==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14938 / June 6, 1996 SECURITIES AND EXCHANGE COMMISSION v. JOSEPH C. PALMISANO 2: 94 CV 205 (D.Vt.) The Securities and Exchange Commission announced that in an Order dated May 29, 1996, the Honorable Franklin S. Billings, Senior Judge for the United States District Court for the District of Vermont, issued a Final Judgment of Permanent Injunction and Other Relief against former Vermont attorney Joseph C. Palmisano. The Judgment, issued after the District Court granted the Commission's Motion for Summary Judgment against Palmisano on April 30, 1996, permanently enjoins Palmisano from violations of the registration and antifraud provisions of the federal securities laws. The Final Judgment also directs Palmisano to pay disgorgement, representing his ill-gotten gains, plus prejudgment interest, totalling $9.1 million, in addition to a civil penalty of $500,000. Palmisano, formerly of Barre, Vermont, was of counsel to Palmisano Associates, a now defunct Berlin, Vermont law firm. The Commission's Complaint, filed on July 14, 1994, alleges that from at least December 1987 through November 1992, Palmisano solicited individuals to purchase investments. According to the Complaint, Palmisano raised approximately $8 million from more than ninety investors. In its decision granting the Commission's Motion for Summary Judgment, the District Court found that Palmisano had failed to demonstrate that there was a dispute of fact to the evidence submitted by the Commission in support of its motion. Those papers show that Palmisano made false and misleading statements to investors, including telling investors their money would be pooled in a fund and used to purchase property and inventory from bankrupt companies at a discount, which would then be resold at a profit. The Commission's papers show that these representations were false. Not only was there no evidence that Palmisano used any investor money to make purchases on behalf of investors, the evidence showed that Palmisano diverted investor money for his personal use, used investors' money to make payments to earlier investors, and commingled investor money with his own. In addition, evidence put forward by the Commission in support of its motion demonstrated that investors in Palmisano's scheme lost large sums of money and some faced foreclosure on their properties. ==========================================START OF PAGE 2====== On September 5, 1995, Palmisano pleaded guilty to criminal charges in connection with the above and was sentenced to 188 months in prison. He is currently serving his sentence. - 2 - The Commission thanks the Office of the United States Attorney for the District of Vermont and the Federal Bureau of Investigation for their assistance in this matter.