==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. LITIGATION RELEASE NO. 15116 / October 9, 1996 SECURITIES AND EXCHANGE COMMISSION v. MONARCH FUNDING CORP. et al., 85 Civ. 7072 (S.D.N.Y.) The Securities and Exchange Commission announced that on October 3, 1996, the Honorable Leonard Sand, U.S. District Judge for the Southern District of New York, issued an opinion and judgment against the final two defendants, Richard Bertoli and Richard Cannistraro, in a fraud action brought by the Commission in 1985. In addition to granting injunctive relief, the Court ordered Bertoli to disgorge $1,466,000 in profits and $1,076,079.16 in prejudgment interest. In 1985, the Commission charged Bertoli, Cannistraro, two other individuals, and one corporate entity with fraud and registration violations arising out of their manipulation of the stock of two issuers, Liquidation Control, Inc. and Toxic Waste Containment, Inc. The civil litigation was stayed from 1987 through 1993 pending a criminal proceeding against Bertoli. On June 24, 1996, the Court granted the Commission's motion for summary judgment as to fraud against both defendants, based upon Cannistraro's admissions in his plea allocution to charges of securities fraud, conspiracy to defraud the United States, illegal transportation of stolen money, mail fraud, and obstruction of justice, and the findings of the criminal court in sentencing Bertoli for obstruction of justice. The other three defendants in the Commission's action previously entered into settlements with the Commission whereby they were enjoined from further violations of the relevant provisions of the securities laws. Two of the defendants agreed to be barred from association with any broker, dealer, investment company, investment adviser, and municipal securities dealer. In addition, the Commission has instituted an administrative proceeding to determine what remedial sanctions, if any, are appropriate against Richard Cannistraro based on his criminal convictions and the entry of the injunction. (See Administrative Proceeding File No. 3-9140)