SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15979/November 18, 1998 SECURITIES AND EXCHANGE COMMISSION v. ANTHONY GIANNINOTO AND EILEEN LAINE, 98 Civ. 5207 (MTB)(D.N.J.) The Commission announced that it filed today a second Complaint in federal court in Newark, New Jersey charging two additional people in connection with a Ponzi scheme through which more than 1700 investors were defrauded of over $100 million. In its first Complaint, filed in March 1997, the Commission charged First Interregional Equity Corporation ("FIEC"), First Interregional Advisors Corporation ("FIAC") and Richard Goettlich, the president of FIEC and FIAC, with securities fraud in connection with the offer and sale of securities in the form of assignments of equipment leases. Named in the Complaint filed today are: Anthony Gianninoto, a 50 year old resident of Tewksbury, New Jersey, who, during the time period of the events alleged in the Complaint, was FIEC's controller and financial operations principal and FIAC's vice president, secretary and treasurer; and Eileen Laine, a 46 year old resident of Millburn, New Jersey, who, during the time period of the events alleged in the Complaint, was the data processing manager at FIEC and worked at FIAC in a similar capacity. The Complaint alleges that Anthony Gianninoto and Eileen Laine were major participants in the fraud in which FIAC, FIEC and their principals sold to investors all right, title and interest in equipment leases that had already been sold or were going to be sold to other investors. The Complaint further alleges that, in conjunction with others at FIAC, Anthony Gianninoto planned the multiple sale of lease assignments, supervised the creation and dissemination of materially false documents that were sent to investors and coordinated the financial aspects of the fraud to ensure that it would go undetected. The Complaint alleges that Eileen Laine falsified FIEC's internal books and records, created and disseminated to investors materially false and misleading documents, and diverted money that had been provided by investors to purchase lease assignments. From in or about 1992 through March of 1997, FIEC and FIAC sold nearly $300 million from the sale of lease assignments investors--a sum that exceeded by more than $100 million the value of those securities that FIAC and FIEC had to sell. The Complaint also alleges that Anthony Gianninoto and Eileen Laine committed securities fraud in connection with a second scheme in which investor bonds were misappropriated in order to generate money to fund the lavish life styles of FIEC and FIAC principals and employees, including Gianninoto and Laine. The Commission alleges that over $20 million in bonds were misappropriated from the accounts of FIEC customers and that, in an effort to perpetuate this fraud, Anthony Gianninoto and Eileen Laine kept track of the misappropriated bonds and diverted illegal proceeds in a manner that led investors to think that the bonds were still in their accounts and that they were receiving their monthly interest payments. In addition, the Complaint alleges that Anthony Gianninoto and Eileen Laine created and disseminated to investors materially false documents, including customer account statements, and illegally altered the books and records of FIEC and FIAC. As a result of the foregoing, the Commission alleges that Anthony Gianninoto and Eileen Laine violated Section 17(a) of the Securities Act of 1993, 15 U.S.C. 77q(a), Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b) and Rule 10b-5, 17 C.F.R. 240.10b-5. The Commission further alleges that pursuant to Section 20(f) of the Exchange Act, 15 U.S.C. 78t(f), Anthony Gianninoto and Eileen Laine are liable for aiding and abetting certain books and records violations under Section 17(a) of the Exchange Act and Rules 17a-3 and 17a-11, thereunder. The Commission seeks a Final Judgment against Anthony Gianninoto and Eileen Laine: (i) enjoining them from future violations of the above-cited provisions; (ii) directing a verified accounting; (iii) requiring the disgorgement of all of their ill-gotten gains, plus pre-judgment interest; and (iv) assessing civil penalties against them. The litigation is pending as to all defendants. For more information see Litigation Release No. 15276.