UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16138 Securities and Exchange Commission v. Abacus International Holding Corp. and Arthur Agustin, C99-2191TEH (N.D. Cal.) The Securities and Exchange Commission ("Commission") announced that, on May 11, 1999, it filed a complaint in the United States District Court for the Northern District of California against Abacus International Holding Corp. ("Abacus") and its sole owner and employee, Arthur Agustin ("Agustin"), of Alameda, California. The Commission's complaint alleges that Agustin, acting by and through Abacus, and through Abacus' Internet website which he created, has since July 1998 fraudulently offered and sold "prime bank" securities in violation of the securities registration and antifraud provisions of the Securities Act of 1933 ("Securities Act") and the antifraud and broker-dealer registration provisions of the Securities Exchange Act of 1934 ("Exchange Act"). The Commission's complaint alleges that Agustin created a website, at www.abacusintl.com, through which he and Abacus offer non-existent securities to investors and promise extravagant, risk-free guaranteed returns of 80% per month and higher. Using materials found on other Internet websites, Agustin falsely describes Abacus as an international company with access to a wide variety of investment opportunities when, in reality, it is nothing more than a website operated by Agustin out of his home. The website offers several different investment programs, descriptions of which Agustin also obtained from other websites, all of which bear the indicia of prime bank securities. The complaint alleges that Agustin, through Abacus and the website, has made numerous material misrepresentations and omissions concerning the offered investments. Most importantly, the defendants falsely suggest that prime bank securities exist, when they do not. As a result of these fraudulent statements, at least one investor sent Agustin $170,000, and was induced by Agustin to send an additional $80,000 to a third party. Agustin misappropriated at least $60,000 of the investor's funds for his own use. The complaint seeks to permanently enjoin the defendants from future violations of Sections 5(c) and 17(a) of the Securities Act, and Sections 10(b) and 15(a) of the Exchange Act and Rule 10b-5 thereunder. The complaint also seeks disgorgement and civil penalties from each of the defendants.