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UNITED STATES SECURITIES
AND EXCHANGE COMMISSION
Litigation Release No. 15197 \ December 19, 1996
SEC v. John D. Lauer, Clifton Capital Investors, L.P., Konex
Holding Corp., Lyle E. Neal, Copol Investments Limited,
Joseph
Polichemi
and Oscar William Olson, Jr., U.S.D.C. N.D. Ill.,
No. 94 C 3770, filed June 21, 1994.
The Commission
announced that on November 27, 1996, the
Honorable Wayne R. Andersen of the United States District Court
for the Northern District of Illinois permanently enjoined
Oscar William
Olson, Jr. (Olson), Defendant Copol Investments
Limited's
(Copol) General Counsel, from future violations of Section
17(a) of
the Securities Act of 1933 (Securities Act) and
Section 10(b)
of the Securities Exchange Act of 1934 (Exchange Act)
and Rule
10b-5 thereunder. In addition,
the Court ordered Olson to
disgorge
$575,000 plus prejudgment interest of $168,000.
Payment
of disgorgement was waived and Olson was not ordered
to pay a
civil penalty, based on his
financial inability to pay. Olson
consented
to the entry of the order without admitting or
denying
the allegations in the Complaint.
The allegations
in the Commission's Complaint charged Joseph
Polichemi (Polichemi), Lyle E. Neal (Neal), John D. Lauer, and
their respective companies, Copol, Konex Holding Corp.
(Konex),
and
Clifton Capital Investors L.P. (CCI), with violations
of Section 17(a) of the Securities Act and Section 10(b)
of the
Exchange Act and Rule 10b-5
thereunder in connection with the
offer
and sale of interests in the Konex Roll Program,
an investment which purportedly was designed to pool investor
funds to purchase and trade in "Prime
Bank Instruments." The
Commission
filed an Amended Complaint which added Olson as
a defendant and charged him with violations of the above-mentioned
antifraud
provisions for his role in the Roll Program.
The Commission's
Complaint alleged that from January 1993 to July 1994, Konex raised at least $12.5 million from the Chicago
Housing Authority (CHA) through
the offer and sale of investment
contracts in the Roll Program. In fact, the purported Roll
Program was nothing more than a scam to defraud investors.
Thus, the
Complaint alleged that Polichemi and Neal, through
their respective companies, made false and misleading statements
regarding
the use of CHA proceeds and the risks and returns associated with the investment. The Complaint further alleged
that Lauer, CHA's Director
of Risk Management and Benefits, among
other
things, made false and misleading statements to
prospective
investors concerning the rate of return the CHA earned
and the
circumstances
under which the CHA invested in the Roll Program.
The Amended Complaint
alleged that Olson, an attorney, ran
the
operations of Copol's London office. He created
and
instituted
the Roll Program with Polichemi and prepared and disseminated to Neal and others the procedures he expected
to be used to carry out the scheme.
He also misappropriated investor
funds for his benefit and for the benefit of his partners in the
scheme. In the process, Olson made false and misleading
statements
to others concerning the existence and legitimacy
of the Roll Program, the use of investor proceeds and the
returns
and
risks of investing in the Roll Program with the
knowledge and
intent that such statements be disseminated to investors.
On June 21, 1994,
Judge Andersen entered an order
temporarily
restraining and enjoining the defendants from
future
violations of the federal securities laws and, among
other things, froze their assets.
On July 29, 1994, the Court entered
an
Order of Permanent Injunction and Other Equitable
Relief by
Default against Polichemi, Neal, Copol and Konex. On
October 24,
1995,
the Court entered an Order of Permanent Injunction
and Other Equitable Relief against Lauer and CCI, including
ordering
them
to pay $4.853 million in disgorgement plus prejudgment
interest. On June 7, 1996, the Court entered an Order
of Preliminary Injunction and Other
Equitable Relief against Olson
and,
by this order, permanently enjoined him. The action
remains
pending to determine the appropriate amount of disgorgement
and civil
penalties to be assessed against Polichemi, Copol,
Neal and
Konex and to collect and distribute disgorged funds
to investors.
In a related criminal
action, On October 22, 1996, the
Honorable William T. Hart of the United States District Court
sentenced Olson, Polichemi, Neal and others for their
criminal
convictions arising from their
involvement in multiple fraudulent
schemes involving "Prime Bank Instruments," including the Konex
Roll Program. Specifically,
Olson was sentenced to serve 121
months
for convictions on three counts of money laundering.
Polichemi was sentenced to serve 210 months for
convictions on
one
count of conspiracy, eight counts of money laundering
and fifteen counts of wire fraud. Neal was sentenced to
serve 235
months for convictions on
one count of conspiracy, five counts of
money
laundering, thirteen counts of wire fraud and
three counts
of perjury. The perjury convictions against Neal resulted
from his
sworn testimony in connection with the Commission's investigation in the Konex Roll Program. In addition, Olson,
Polichemi and Neal were ordered to pay, on a joint and
several
basis,
restitution to investors in the amount of $10
million. The defendants were ordered to surrender
for incarceration on
January 7, 1997.
Lauer is a defendant
in a separate criminal action brought
by
the United States Attorney's Office for the Northern
District
of Illinois. Lauer plead guilty to wire fraud, mail
fraud and
obstruction of justice charges.
To date, Lauer has not been
sentenced.
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