-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14694 / October 17, 1995 SECURITIES AND EXCHANGE COMMISSION V. DANIEL L. OSBORN Civil Action No. CV 95-1014 RJK (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced on October 13, 1995, that a Judgment of Permanent Injunction and Other Relief was obtained against Daniel L. Osborn ("Osborn"). A civil Complaint was filed by the Commission against Osborn on February 7, 1995 in the Central District of California alleging that in 1989 and 1990, Defendant Osborn participated in a fraudulent scheme with Steven D. Wymer ("Wymer") and the investment advisers controlled by Wymer, Denman & Co. and Institutional Treasury Management, Inc. (collectively "ITM"). From 1987 through December, 1991, Wymer, through ITM, conducted a massive fraudulent scheme against his advisory clients, principally small cities and towns, local government agencies and financial institutions. Wymer misappropriated and diverted his advisory clients' funds, commingling and using the funds to pay purported profits on non-existent securities transactions made on behalf of his clients, to cover client and personal trading losses, to fund ITM's operations and to pay for Wymer's lavish personal living expenses. In prior actions, Wymer was enjoined from future securities law violations, pleaded guilty to nine felony counts of racketeering, securities fraud, mail fraud, bank fraud, obstruction of justice and was ordered to pay $209 million in restitution to his former clients. Wymer is currently serving a prison sentence of 14 years and 7 months. The Commission's Complaint against Osborn alleged that Osborn, through his broker-dealer, DLO Securities, Inc. ("DLO"), formerly located in Irvine, California, effected a fraudulent scheme by charging ITM advisory clients fraudulent excessive, undisclosed markups on United States government securities, totalling $319,613. Osborn paid Wymer a portion of the fraudulent profits from these transactions. Osborn also charged ITM itself fraudulent excessive, undisclosed markups on United States government securities totalling $47,196. The Commission further alleged that Osborn received $310,000 from Wymer to establish DLO but failed to disclose such funding on DLO's Form BD filed with the Commission. Without admitting or denying the allegations contained in the Complaint, Osborn consented to the entry of a Judgment permanently enjoining him from future violations of the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(c)(1) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5 and 15c1-2 and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. Osborn is also enjoined from future violations of Section 15(b) of the Exchange Act and Rule 15b3-1 thereunder for filing false Forms BD. Finally, the - 2 - Commission seeks disgorgement of all Osborn's ill-gotten gains derived from Osborn's unlawful activity and is currently investigating his financial ability to pay disgorgement of the excessive mark-ups sought in the Complaint.