UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 16154 / May 19, 1999 Securities and Exchange Commission v. Funding Resources Group, et al. #3-98CV2689-X, USDC, ND/TX (DALLAS DIVISION) SEC ACCUSED FRAUDSTER ARRESTED FOR CIVIL CONTEMPT On May 17, 1999, Judge Joe Kendall, United States District Judge for the Northern District of Texas, held defendants Earl McKinney of Eden Prairie, Minnesota, and Fortune Investments, Ltd. ("Fortune„), and relief defendant Treds Financial Trust ("Treds„) in civil contempt for their failure to provide an accounting of investors' funds as required by the Court's November 13, 1998 order. For his flagrant disregard of the Court's order, Judge Kendall issued a bench warrant for McKinney's arrest, and ordered that he be taken into custody and be confined until the Court determines that he has provided an adequate accounting, under oath, for himself and Fortune and Treds, a corporation and a trust under his control. The United States Marshal took McKinney into custody on May 18. According to the Commission's complaint, McKinney and Fortune participated in a scheme involving the fraudulent sales of interests in a succession of non-existent prime bank trading programs which raised over $14 million from hundreds of investors. Investors were told that these programs were successful, that their funds were completely secured by guarantees issued by banks or insurance companies, and that the investments would generate returns between 6% and 18% per month. In fact, the trading programs did not exist, there were no such guarantees, and the defendants used most of the investor funds for their own benefit and the benefit of the relief defendants, and for payments to other investors (ponzi payments). The complaint charges that McKinney used approximately $1 million in investor funds to purchase and furnish his Eden Prairie home.