SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15689 / March 30, 1998 SEC v. Banner Fund International, Civil Action No. 94-342 (EGS) ( D.D.C.) The Securities and Exchange Commission announced today that on March 26, 1998, The Honorable Emmet Sullivan, United States District Judge for the District of Columbia, granted the Commission's motion for summary judgment against defendants Lloyd R.Winburn, Swiss Trade & Commerce Trust Ltd., and Eddie R. Blackwell. The Court enjoined the defendants from violating Sections 5 and 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5, and Section 7(d) of the Investment Company Act. Finding that defendants had knowingly and intentionally misrepresented the purpose of the investment they had promoted and the use to which investors' funds would be put, the Court ordered defendants to disgorge, jointly and severally, $6.5 million they had raised through their false and misleading statements, and to pay $2.69 million in prejudgment interest. The Court previously had entered a default judgment against defendant Banner Fund International on the same claims. From late 1992 through 1994, defendants Winburn and Blackwell, both United States citizens operating first out of Aruba and later from Belize, offered and sold investments in the Banner Fund International Offshore Arbitrage Leveraging Program, which they advertised as an opportunity for the "little guy" to take advantage of "phenomenal" opportunities in the financial markets. Through the vehicle of Banner Fund, under the management of Swiss Trade, Winburn and Blackwell claimed that investors' funds would be leveraged into large profits with little or no room for loss. In fact, after raising at least $6.5 million from mailings targeted primarily at unsophisticated investors with small amounts of capital to invest, defendants failed to engage in any leverage or arbitrage activity, but instead spent the money on real estate and a shrimp farm in Belize, and on various trusts in the United States engaged in lending money to defendants' relatives and friends. In addition to rendering judgment for the Commission, the Court denied Blackwell's motion for summary judgment, which was based primarily on the contention that, because defendants were located in Belize, the Court lacked subject matter jurisdiction over the action. To the contrary, the Court found, defendants' perpetration of a fraud against United States investors through the use of the United States mails indisputably established subject matter jurisdiction under the federal securities laws. For further information, see Litigation Release No. 15311.