UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 16129 \ April 30, 1999 SECURITIES AND EXCHANGE COMMISSION v. SCOTT L. KLION, individually and d/b/a CEN-TEX ALCHEMY GUILD, and ELIZABETH ALANIZ, W98-CA-186, USDC, WD/TX (Waco Division) On April 23, 1999, after issuing his findings of fact and conclusions of law on March 22, 1999, Walter S. Smith, United States District Judge for the Western District of Texas, granted the Commission’s motion for summary judgment and entered a Final Judgment against Scott L. Klion ("Klion"), individually and doing business as Cen-Tex Alchemy Guild, and Elizabeth Alaniz ("Alaniz"). Judge Smith found, among other things, that offering materials, newsletters and account statements prepared by Klion and Alaniz, and used by them in the offer and sale of Cen-Tex securities, were rife with false, misleading or incomplete statements of material fact. He also found that a significant portion of the money the defendants raised from investors was spent on "Ponzi" payments to other investors, and for Klion’s and Alaniz’s personal expenses. In its summary judgment motion, the Commission demonstrated that Klion and Alaniz were responsible for, and implemented, an international investment scheme that defrauded over 1,400 victims of nearly $3 million. The Commission further established that the defendants falsely represented to investors that Cen-Tex would invest their money in currency trading programs, and other undisclosed investment activities, that would generate gross returns of 400% per annum (or more, in limited circumstances), and that investors would receive "safe, guaranteed" returns -- payable in monthly dividends, or allowed to accrue and compound -- ranging from 80% to 200% annually. In reality, the trading programs did not exist, and Klion and Alaniz used funds from current investors to pay purported monthly "dividends" to prior investors in an obvious "Ponzi" scheme, and for their own purposes. The Final Judgment permanently enjoins Klion and Alaniz from future violations of the antifraud provisions of the federal securities laws found in Section 17(a) of the Securities Act of 1933, and Section 10b-5 of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Court also terminated Klion’s and Alaniz’s right, title or interest in any funds or properties held by the court-appointed receiver, ordered Klion and Alaniz, jointly and severally, to pay disgorgement in the amount of $1,172, 759.21, plus prejudgment interest of $119,815.21, and assessed a $110,000 civil penalty against each defendant.