==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15122 / October 15, 1996 SECURITIES AND EXCHANGE COMMISSION v. KENT A. AHRENS, Civil Action No. 1 96 CV 1854 (J. Rambo) (M.D.Pa. October 10, 1996) On October 15, 1996, the Commission filed an action against Kent Ahrens, a trader at First Capital Strategists, an investment adviser located in York, Pennsylvania. The complaint alleged that, from 1992 through 1995, Ahrens knowingly engaged in unauthorized trading that resulted in a loss of $137.6 million to First Capital's client, The Common Fund. The Common Fund, a Westport Connecticut firm, manages investment money for approximately 1,400 colleges and universities in the United States. According to the complaint, Ahrens was primarily responsible for First Capital's equity index arbitrage program, a low-risk market-neutral strategy in which options or futures contracts are bought or sold and hedged with an offsetting position in stocks. In its complaint, the Commission alleged that, sometime in 1992, Ahrens incurred a loss in The Common Fund's account and, without disclosing the loss to First Capital or The Common Fund, attempted to recoup the loss by putting on uncovered short positions in the hopes the stock market would decrease in value. From 1992 through June 1995, the stock market average continued to rise, pushing The Common Fund's ultimate loss to $137.6 million, according to the complaint. Ahrens allegedly concealed his unauthorized trading and the massive losses from First Capital and The Common Fund. As a result of his alleged fraudulent activity, Ahrens earned approximately $455,465 in commissions he was not entitled to receive. Kent Ahrens consented, without admitting or denying the allegations, to the entry of a permanent injunction against violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1) and (2) of the Investment Advisers Act of 1940. Ahrens also consented to disgorge $182,000 of the $455,465 he earned in commissions on the unauthorized trading. Pursuant to the settlement, the Court would waive some of Ahrens' disgorgement obligations and is not ordering Ahrens to pay a civil penalty based upon his representations to the Commission concerning his financial condition. As part of his settlement, Ahrens has agreed to consent to the entry of an order permanently barring him from acting as a broker, dealer, investment adviser, or municipal securities dealer. In related matters, the United States Attorney for the Middle District of Pennsylvania filed today a felony information charging Ahrens with one count of wire fraud, and the Commodity ==========================================START OF PAGE 2====== Futures Trading Commission filed a civil action in the Middle District of Pennsylvania. The Commission's investigation is continuing.