UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15536 / October 20, 1997 Securities and Exchange Commission v. Gary W. Berus, Patricia S. Gale, Robert W. Harper and Nancy A. Swoffer, (United States District Court for the Eastern District of Michigan, Civil Action No. 96-CV-74524) The Securities and Exchange Commission announced that on October 3, 1997, Judge Nancy G. Edmunds of the United States District Court for the Eastern District of Michigan entered an Order of Permanent Injunction (Order) against Patricia S. Gale (Gale) enjoining her from further violations of Sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Securities Act of 1933, Sections 10(b), 15(a)(1) and 15(c)(1) of the Securities Exchange Act of 1934 and Rules 10b-5 and 15c1-2 promulgated thereunder and ordering disgorgement in the amount of $39,939.29, including prejudgment interest, and civil penalties. The Court will set the specific amount of civil penalties in a subsequent hearing. However, since Gale has filed for bankruptcy in the United States District Court for the Eastern District of Michigan, the Commission will not seek to enforce the obligation of Gale to pay disgorgement or civil penalties except in accordance with the United States Bankruptcy Code. Gale consented, without admitting or denying the allegations in the Commission's complaint, to the entry of the Order. The Complaint, filed on September 30, 1996, alleged, among other things, that during the period from 1990 through 1994, Gale, as one of two salespersons for two promoters, participated in a scheme whereby a total of approximately 120 investors were defrauded through the offer and sale of over $3 million in securities. Specifically, Gale offered and sold fictitious certificates of deposit (CDs) issued by a purported international bank, Century Security Bank and Trust, Ltd. (Century Security). Furthermore, in two separate scams, Gale sold interests in two investment clubs, the Profit Masters Group (Profit Masters) and Meca International, Inc. (Meca). In connection therewith, Gale told CD investors that they were purchasing variable rate CDs issued by a legitimate bank, with their money to be used by Century Security to finance various business ventures. The CDs were portrayed as safe investments with significant rates of returns. Investment club investors were told that their funds would be pooled to purchase common stocks. Depending on the investment scam, investors were promised annual returns ranging from 8% to 24%. As a result, investors were persuaded to sell legitimate, conservative investments to finance their Century Security, Profit Masters and/or Meca investments. However, Gale never conducted any investigation into the accuracy of the above representations regarding Century Security, Profit Masters or Meca, but instead simply reiterated the promoters' representations. In reality, Century Security, Profit - 2 - ======END OF PAGE 1====== Masters and Meca were operated as three separate "ponzi" schemes. In each of the three schemes, investor money was deposited into brokerage accounts, bank accounts and a credit union account, all of which were controlled by the promoters. Undisclosed to investors, the promoters then used investor funds to pay personal and business expenses, to make payments to prior investors and to unsuccessfully trade in speculative investments, including commodity futures and options. Consequently, returns to existing investors were dependent upon the ability of the promoters to continually raise additional funds from new investors. Furthermore, in contravention to Gale's representations, Century Security was not even a legitimate banking operation. Finally, Gale failed to disclose to investors the commissions she received from the sale of the above investments. Thus, in connection with the offer, purchase and sale of securities, misrepresentations and omissions of material fact were made regarding the legitimacy of the investments, the returns to be expected, the risks involved, the commissions received and the use of investor proceeds. ======END OF PAGE 2======