=========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14869 / April 10, 1996 SECURITIES AND EXCHANGE COMMISSION v. MICHAEL ANTHONY PIERCE AND JOCELYN JANE O'ROURKE (United States District Court for the District of Massachusetts, C.A. No. 96-10600-RCL) The Commission announced that on April 9, 1996, the Honorable Reginald C. Lindsay of the U.S. District Court for the District of Massachusetts entered a temporary restraining order against Michael Anthony Pierce ("Pierce") d/b/a Pierce & Associates and Jocelyn Jane O'Rourke ("O'Rourke"), both residents of Worcester, Massachusetts, restraining them from continuing their misappropriation of clients' funds and requiring them to repatriate all misappropriated client funds. The emergency asset freeze of the defendants' assets ordered by the Court on March 22, 1996 continues to be in effect. The Commission's complaint alleges that, in violation of the federal securities laws, Pierce and O'Rourke repeatedly took assets that investment advisory and securities brokerage clients had entrusted to them and, instead of investing the assets as directed, converted the funds to the Defendants' own personal use. At least $1.7 million was thus misappropriated from at least 23 clients over a five year period. Since both Defendants failed and refused to provide information during the Commission's investigation, the amount of losses and the number of victims may be substantially higher. In an attempt to conceal the fraud, Defendant Pierce created and sent to the clients false account statements, fictitious contracts and other misleading documents. Both Defendants caused periodic payments to be made to certain clients to make it falsely appear that their funds had been invested as directed. Both Defendants Pierce and O'Rourke are charged with violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and Defendant Pierce is charged with violating Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. On March 22, 1996, the Court issued, ex parte and under seal, an order freezing all assets of the Defendants. The Court lifted its seal on March 25, 1996. In its complaint, the Commission also seeks preliminary and permanent injunctions, disgorgement of ill-gotten gains, civil monetary penalties, and other equitable relief. For further information please see Litigation Release No. 14855.