Securities COMMISSION AND EXCHANGE Litigation Release No. 16020 / January 12, 1999 SECURITIES AND EXCHANGE COMMISSION v. BARNARD SACKETT, JOHN H. SCHRIEK AND ENVIROLAND, LTD., Civ. Action No. 97-5934 U.S.D.C., E.D. Pa. The Commission announced that on January 4, 1999, the Honorable Anita Brody, United States District Court Judge for the Eastern District of Pennsylvania, entered final judgments by default ("Final Judgments") that permanently enjoin defendants John H. Schriek ("Schriek") and Enviroland, Ltd. ("Enviroland") from committing securities fraud and order them to pay a total of $1.2 million in fines. The Commission's Complaint, which was filed on September 22, 1997, alleges, among other things, that Schriek and Enviroland, together with defendant Barnard Sackett ("Sackett"), solicited the Bankruptcy Estate for the Foundation For New Era Philanthropy, Inc. in Philadelphia, Pennsylvania, as well as at least one other investor, to invest as much as $100 million in fraudulent "prime bank" securities. The Complaint also alleges that the defendants guaranteed investors the repayment of principal and returns on their investments at the annual rate of at least 360% and as great as 528%. The Commission's Complaint further alleges that the defendants requested that those investors recommend the fictitious "prime bank" securities to hundreds of non-profit organizations and charities that are associated with or creditors of those investors. The Final Judgments permanently enjoin Schriek and Enviroland from violating Section 17 of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and impose civil penalties against Schriek in the amount of $200,000, and against Enviroland in the amount of $1 million. Sackett, without admitting or denying the allegations contained in the Complaint, previously consented to the entry of a final judgment which enjoined him from committing securities fraud and did not impose a civil penalty based on his demonstrated inability to pay.