==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. LITIGATION RELEASE NO. 15108 / October 3, 1996 UNITED STATES v. MICHAEL TROPIANO (D.N.J.) The Securities and Exchange Commission and the U.S. Attorney for the District of New Jersey announced that on October 3, 1996, Michael Tropiano, 36, of Haddonfield, New Jersey, pled guilty to a seventy-count information charging him with mail fraud, securities fraud, commodities fraud, and tax evasion, arising out of Tropiano's operation of a fraudulent investment scheme in non- existent commodity pools. Tropiano faces a maximum term of imprisonment of five years on each of the mail fraud, commodities fraud, and tax evasion charges, and a maximum term of imprisonment of ten years on the securities fraud charge, along with a maximum fine of approximately $4.8 million. Sentencing has been scheduled for January 3, 1997. The Securities and Exchange Commission and Commodity Futures Trading Commission filed a joint civil injunctive action in U.S. District Court for the District of New Jersey on January 11, 1996, based on the same course of conduct alleged in the criminal action. Tropiano was charged with violations of the antifraud, securities registration, broker-dealer registration, and commodity pool operator registration provisions of the Securities Act of 1933, Securities Exchange Act of 1934, and Commodity Exchange Act. Simultaneously with the filing of the action, Tropiano consented to the entry of a Preliminary Injunction enjoining him from engaging in violations of those provisions, freezing his personal assets as well as all investor funds in his possession or under his control, and ordering him to account for the use of investor funds. (See Litigation Release No. 14778) The Commission's Complaint alleged that, between 1990 and 1995, Tropiano raised approximately $2.9 million from 118 investors. After initially conducting some commodity futures trading, Tropiano ceased all trading activity, generated false account statements reflecting fictitious profitable trades and continued to raise money from investors by falsely representing that he had engaged in profitable trading. He misappropriated ==========================================START OF PAGE 2====== the investor funds for his personal use.