FOR IMMEDIATE RELEASE 99-119 SEC Brings Municipal Fraud Charges Against the City of Miami and Two Former Senior Officials Miami, FL, September 22, 1999 -- The Securities and Exchange Commission today instituted administrative proceedings against the City of Miami (the "City"), Cesar Odio, its former City Manager, and Manohar Surana, its former Director of Finance and Assistant City Manager, (collectively, the "Respondents") to determine whether a cease-and-desist order should be imposed against them for alleged municial securities fraud. The SEC alleges in its administrative order ("Order") that the City, Odio, and Surana committed fraud in violation of the provisions of the Securities Act of 1933 and Securities Exchange Act of 1934. The violations, the SEC says, occurred in the offer and sale of approximately $126 million in municipal bonds issued to the public by the City in three separate offerings between June and December 1995 (the "offerings"). Specifically, the three bond offerings at issue are the: 1. $22.5 million General Obligation Bonds, Series 1995 (Sanitary Sewer System Projects) offered and sold in June 1995 ("Sewer Bond Offering"); 2. $22 million Special Obligation Non-Ad Valorem Revenue Bonds, Series 1995 (Administration Buildings Acquisition Project) offered and sold in August 1995 ("Admin. Building Bond Offering"); and 3. $72 million Special Obligation Non-Ad Valorem Revenue Bonds, Series 1995 (Taxable Pension and Taxable Compensated Absences) offered and sold in December 1995 ("Pension Bond Offering"). The SEC's Order alleges that the Official Statements distributed to investors in the offerings failed to disclose the City's true financial condition at the time of the offerings. Specifically, the SEC alleges that the Official Statements failed to disclose a substantial decline in the City's cash flow position since the close of fiscal year 1994 and that serious consequences could result, including, the possibility that the City would be unable to meet its operating expenses and debt service in fiscal year 1995. The SEC also alleges that the Official Statements failed to disclose that "Operation Right- Size," a program designed to significantly reduce the City's expenditures, was insufficient to remedy its immediate economic problems. The SEC further alleges that the Pension Bond Official Statement failed to disclose that those bonds were being issued in order to address the City's "immediate cash flow requirements." In addition, the SEC alleges that the City and Odio in all three Official Statements, and Surana in the Pension Bond Official Statement, misrepresented that no material adverse change in the City's finances had occurred since the close of fiscal year 1994. The SEC's Order also alleges that the City and Odio committed fraud in violation of the federal securities laws when they disseminated, on or about September 1995, the City's Comprehensive Annual Financial Report for fiscal year 1994 (the "CAFR") to broad segments of the investment community, including investors in its previously issued debt. Specifically, the SEC alleges that the CAFR, like the Official Statements, failed to disclose the City's deteriorating financial condition. Finally, the SEC's Order alleges that the Official Statements for the Sewer Bond and Admin. Building Bond Offerings included general fund budget figures, which falsely represented that the City had achieved a balance budget for fiscal year 1995. In particular, the SEC alleges that the City, Odio and Surana balanced the City's fiscal year 1995 budget by including approximately $9 million in revenues from a federal block grant, which they knew or should have known would not be received by the City in fiscal year 1995. The SEC alleges therefore, that they knew that the City did not have a balanced budget for fiscal year 1995. A hearing will be scheduled to determine whether a cease-and- desist order should be entered against the Respondents. The SEC is not seeking monetary penalties or other financial relief against the individual Respondents or the City. The SEC is continuing its investigation into this matter. For additional information contact: John C. Mattimore Assistant Regional Director (305) 982-6357 Chedly C. Dumornay Branch Chief (305) 982-6377 # # #