UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15633 / January 30, 1998 Accounting and Auditing Enforcement Release No. 1011 / January 30, 1998 SECURITIES AND EXCHANGE COMMISSION v. JAMES PATRICK KITTLER (Civ. No. 98-551DSD/JMM) January 30, 1998 The Securities and Exchange Commission announced today that it filed, and simultaneously settled, a civil suit in federal court in the District of Minnesota against J. Patrick Kittler, trustee and chief executive officer of National Trade Trust, a Minneapolis, Minnesota company. The complaint alleges that under Kittler's direction the company disseminated misleading offering materials that misrepresented the safety and liquidity of the company's promissory notes. These offering materials included fraudulent financial statements that materially overstated the company's earnings, assets and net worth. The complaint further alleges that these financial statements, prepared at Kittler s direction, (i) artificially inflated assets by $2 million, by recording an asset which held no value for the company; (ii) failed to record reserves for uncollectible loans; and (iii) recorded advances to clients at inflated values, instead of the actual amount advanced to each client. Between February 1990 and March 1994, the company raised approximately $8 million from over 300 investors from the sale of its notes. National Trade Trust has defaulted on the notes and currently owes approximately $6.5 million to over 200 investors. The company has ceased operations and is liquidating its remaining assets. The complaint alleges that by preparing the fraudulent financial statements, Kittler violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. Kittler has consented, without admitting or denying the Commission s allegations, to the entry of an order of permanent injunction and the payment of a $25,000 civil penalty. The Commission also instituted, and simultaneously settled, administrative proceedings against the company's independent auditor, Paul Mount. Mount consented to the entry of an order barring him from appearing or practicing before the Commission as an accountant for four years. Mount, through his accounting firm, Mount & Borresen, Ltd., of Bloomington, Minnesota, audited the company's financial statements for the fiscal years ended December 31, 1990, 1991 and 1992. These financial statements, together with audit reports prepared by Mount, were included in the company s offering statements filed with the Commission under Regulation A of the Securities Act of 1933. The administrative order, which Mount consented to without admitting or denying, finds that Mount engaged in improper professional conduct by failing to obtain sufficient competent evidential matter to support his opinions, by failing to exercise due professional care, and by lacking the proper degree of professional skepticism. ======END OF PAGE 1======