SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15892 / September 21, 1998 SEC Files Emergency Action and Freezes Assets in $19 million Prime Bank Ponzi Scheme SECURITIES AND EXCHANGE COMMISSION v. TERRY V. KOONTZ, ZONE PRODUCTIONS, INC., JEFFREY A. DeVILLE, MYKAEL DeVILLE, PRIVATE POOL, LLC, RICHARD FULCHER, THOMAS DOLAN, LAWRENCE E. SEPPANEN, WALTER LAPP and KURT FOX and as Relief Defendants JEFFREY A. DeVILLE, as Acting Trustee for PURR TRUST, MARILYN KOONTZ, DOROTHY M. GERODEMOS, NANCY CHAMICH, STEWART A. KORAL, and EMANON II, INC. (United States District Court for the District of Massachusetts, C.A. No. 98 CV 11904-NG) The Commission announced that a seal has been lifted on an emergency action freezing the assets of ten defendants who were participating in a massive prime bank Ponzi scheme in which more than $19 million was raised from more than 80 investors in 16 states. The records had been previously sealed until all known bank accounts were frozen. The Commission alleged that beginning in August 1997, three Tampa-area defendants, Terry Koontz ("Koontz"), Jeffrey DeVille (J. DeVille") and Mykael DeVille (M. DeVille"), recruited and used a network of salesmen on the East Coast to sell interests in an "international bank debenture trading program" named Private Pool. LLC. Using false information and offering materials provided by defendants Koontz, J. DeVille and M. DeVille, sales agents, including defendants Richard J. Fulcher, Thomas Dolan, Lawrence E. Seppanen, Walter Lapp, and Kurt Fox, residents of Florida, Virginia, New York and New Jersey, falsely informed investors that their funds would be invested in a 40-week bank debenture trading program through Koontz, an international bond trader affiliated with Barclays Bank . The defendants falsely promised investors that investments in the trading program would provide a 1% weekly return and would be secured by Government National Mortgage Association or Federal Home Loan Mortgage Corporation bonds. The bank debenture trading program does not exist, and Koontz is not affiliated with Barclays. To support these misrepresentations, the defendants distributed fraudulent documents bearing forged signatures of Barclays officials as well as counterfeit stamps of Barclays and the State of New York to convince people that their investments were effectively secured by the bonds. The Complaint alleges that investor funds are being deposited into a bank account in the name of Zone Productions, which is controlled by Koontz . Koontz dissipated at least $9.9 million from the Zone account. Among other things, he spent $468,000 on automobiles; over $250,000 on jewelry; and $650,000 on real estate. Koontz made gratuitous transfers of over $500,000 to his wife, relief defendant Marilyn Koontz, $3.1 million to relief defendant Dorothy Gerodemos, $481,000 to relief defendant Nancy Chamich, $1.9 million to relief defendant Emanon II, Inc. and $727,000 to relief defendant Stewart Koral. The Complaint alleges that the Devilles also used investor funds for their own personal use, buying a Cadillac, 2 BMWs, and jewelry. The DeVilles also transferred $300,000 to an off-shore account. The Commission obtained an order temporarily restraining the fraudulent activities, freezing assets, prohibiting the acceptance of additional investor funds, requiring repatriation of funds transferred abroad and other relief in a complaint filed on September 17, 1998 in the United States District Court for the District of Massachusetts. This matter is a related case to another emergency fraudulent offering action, SEC v. Michael D. Richmond, et al., Civ. Action No. 98-11378 (NG) ("Richmond"), filed with this Court on July 15, 1998, in which Koontz, Zone Productions and Purr Trust are also are defendants. The case is related because the main defendant in the Richmond case transferred to Koontz and Zone over $6 million of proceeds he had raised by selling fictitious certificates of deposit (See Litigation Release No. 15813).