==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE Litigation Release No. 14864 / April 9, 1996 SECURITIES AND EXCHANGE COMMISSION v. THE WINDGATE FUND, LLC; CM CAPITAL ASSOCIATES, INC.; ROBERT MOSES; AND DONALD MEYERS, 96 Civ. 2502 S.D.N.Y. (MBM) The Securities and Exchange Commission ("Commission") announced today the filing of a Complaint in the United States District Court for the Southern District of New York charging The Windgate Fund, LLC, CM Capital Management Associates, Inc., Robert Moses, of Forest Hills, New York, and Donald Meyers, of Long Beach, New York, with securities fraud, holding an unregistered public offering, operating an unregistered investment company, and engaging in business as an unregistered broker-dealer. The Complaint alleges Windgate, CM Capital, Moses and Meyers violated the antifraud provisions of 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 by offering and selling securities through false and misleading statements, and violated the registration provisions of Section 5 of the Securities Act by holding an unregistered public offering. The Complaint also alleges Windgate violated Section 7(a) of the Investment Company Act of 1940 ("Investment Company Act") by operating as an unregistered investment company, and that CM Capital violated Section 15(a) of the Exchange Act by operating as an unregistered broker-dealer. The Complaint alleges the defendants are selling Windgate shares to public investors through false and misleading statements, by among other things omitting to disclose that Moses is subject to a judgment of permanent injunction arising out of a Commission enforcement action relating to two recent Moses investment ventures, omitting to disclose Moses is Windgate's de facto principal officer and has, for example, unfettered control over Windgate's funds, by falsely describing the prospects for an investment business that Windgate proposes to pursue, and by falsely representing the prospects for interactive video technology. The Commission seeks an immediate asset freeze, temporary restraints and preliminary and permanent injunctions against future violations, an accounting, appointment of a receiver for the corporate defendants, disgorgement by defendants of the benefits of their fraud plus prejudgment interest, and civil penalties.