U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16023 / January 13, 1999 SECURITIES AND EXCHANGE COMMISSION v. MICHAEL W. RIBANT, DBA TRINITY CAPITAL, Action No. 98-CV 2096 IEG (POR)(S.D. Cal.) The United States Securities and Exchange Commission announced that it filed a complaint today against Michael W. Ribant ("Ribant"), doing business as Trinity Capital, a broker- dealer located in San Diego, California. The complaint, which was filed in United States District Court for the Southern District of California in San Diego, California, charges Ribant with misappropriating approximately $3.3 million from approximately 67 customer accounts. According to the complaint, Ribant misappropriated his customers' funds and securities by selling customers' securities without the customer's authorization or knowledge, and then wiring the sale proceeds to accounts that Ribant had opened, also without the customers' authorization or knowledge, in the customers' names. To complete the misappropriation, Ribant then, again without the customers' authorization or knowledge, wired the funds to a bank account held in his own name. In the lawsuit, the Commission seeks an order permanently enjoining Ribant from future violations of the antifraud provisions, 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 Commission also seeks disgorgement of all ill-gotten gains, prejudgment interest and civil penalties. Also on November 16, 1998, in order to afford Ribant's customers with the protections provided under the Securities Investor Protection Act, the Securities Investor Protection Corporation intervened in the Commission's action and applied for appointment as trustee over Ribant for the liquidation of Trinity Capital. Ribant consented to the appointment of the Securities Investor Protection Corporation as trustee over him.