U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15132 / October 22, 1996 SECURITIES AND EXCHANGE COMMISSION v. BENJAMIN FRANKLIN BUSH, III, and BEN BUSH INVESTMENT MANAGEMENT, INC., a California corporation, Civil Action No. 96-6748 (RSWL) (Ex) (C.D. Cal.) The United States Securities and Exchange Commission announced that on October 4, 1996, the Honorable Ronald S.W. Lew entered a preliminary injunction against the defendants in the above matter. The Commission had previously obtained a temporary restraining order against the defendants on September 26, 1996 to halt an ongoing investment scheme by Los Angeles-based investment adviser Benjamin Franklin Bush, III. The preliminary injunction continues to bar the defendants from committing their fraudulent activities. In its lawsuit, which was filed in the United States District Court for the Central District of California, the Commission informed the Court that Bush had been commingling and misappropriating client funds and had prepared false account statements to conceal his misappropriation. Bush had also used forged brokerage statements to solicit clients' business. In addition, Bush induced several of his clients to purchase Brazilian bonds of uncertain value issued in 1902 and 1915 which Bush keeps in his safety deposit box at his local bank. Bush, through his firm, Ben Bush Investment Management, Inc. located in Pacific Palisades, California, manages approximately $10 million for wealthy and sophisticated clients nationwide. The Commission's complaint alleges, among other things, that from January 1995 through the present, Bush has misappropriated at least $450,000 of his clients' funds. In executing his scheme, Bush allegedly accepts money from clients to purchase investments on their behalf, but does not purchase the investments. Instead, Bush commingles client funds with his own funds in a single corporate bank account which he uses like a private checking account to pay his own expenses, such as rent, alimony and car insurance, and to purchase such personal items as hockey tickets and jewelry. Bush then sends his clients false account statements, fraudulently showing that he had purchased investments on their behalf. As a result of this action, Bush and Ben Bush Investment Management, Inc. are enjoined from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940 ("Advisers Act"), antifraud provisions; Section 206(4) of the Advisers Act and Rule 206(4)-2 thereunder, custody and possession violations; Section 204 of the Advisers Act and Rules 204- 1(b)(2), 204-2(a) and 204-2(b) thereunder, books and records violations; and Section 207 of the Advisers Act, registration filings violations.