UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15933 / October 8, 1998 SECURITIES AND EXCHANGE COMMISSION v. CITY SERVICES CORP., et al., 98 Civ. 1867 (RPP), U.S.D.C., S.D.N.Y. The Securities and Exchange Commission ("Commission") announced that, on October 2, 1998, the United States District Court for the Southern District of New York entered a Final Judgment by Default Imposing Remedies against City Services Corp. ("City Services") and Joseph Burgio ("Burgio"). The order permanently enjoins and restrains City Services and Burgio from violating the antifraud provisions of the securities laws, in particular Section 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, and permanently restrains and enjoins Burgio from violating antifraud provisions applicable to broker-dealers, in particular Section 15(c)(1) of the Exchange Act and Rules 15c1-2 and 15c1-5 thereunder, and from violating the broker-dealer registration provisions of Section 15(a)(1) of the Exchange Act. The order also requires City Services and Burgio, jointly and severally, to disgorge $1,014,605 and $43,055 in prejudgment interest ($1,057,660 in total) and Burgio to pay $5,000 as a civil penalty. The order arises from a complaint filed on March 16, 1998, in which the Commission alleged that City Services and Burgio fraudulently offered and sold City Services stock and that Burgio also was acting as an unregistered broker-dealer. The defendants are described in the Complaint as follows: JOSEPH BURGIO, age 29, is a resident of Brooklyn, New York. He has held himself out to be the president, corporate secretary, and chairman of City Services' board of directors. Between January and March 1, 1998, Burgio was associated as a registered representative with Three Arrows Capital Corp. ("Three Arrows"), a registered broker-dealer that employed Burgio in an office located in New York, New York. Burgio was not separately registered with the Commission. CITY SERVICES CORP. is a Delaware corporation. According to a private placement memorandum for the City Services stock offering it purports to have offices at 29 John Street, New York City. That location is a mail drop only. Since its inception in May 1997, City Services has not generated any revenue or engaged in any operations. City Services stock is not publicly traded. The Complaint alleged as follows: Since at least January 1998, City Services and Burgio have fraudulently offered and sold City Services stock. City Services, Burgio and others working with them made telephonic "cold calls," and offered and sold the City Services stock to investors by means of a variety of false and misleading representations, including false claims that: (a) City Services would hold an initial public offering in the near future that would enable investors to more than double their money; (b) City Services was in the check cashing business; and (c) the funds raised in the offering would be held in escrow until the offering closed. While soliciting investors, Burgio held himself out to be a registered representative of Three Arrows. Burgio failed to disclose to at least some of the investors that he was also an officer of City Services. Burgio continued to solicit investors to purchase City Services after his association with Three Arrows terminated. During the period he was associated with Three Arrows, he solicited investors without the authorization of Three Arrows. Burgio and City Services failed to answer, plead or otherwise respond to the Commission's Complaint.