SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15916 / September 30, 1998 SECURITIES AND EXCHANGE COMMISSION v. BING SUNG (United States District Court for the District of Massachusetts, C.A. No. 98-cv- 11985 (WGY)) The Commission announced today that it filed an action in Massachusetts District Court against Bing Sung, the former chief investment officer of RhumbLine Advisers, a Boston, Massachusetts investment adviser, charging that Sung engaged in unauthorized trading in two of RhumbLine's clients' accounts, the AT&T Corp. pension fund and the Massachusetts Pension Reserves Investment Trust. The Commission's Complaint alleges that, as the losses mounted, Sung repeatedly misled AT&T about the performance of the account in an effort to conceal losses. In 1996, the AT&T account sustained losses of $150 million, and the PRIT account sustained losses of $12 million, caused, in large part, by Sung's unauthorized trading. AT&T and PRIT both were clients who participated in an options trading program developed and managed by Sung. Both clients had written risk-limiting guidelines which prohibited Sung from writing unhedged options (AT&T and PRIT) and in-the- money options (AT&T), and which employed various mechanisms to limit the number of options contracts he could write. Beginning in early 1995, stock market increases caused the options trading program to sustain losses. According to the Complaint, to make up losses, Sung began to deviate from the clients' written guidelines by writing unhedged and in-the-money options, and by writing drastically more options than permitted. The Complaint alleges that starting in November 1995, Sung, using false information surreptitiously obtained from AT&T, applied for and obtained exemptions from the Chicago Board Options Exchange and the Philadelphia Stock Exchange which allowed him to trade well in excess of the limits in the guidelines. Between July and September of 1996, according to the Complaint, Sung increased the magnitude and riskiness of his trading. The Complaint alleges that, in the AT&T account, he wrote unhedged and in-the-money options, as well as options against hundreds of millions of dollars of volatile stock indices, in violation of account guidelines. In the PRIT account, he wrote more options than permitted. Further, the Complaint alleges that, during the third quarter of 1996, Sung repeatedly misrepresented, concealed and failed to disclose these losses to AT&T. On several occasions, he provided false performance reports to representatives of AT&T, which understated losses by millions of dollars. The Commission's Complaint alleges that Sung violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and that he aided and abetted violations of Sections 206(1) and 206(2) of the Investment Advisers Act of 1940. In a related matter, the Commission also announced that it instituted and simultaneously settled an administrative proceeding against RhumbLine and its chief executive officer, John D. Nelson, for failing to supervise Sung. The Commission's Order found that Nelson and RhumbLine failed to detect and deter Sung's unauthorized trading, despite red flags which should have alerted them. Further, RhumbLine had no controls or procedures for reviewing Sung's trading or his performance reports. RhumbLine has agreed to a censure, certain undertakings and a penalty of $50,000. Nelson has agreed to a suspension and a penalty of $10,000.