UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15105 / October 2, 1996 Securities and Exchange Commission v. Gary W. Berus, Patricia S. Gale, Robert W. Harper and Nancy A. Swoffer, (United States District Court for the Eastern District of Michigan, Civil Action No. 96-CV-74524) The Securities and Exchange Commission announced that on September 30, 1996, a Complaint was filed in the U.S. District Court for the Eastern District of Michigan against Gary W. Berus (Berus), Patricia S. Gale (Gale), Robert W. Harper (Harper) and Nancy A. Swoffer (Swoffer) seeking an Order of Permanent Injunction, Disgorgement and Civil Penalties based on their violations of Sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5 promulgated thereunder and Gale's and Swoffer's violations of Sections 15(a)(1) and 15(c)(1) of the Exchange Act. The Commission's Complaint alleges, among other things, that during the period from 1990 through 1994, Berus, Harper and their sales agents, Gale and Swoffer, defrauded a total of approximately 120 investors through the offer and sale of $3 million in securities. Specifically, through three separate investment scams, Berus, Harper, Gale and Swoffer offered and sold fictitious certificates of deposit (CDs) issued by a purported international bank, Century Security Bank and Trust, Ltd. (Century Security), and interests in two investment clubs, the Profit Masters Group (Profit Masters) and Meca International, Inc. (Meca). In connection therewith, CD investors were told that they were purchasing variable rate CDs, with their money to be used by Century Security to finance various business ventures. Investment club investors were told that their funds would be pooled to purchase common stocks. Depending on the investment scam, investors were promised annual returns ranging from 8% to 24%. In return for the investments, Berus and Harper generally sent investors confirmations for the funds invested and fictitious monthly and/or annual account statements which lulled investors into believing the legitimacy of the investments. In addition, Berus and Harper sometimes paid investors purported monthly interest on their investments, and, in some instances, returns of portions of their principal. Despite the above representations regarding Century Security, Profit Masters and Meca, however, Berus and Harper did not invest the money as represented. Instead, Berus and Harper simply operated three separate "ponzi" schemes, with Gale and Swoffer their willing agents. In connection with each of the three schemes, investor money was deposited into brokerage accounts, bank accounts and a credit union account, all of which ==========================================START OF PAGE 2====== Berus and/or Harper controlled. Undisclosed to investors, Berus and Harper then used investor funds to pay personal and business expenses, including commissions to Gale and Swoffer, to make payments to prior investors and to unsuccessfully trade in speculative investments, including commodity futures and options. Consequently, returns to existing investors were dependent upon the ability of Berus, Harper, Gale and Swoffer to continually raise additional funds from new investors. Thus, in connection with the offer, purchase and sale of securities, misrepresentations and omissions of material fact were made regarding the legitimacy of the investments, the returns to be expected, the risks involved, the commissions received and the use of investor proceeds. The complaint also names Harper's wife, Marilyn Harper, as a relief defendant. Simultaneous with the filing of the Commission's complaint, the Commodity Futures Trading Commission filed an action against Berus, Gale and Meca for violations of the Commodity Exchange Act.