SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15894 / September 22, 1998 SECURITIES AND EXCHANGE COMMISSION v. BARNARD SACKETT, JOHN H. SCHRIEK AND ENVIROLAND, LTD., Civ. Action No. 97-5934 U.S.D.C., E.D. Pa. The Commission announced that on September 14, 1998, the Honorable Anita Brody, United States District Court Judge for the Eastern District of Pennsylvania, issued a final judgment that permanently enjoins defendant Barnard Sackett ("Sackett") from committing securities fraud. The Commission's Complaint, which was filed on September 22, 1997, alleges, among other things, that Sackett, together with defendants John H. Schriek ("Schriek") and Enviroland, Ltd. ("Enviroland"), solicited the Bankruptcy Estate for the Foundation For New Era Philanthropy, Inc. in Philadelphia, Pennsylvania, as well as at least one other investor, to invest as much as $100 million in fraudulent "prime bank" securities. The Complaint also alleges that the defendants guaranteed investors the repayment of principal and returns on their investments at the annual rate of at least 360% and as great as 528%. The Commission's Complaint further alleges that the defendants requested that those investors recommend the fictitious "prime bank" securities to hundreds of non-profit organizations and charities that are associated with or creditors of those investors. The final judgment permanently enjoins Sackett from violating Section 17 of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, but does not impose a civil penalty against Sackett based on his demonstrated inability to pay. Sackett consented to the entry of the final judgment without admitting or denying the allegations contained in the Complaint. The Commission's action remains pending against defendants Schriek and Enviroland.