UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15619 / January 15, 1998 SECURITIES AND EXCHANGE COMMISSION V. ROBERT C. WILSON, ET AL., Civil Action No. 95-WM-3174 (D.Colorado) UNITED STATES V. ROBERT C. WILSON, Nos. 97-189-CR-T-99 (E) (M.D. Florida) and CR97-178 (C.D. Ca.) The Securities and Exchange Commission announced that on January 12, 1998 Stephen V. Wilson, United States District Judge (C.D.Ca.), sentenced Robert C. Wilson ("Wilson") to a federal prison term of 57 months on his guilty plea to charges in Florida and 46 months on his plea to charges in California. The criminal information filed in the U. S. District Court for the Middle District of Florida in May 1997 charged that Wilson defrauded the United States Employer Consumer Self-Insurance Fund of Florida ("USEC"). Wilson told USEC that the insurance company could increase its return on investments by purchasing U.S. Treasury securities, with some additional capital being contributed by Debenture Guaranty Corp.("Debenture"), an entity controlled by Wilson and Gary C. Long. USEC liquidated $3.4 million in investment assets and transferred the money to Debenture. Wilson then had a stockbroker confirm to USEC that $7.011 million in treasury securities were held in its account. The insurance company was not told, however, that the securities were purchased on margin and that the company's account actually had a value of less than $600,000. Next, Wilson falsely represented to the company that Debenture had erroneously contributed $2.3 million in excess funds to the company's account for the purchase of the treasury securities, and obtained USEC's authorization to wire transfer this money into Debenture's account. Unbeknownst to USEC, the $2.3 million actually was the balance of USEC's own money remaining after the securities had been bought on margin. Wilson later converted these funds obtained from the insurance company to his own use. Wilson was charged in the criminal information filed in the U. S. District Court for the Central District of California in February 1997 with running an advance fee swindle. Wilson told victims in that scheme that their "loan fee" payments were secured by government securities. In fact, Wilson did not obtain loans for his victims, but instead used their fees for his personal expenses. Wilson and others were named as defendants in a parallel civil injunctive action brought by the Commission on December 20, 1995. The Commission's complaint alleges that a number of investors were defrauded by Wilson, Gary F. Long, Samuel L. Boyd, and Debenture Guaranty Corp. in a scheme in which investors were solicited to invest in U.S. Treasury securities, which purportedly would be traded using a proprietary method that would produce unusually high yields. According to the complaint, investors' funds were not, in fact, being invested in any high yield investment program but were being misappropriated after a small portion of ======END OF PAGE 1====== the funds was used to purchase securities on margin. The Commission's complaint further alleges that these misappropriated investor funds were paid for the benefit of various participants in the scheme including Wilson, Long, and Boyd. The Commission obtained a temporary restraining order, a preliminary injunction and an asset freeze against Wilson, Long, Debenture Guaranty, Euro Scotia Funding (USA, Inc.) and Euro Scotia Group, Ltd. in January 1996. Following a three day hearing, the Commission's request for a preliminary injunction and asset freeze as to defendant Boyd and nominal defendants John J. Kenny, Kenny Capital Management, Inc., Nicholson/Kenny Capital Management, Inc., and Kenny Securities Corporation was denied. The Commission's litigation against all of the defendants and nominal defendants in the civil case is ongoing. See Lit. Rel. 14761 (December 20, 1995) ======END OF PAGE 2======