-------------------- BEGINNING OF PAGE #1 ------------------- U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14681 / October 5, 1995 SECURITIES AND EXCHANGE COMMISSION v. D'ACQUISTO FINANCIAL GROUP, INC., et al., Civil Action No. 95-1105H (AJB) (S.D. Cal. July 13, 1995) The Securities and Exchange Commission ("Commission") announced that on September 20, 1995, the Honorable Marilyn L. Huff, United States District Court Judge for the Southern District of California ("Court"), entered its Order Granting Plaintiff's Motion for Partial Summary Judgment against Defendants D'Acquisto Financial Group, Inc. ("DFG"), Doubleday Trust ("Doubleday"), John F. D'Acquisto ("D'Acquisto"), and Thomas F. Goodman ("Goodman"), all of San Diego. The Commission's enforcement action was filed on July 13, 1995. The Complaint alleged that from November 1993 through at least June 1994, DFG, Doubleday, D'Acquisto and Goodman, an attorney, engaged in fraudulent schemes involving the offer and sale of securities in a prime bank investment program and an asset enhancement program. The Court held that the Defendants committed securities fraud when they obtained approximately $6.5 million from two investors by offering and selling securities in their investment scheme. The Court found that defendants falsely represented to investors that they were sophisticated money managers, that the investors' funds were secure, the investment was low risk, and that the investment principal and earnings would be returned to investors on a timely basis. The Defendants admitted they used investor funds to purchase a contingent interest in a Mexican minor league baseball team in a league which does not operate, vacant land in Mexico and three racehorses. The Court further found that the defendants repeatedly violated the law, showed disregard for the law, and represent a risk to the public. The Court permanently enjoined Defendants D'Acquisto and Goodman from further violations of the antifraud provisions of the federal securities laws. The Court went on to write that given the severe nature of the fraud perpetrated by the Defendants, disgorgement is an appropriate remedy. The Court ordered the Commission to conduct discovery on the amount of ill- gotten gains to be disgorged. For further information, see Lit. Rel. No. 14562.