UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15684 / March 26, 1998 SECURITIES AND EXCHANGE COMMISSION v. CHRISTIAN SCHINDLER, a/k/a "RUDOLPH GERNER" a/k/a "RUDY GERNER," INTER CAPITAL BROKERAGE, INC., INTERCAP FOREX BROKERAGE, INC., and INTER-CAPITAL BROKERAGE U.S.A. INC. 98 Civ.1460 (MP) (S.D.N.Y.) The Securities and Exchange Commission ("Commission") announced that it has obtained a preliminary injunction and other relief against an Austrian national and three of his companies, which perpetrated, from the United States, a multi-million dollar affinity fraud targeted primarily at German-speaking Europeans. The order, issued by the United States District Court for the Southern District of New York, among other things (1) preliminarily enjoins the defendants from committing securities fraud, in violation of Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5; (2) continues the previously-ordered freeze of the defendants' assets; (3) appoints a permanent receiver over the defendants; and (4) directs the defendants to repatriate assets transferred overseas. The Commission's Complaint in the action names the following defendants: Christian Schindler, a/k/a "Rudolph Gerner" a/k/a "Rudy Gerner" ("Schindler"), who is 35 years of age, and is last known to have resided in Miami Beach, Florida. Inter Capital Brokerage, Inc. ("ICB"), which falsely holds itself out as a large brokerage firm with offices throughout the United States, including New York, New York and Miami, Florida. Intercap Forex Brokerage, Inc. ("ICF"), which is incorporated under the laws of the Turks and Caicos Islands, British West Indies, with offices located in Miami, Florida. Inter-Capital Brokerage U.S.A. Inc. ("ICB-USA"), which is incorporated under the laws of Delaware and has offices in Miami, Florida. According to the Complaint: Schindler, who is using "Gerner" as an alias, was convicted in Germany, in or about 1995, of felony criminal fraud in the offer, purchase and sale of securities and commodities to investors, and is permanently enjoined from violating the antifraud and other provisions of the Commodity Exchange Act. Since at least October 1996, Schindler, and ICB, ICF, and ICB-USA (the "Intercap Companies"), three Schindler-controlled entities that are engaged in the solicitation, pooling and investment of customers' funds in the securities, commodities and foreign exchange markets, have fraudulently obtained at least $5.8 million from at least forty European investors. Schindler and the Intercap Companies, through false and misleading representations, induce investors to give them money to make various investments, in or through the Intercap Companies, in, among other things, United States Treasury bonds, which the defendants refer to as "T-Bonds," publicly traded stock which defendants refer to as "S&P stocks," and stock in one or more of the Intercap Companies. Schindler and the Intercap Companies have been misusing the investors' money by, among other things, transferring investor funds overseas and diverting at least hundreds of thousands of dollars to the benefit of Schindler and the Intercap Companies. Among the false and misleading statements that Schindler and the Intercap Companies made to investors are misrepresentations or omissions about (1) Schindler's identity, and his criminal and disciplinary history; (2) the returns investors would obtain on their investments; (3) the safety and liquidity of the investments offered; (4) the types of investments defendants would make with investors' money; and (5) purported troubles involving the SEC. The court issued the preliminary injunction after holding an evidentiary hearing on March 23, 1998. The court heard testimony about representations that Schindler and others made from the United States concerning the investments they were offering and selling. Although counsel for the Intercap Companies attended the hearing and opposed the Commission's application, Schindler was absent and has failed to appear in the litigation to date. The court found that there was a likelihood that the Commission would succeed in proving violations of the antifraud provisions of the federal securities laws at any ultimate trial on the merits. On February 26, 1998, the day the Commission commenced this action, the court issued an order temporarily restraining defendants from further violating the antifraud provisions of the federal securities laws, temporarily freezing defendants' assets, and granting other emergency relief pending the determination of the Commission's preliminary injunction application. On March 5, 1998, the court granted the Commission's application for the appointment of Andrew E. Tomback to serve as a temporary receiver over the defendants. Pursuant to the preliminary injunction order, Mr. Tomback will continue as permanent receiver. The Commission's suit remains pending.