==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Litgation Release No. 14875 / April 15, 1996 Accounting and Auditing Enforcement Release No. 772 / April 15, 1996 SECURITIES AND EXCHANGE COMMISSION v. THE BENNETT FUNDING GROUP, INC., PATRICK R. BENNETT, BENNETT MANAGEMENT AND DEVELOPMENT CORPORATION, BENNETT RECEIVABLES CORPORATION AND BENNETT RECEIVABLES CORPORATION-II, 96 Civ. 2237 (S.D.N.Y.)(JES) IN RE: THE BENNETT FUNDING GROUP, INC., BENNETT RECEIVABLES CORPORATION, BENNETT RECEIVABLES CORPORATION II, AND BENNETT MANAGEMENT AND DEVELOPMENT CORP., CASE NOS. 96-61376, 61377, 61378, 61379 (Bankr. N.D.N.Y.) On March 28, 1996, The Bennett Funding Group, Inc., ("BFG"), a finance company headquartered in Syracuse, New York, Patrick R. Bennett, the chief financial officer of BFG, two of BFG's wholly- owned subsidiaries, Bennett Receivables Corporation ("BRC") and Bennett Receivables Corporation-II ("BRC-II"), and Bennett Management and Development Corporation ("BMDC"), were charged with fraudulently offering and selling more than $570 million of securities. The Commission's Complaint alleges that since 1991, the defendants have been engaged in a massive ongoing "Ponzi" scheme, employing misstatments and omissions of material fact. The securities were supposed assignments of equipment leases ("Lease Assignments"), as well as promissory notes ("Notes") issued by BFG, BRC, or BRC-II. The Commission alleges that Patrick Bennett and the other defendants defrauded investors by selling tens of millions of dollars of Lease Assignments for office equipment leases that simply did not exist, including the assignment of over $55 million of fictitious and supposedly tax-exempt New York City Transit Authority leases. The Commission further alleges that in cases where the defendants did have an underlying lease, the defendants sometimes fraudulently purported to sell to investors leases they had already sold to other investors. The Commission's Complaint alleges that Patrick Bennett, BFG and BMDC also engaged in numerous sham transactions that enabled BFG to issue audited financial statements for 1992 and 1993 showing it to be a profitable company, when in fact it was losing money. In 1992 BFG reported pre-tax income in excess of $2 million, when it should have shown a net loss of at least $1.5 million. Similarly, in 1993, BFG reported pretax income in excess of $2.6 million, when it should have shown a net loss of at least $2.5 million. The Complaint alleges that these transactions were facilitated by false invoices and other documents that Patrick Bennett caused to be created, and that Patrick Bennett and BFG lied to the company's auditors to conceal the fraud. The Complaint alleges that the fraudulent financials were included in the offering documents provided to investors in connection with the sale of an estimated $150 million in Notes. ==========================================START OF PAGE 2====== Moreover, the Commission alleges that defendants failed to disclose that millions of dollars collected from investors were - 2 - being diverted from BFG to Patrick Bennett and to BMDC, a shell company that he owns. The Commission alleges that during the three-year period from 1992 through 1994, a total of more than $900 million was transferred to BMDC from BFG's general operating account -- an account funded, in part, with the proceeds of the sale of BFG Lease Assignments and Notes. The Complaint alleges that since 1992, BMDC has paid Patrick Bennett over $10 million, and BMDC has also paid over $30 million to various people and entities connected to Patrick Bennett and members of his family. The Commission seeks permanent injunctions against future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder ("anti-fraud provisions"), disgorgement of all ill-gotten gains plus prejudgment interest, and civil penalties. On March 29, 1996, the four corporate defendants, BFG, BMDC, BRC and BRC-II, filed for protection pursuant to Chapter 11 of the Bankruptcy Code. On April 11, 1996, the U.S. Bankruptcy Court for the Northern District of New York granted the Commission's motion for the appointment of a chapter 11 trustee to administer the Bennett bankruptcy cases. Patrick Bennett has agreed, by stipulation, to an asset freeze and a temporary injunction enjoining him from violations of the antifraud provisions of the federal securities laws, pending hearing and determination on the Commission's application for a preliminary injunction, now scheduled for July 23, 1996.