UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15107 / October 3, 1996 SECURITIES AND EXCHANGE COMMISSION v. RONALD A. MONZIONE, ET AL., (N.D. ILL., CIVIL ACTION NO. 96 C 6353, FILED SEPTEMBER 30, 1995) The Securities and Exchange Commission (Commission) today announced the filing of a Complaint on September 30, 1996, in the United States District Court for the Northern District of Illinois, in Chicago, seeking an order of permanent injunction, disgorgement and civil penalties against Ronald A. Monzione (Monzione), James D. Rocco (Rocco) and Arthur R. Lapka (Lapka). The Complaint alleges that Monzione, Rocco and Lapka made misrepresentations and omissions to investors in order to sell at least $24 million worth of unregistered securities in the form of interests in a stock investment fund, interests in a real estate investment fund, and certificates of deposit, in violation of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Sections 10(b), 15(a)(1) and 15(c)(1) of the Securities Exchange Act of 1934 and Rules 10b-5 and 15c1-2 thereunder. The Complaint alleges, among other things, that from approximately 1983 through August 1992, Monzione and Rocco used First Chicago Group Inc. (First Chicago Group), an unincorporated entity, to issue and promote the sale of at least $10 million in unregistered securities in the form of interests in a stock investment fund called Capital Appreciation Portfolio (CAP) and, from 1988 through August 1992, to issue and promote the sale of at least $600,000 in the form of unregistered securities in the form of interests in a real estate investment fund named Unified Income Properties (UIP). The Complaint also alleges that from February 1991 through August 1992, Monzione and Rocco used First Chicago Group to issue and promote the sale of at least $14 million of unregistered securities in the form of certificates of deposit (FCG CD's). It alleges that Lapka acted as a salesmen for First Chicago Group and, along with Monzione and Rocco, sold these securities to investors. The complaint also alleges that the Defendants falsely told investors that CAP was a private limited partnership investment club that used investor funds to purchase "blue chip" stocks. In addition, the Complaint alleges that the Defendants falsely told investors that UIP would pool investor funds and reinvest them in prime residential income producing properties. Further, it alleges that the Defendants falsely told FCG CD investors that their funds would be used to purchase interests in FDIC insured jumbo certificates of deposit. In fact, the Complaint alleges, Monzione and Rocco operated a Ponzi scheme and did not use CAP investor funds to invest in stock, UIP investor funds to purchase income producing real estate or FCG CD investor funds to purchase FDIC insured jumbo certificates of deposit. It alleges that, instead, Monzione and Rocco used investor funds to pay other investors, for their personal purposes and to purchase Monzione a residence.