UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14971 / July 8, 1996 SEC v. Joseph Brooks, Case No. 96-235-Civ-FTM-23 (M.D. Fla.) The Securities and Exchange Commission announced that on June 27, 1996, the Commission filed a civil injunctive action in the United States District Court for the Middle District of Florida, against Joseph Brooks ("Brooks") of Cape Coral, Florida, alleging violations of the antifraud provisions of the federal securities laws. On December 4, 1995, Brooks pled no contest to a one-count criminal information charging him with first degree grand theft, in connection with the same facts alleged in the Commission's complaint. State of Florida vs. Joseph P. Brooks, Case No. 95-2536 CF (Circuit Court of Lee County, Florida). According to the complaint, between approximately October 1991 and June 1995, Brooks misappropriated approximately $366,300 from eight mostly elderly investors and subsequently used the funds to pay, among other things, his gambling and credit card debts. The complaint alleges that at the time of the misappropriation, Brooks was associated as a salesman with a registered broker-dealer at its Ft. Myers, Florida branch office. The complaint also alleges that Brooks utilized a scheme whereby he opened up bank accounts in his and his customers' names by forging their names on new account documents, forging requests for the release of cash management account funds, and arranging to have the released funds forwarded by check to the addresses he controlled. Specifically, the complaint alleges that Brooks, in order to conceal his misappropriation from the defrauded customers, misled them about their monthly brokerage statements and the existence of their investments. The complaint seeks to enjoin Brooks from 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. The complaint also seeks civil money penalties.