SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15709 / April 20, 1998 SEC v. Banner Fund International, Civil Action No. 94-342 (EGS) ( D.D.C.) The Securities and Exchange Commission announced today that on April 15, 1998, The Honorable Emmet Sullivan, United States District Judge for the District of Columbia, granted the Commission's motion for default judgment against relief defendants Precision Trust, Automotive Concepts (Trust), Academy Equities Trust, Hermes Leasing Trust and Fulfillment Center Trust, and ordered them to disgorge a total of $760,500, plus prejudgment interest of $329,822.74. The Court found that these sums represented proceeds from the fraud perpetrated on thousands of United States investors by defendants Banner Fund International, Swiss Trade & Commerce Limited Trust, Lloyd Winburn and Eddy Blackwell, which the relief defendants held in constructive trust for the benefit of the defrauded investors. In two prior rulings, the Court had ordered Banner Fund, Swiss Trade, Winburn and Blackwell to disgorge $6.5 million they raised from investors, plus prejudgment interest. From late 1992 through 1994, defendants Winburn and Blackwell, both United States citizens operating first out of Aruba and later from Belize, offered and sold investments in the Banner Fund International Offshore Arbitrage Leveraging Program, which they advertised as an opportunity for the "little guy" to take advantage of "phenomenal" opportunities in the financial markets. Through the vehicle of Banner Fund, under the management of Swiss Trade, Winburn and Blackwell claimed that investors' funds would be leveraged into large profits with little or no room for loss. In fact, after raising at least $6.5 million from mailings targeted primarily at unsophisticated investors with small amounts of capital to invest, defendants failed to engage in any leverage or arbitrage activity, but instead spent the money on real estate and a shrimp farm in Belize, and on trusts in the United States engaged in lending money to defendants' relatives and friends. The trusts were named as relief defendants in an amended complaint filed September 12, 1997. For further information, see Litigation Release Nos. 15689, 15311.