|
UNITED STATES SECURITIES
AND EXCHANGE COMMISSION
LITIGATION RELEASE
NO. 16000 / December 14, 1998
SECURITIES AND
EXCHANGE COMMISSION v. TWO-THIRDS INTERNATIONAL
INC., PETER J. ZACCAGNINO III, JOHN L. KLEIN a/k/a
JOHN KLEIN LOFFREDO, MERRILL H. KLEIN AND STERLING
INTERNATIONAL BAHAMAS LTD., No. 98-1324-Civ. ORL-18A
(USDC M.D. Fla./Orlando Division)
The Commission
announced today that the U.S. District Court for
the Middle District of Clorida issued a preliminary
injunction in a pending action involving the fraudulent
sale and valuation of historical bonds, including
bonds issued in the 19th century by now defunct
railroads and allegedly backed by gold. Following
a hearing, Judge G. Kendall Sharp entered the
preliminary injunction, including an asset freeze,
on December 14, 1998 against Two-Thirds International,
Inc. ("TTI") and its president, Peter
J. Zaccagnino III, of Kissimee, Florida, and Sterling
International Bahamas Ltd. ("Sterling"),
and its officers, John L. Klein ("J. Klein")
and Merrill H. Klein ("M. Klein") of
Miami, Florida. The order, which continues the
Court's temporary restraining order entered on
December 1, 1998, prohibits TTI and Zaccagnino
from offering and selling the bonds as investment
quality instruments or offering to place the bonds
in prime bank-type "trading programs."
Additionally, the order prohibits J. Klein, M.
Klein and Sterling from preparing and disseminating
fraudulent authentication and valuation documents
relating to the historical bonds.
The order entered
by Judge Sharp contains preliminary findings,
including that Zaccagnino and TTI represented
to investors that the historical bonds at issue
had value as investments and could be placed in
prime bank-type trading programs, purportedly
approved by the Federal Reserve Board, that would
generate exorbitant rates of return. The order
also found that M. Klein, J. Klein and Sterling
issued valuations stating that individual historical
bonds were worth between $492,000 and $10.8 billion.
The order also found that, in fact, the bonds
had value only as historical memorabilia and the
prime bank trading programs touted by Zaccagnino
and TTI were fictitious. The Court concluded that
the Commission established a prima facie case
that TTI, Zaccagnino, J. Klein, M. Klein and Sterling,
through their false and misleading statements,
violated Section 10(b) of the Securities and Exchange
Act of 1934 and Rule 10b-5 thereunder and/or Section
17(a) of the Securities Act of 1933.
The Commission's
complaint alleged that Zaccagnino and TTI raised
approximately $4.8 million through the sale of
the bonds to scores of investor at prices up to
$330,000 each, and that Zaccagnino and TTI falsely
represented that the bonds were worth up to $908
million each. The complaint included allegations
that J. Klein and M. Klein misrepresented their
qualifications as appraisers as well as the nature
of the process used to "authenticate"
the bonds prior to valuation, and that, for their
services, J. Klein, M. Klein and Sterling were
paid $1,500 per valuation and received a total
of approximately $400,000 between April and October
1998.
In the preliminary
injunction, Judge Sharp continued the asset freeze
and other provisions of the previously issued
temporary restraining order as to the two named
relief defendants, Best Systems, Inc. and Wonder
Glass Products, Inc. The Commission's complaint
alleged that the two entities received a total
of more than $1.5 million in investor proceeds
from the fraud.
This is the fourth
civil injunctive action filed by the Commission's
Central Regional Office to halt the fraudulent
sales of historical bonds of United States railroads
and other entities. SEC v. Daniel E. Schneider
et al., Civ. No. 98-CV-14-D (D. Wyo.; preliminary
injunction issued Feb. 13, 1998); SEC v. Albert
E. Carter et al., No. 98CV-0440B (D. Utah; complaint
filed June 18, 1998); SEC v. Gerald A. Dobbins
et al., No. 98-229 (C.D. Cal.; preliminary injunction
issued May 19, 1998).
Various law enforcement
agencies worked closely with the Commission in
obtaining emergency relief in this matter. The
Commission wishes to thank both the Bureau of
the Public Debt of Department of Treasury, and
the Division of Banking Supervision and Regulation
of the Board of Governors of the Federal Reserve
System for their assistance in this matter.
|