his fiduciary duty to his clients by failing to disclose his conflict of interest in favoring his personal accounts over client accounts in allocating day trades. Further, the Complaint alleges that Lyons aided and abetted NACM's books and records violations by failing to report completely and accurately his personal trading to NACM. The Commission seeks a permanent injunction against Lyons prohibiting further violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940, and aiding and abetting violations of Section 204 of the Advisers Act and Rule 204-2(a)(12) thereunder. The Complaint also seeks an order that Lyons disgorge his illicit profits of $929,601.30 and pay prejudgment interest on those profits. The Complaint further seeks an order that Lyons pay civil monetary penalties for his violative conduct. In a related matter, the Commission instituted and settled a cease-and-desist and administrative proceeding against NACM in which NACM consented to the entry of an Order, without admitting or denying the findings in the Commission's Order, that it pay a civil penalty of $250,000 and cease and desist from committing or causing violations and any future violations of the books and records provisions of the Advisers Act. In addition, NACM was censured and agreed to maintain and implement procedures reasonably designed to supervise its employees with a view toward preventing and detecting violations of the books and records provisions of the Advisers Act. Further, the Commission's Order found that NACM failed reasonably to supervise Lyons while he was employed at NACM. In the Matter of Nicholas-Applegate Capital Management, a California Limited Partnership, Investment Advisers Act of 1940, Release No. 1741.