SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 16034 / January 21, 1999 SECURITIES AND EXCHANGE COMMISSION v. DONALD WALLACE, et al., Case No. 1:99CV00120 (RWR) (D.D.C., filed Jan. 14, 1999). SEC FILES CIVIL INJUNCTIVE ACTION IN PRIME BANK FRAUD The Securities and Exchange Commission announced today that it filed a Complaint in the United States District Court for the District of Columbia against Donald Wallace, The Investment Group, Linda Schroeder, John McNulty, Berach International, Ltd. and Gary Tedford for the fraudulent offer and sale of non-existent, prime bank securities. The Complaint alleges that Schroeder and McNulty were principals of The Investment Group and that Tedford was a principal of Berach. The Complaint alleges that Wallace was responsible for arranging the purported prime bank trades. The Complaint alleges that in April 1995, The Investment Group obtained $100,000 from an investor under the pretense that his money would be invested in a prime bank program with a guaranteed return of 15% per week. The Complaint also alleges that The Investment Group wired the investor’s $100,000 to a bank account, designated by Tedford, pursuant to a contract between The Investment Group and Berach. According to the Complaint, that contract, pursuant to which Berach was to invest the $100,000 in prime bank securities, guaranteed The Investment Group a return of 2,000% per month. The Complaint alleges that Berach sent the $100,000 to Wallace. The Complaint further alleges that in the spring of 1995, Wallace held himself out as an investment adviser on prime bank programs, promising extraordinary returns on investments with essentially no risk. The Complaint alleges that by their conduct, the defendants violated Section 17(a) of the Securities Act of 1933 (“Securities Act„), Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act„) and Rule 10b-5 thereunder. The Complaint also alleges that Wallace failed to register as an investment adviser and thereby violated Section 203(a) of the Investment Advisers Act of 1940. The Complaint seeks a permanent injunction barring the defendants from future violations of the antifraud provisions of the federal securities laws and barring Wallace from future violations of the investment adviser registration provisions of the federal securities laws, an accounting, disgorgement and the imposition of civil monetary penalties. Simultaneously with the filing of the Complaint, and without admitting or denying the Commission’s allegations, The Investment Group, Schroeder and McNulty consented to the entry of a final judgment permanently enjoining them from future violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The final judgment will require McNulty to pay disgorgement of $8,000, plus prejudgment interest of $2,245, and a civil penalty of $9,755. With respect to Schroeder and The Investment Group, the Commission waived the payment of disgorgement and did not seek the imposition of civil monetary penalties against them based on their demonstrated financial inability to pay.