U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15866 / September 2, 1998 SECURITIES AND EXCHANGE COMMISSION v. KELLIN INVESTMENT CORP. and ORLANDO R. LANDA, Civil Action No. 98-7153 ABC (RCx) (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced that, on September 1, 1998, it filed a Complaint in the United States District Court for the Central District of California against Kellin Investment Corp. ("Kellin") and its president, Orlando R. Landa ("Landa"), alleging that they violated the antifraud and securities registration provisions of the federal securities laws in connection with the sale of investments through Kellin. The Commission's Complaint alleges that, from April to September 1997, Landa, formerly a resident of Temecula, California, and Kellin offered and sold securities purportedly backed by collateral and typically offering returns of 2% per month, raising approximately $4.1 million from about 58 investors. The funds raised were to be used for unspecified "investment purposes." The Complaint alleges that Landa and Kellin represented to investors that funds would be released for investment purposes only after collateral in the form of United States Treasury bills, certificates of deposit or "prime bank guarantees" had been obtained. Landa and Kellin, however, never obtained any collateral for the investments. Although they did invest approximately $1.9 million of the funds raised in various private businesses and ventures, Landa and Kellin failed to disclose that they used at least $315,000 of the funds raised to pay returns to investors. The Complaint seeks, among other things, permanent injunctions enjoining Landa and Kellin from future violations of the provisions of the federal securities laws they are alleged in the Complaint to have violated, disgorgement of all ill-gotten gains from Landa, and the appointment of a receiver over Kellin. Landa and Kellin, without admitting or denying the allegations in the Complaint, have consented to the entry of judgments: (1) permanently enjoining them from future violations of the antifraud provisions of Section 17(a) of the Securities Act of 1933 ("Securities Act"), Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and the securities registration provisions of Sections 5(a) and 5(c) of the Securities Act; (2) ordering Landa to pay disgorgement in the amount of $99,310, representing compensation received by him from Kellin, together with prejudgment interest, but waiving payment of disgorgement and not assessing civil penalties based upon his demonstrated inability to pay, except that he is ordered to disgorge certain shares of stock; and (3) providing for the appointment of a receiver over Kellin.