==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15127 / October 18, 1996 SECURITIES AND EXCHANGE COMMISSION v. BERBUN ASSOCIATES, INC. and DONALD BUNSIS; CV96-5117 (E.D.N.Y.) The Securities and Exchange Commission ("Commission") announced the filing of a Complaint today in the United States District Court for the Eastern District of New York against Berbun Associates, Inc. ("Berbun") and Donald Bunsis ("Bunsis"), alleging fraud in violation of the federal securities laws. The Commission's Complaint alleges as follows: Bunsis served as Berbun's principal operating officer and, from 1988 through 1993, solicited prospective investors in Berbun. During this same period of time, Bunsis practiced law and accounting at Bunsis & Bunsis, located in Garden City, New York. Bunsis and Berbun raised approximately $2.9 million from investors by representing to prospective investors that: (a) Berbun would invest in secondary residential mortgages; (b) Berbun would pool investors' monies so that each individual investor's monies would not be invested in any one second mortgage; and (c) an investment in Berbun was low risk. Bunsis and Berbun offered prospective investors interest payments ranging from 8 - 12% on their investment. The representations by Bunsis and Berbun were false because Bunsis diverted investor monies to repay certain favored investors, make payments to himself and his firm, make loans to Briarhall Country Club, a business in which Bunsis was a 50% owner, and make an investment in Movie Moguls, Inc., a business in which Bunsis was a part-owner. The Briarhall and Movie Moguls loans were never repaid. As a result, Berbun failed to repay the investments made by many of its investors. The Complaint alleges that Berbun and Bunsis violated Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder and seeks to enjoin him from future violations of these provisions. The Complaint also seeks disgorgement plus prejudgment interest, civil penalties, and an accounting.