SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15737 / May 14, 1998 SEC v. THE BETTER LIFE CLUB OF AMERICA, INC., and ROBERT N. TAYLOR, United States District Court for the District of Columbia, Civ. No. 95-1679 (TFH); MICHAEL MISSAL, Receiver, v. JAMES E. WASHINGTON et al., United States District Court for the District of Columbia, Civ. No. 97-982 (TFH). The United States District Court for the District of Columbia has granted summary judgment to Michael J. Missal, the court-appointed receiver for the Better Life Club of America, Inc., in his lawsuit against James Washington, Jacob Haynes, Dreams Unlimited, and Concepts Unlimited (the Dreams Defendants ). Judge Thomas F. Hogan ordered the Dreams Defendants to pay to the receiver all of the profits they made from investing in the Better Life Club Advertising Pool, a Ponzi scheme in which thousands of investors lost more than $26 million. Judge Hogan found that these defendants received at least $2.7 million. All of the moneys recovered will be added to the pool of funds that will be distributed to the victims of the Better Life Club Ponzi scheme. Not including the amounts to be repaid by the Dreams Defendants and others who have been ordered to disgorge investor funds, that pool currently contains approximately $2.4 million. In his decision, which was issued on April 17, 1998, Judge Hogan found that the Dreams Defendants, on behalf of themselves and their family and friends, invested more than $5 million in the Better Life Club Advertising Pool from February 1994 through August 1995. Although the Better Life Club promised to pay the Dreams Defendants a 100 percent return in 60 days, they promised their own investors a 50 percent return in 75 days. The Court found that the Dreams Defendants received a total of at least $7.7 million from the Advertising Pool, for a profit of at least $2.7 million. Noting that the Dreams Defendants themselves had stated in court filings that their profits were nearly $3.3 million, Judge Hogan ordered further briefing to determine the precise amount that they will be required to disgorge. The legal basis of Judge Hogan s ruling was the District of Columbia Uniform Fraudulent Transfer Act, which prohibits transfers by a debtor with the intent to hinder, delay, or defraud creditors. The Court ruled that, because a Ponzi scheme is, by definition, unable to repay all its creditors, any transfer from the scheme to a creditor is necessarily made with the intent to hinder the rights of other creditors. Judge Hogan also refused to give the Dreams Defendants a set-off for the amounts they paid to their own investors. The receiver filed his action against the Dreams Defendants on May 8, 1997. See SEC Lit. Rel. No. 15362 (May 12, 1997). The Commission filed its underlying action against the Better Life Club and its founder, Robert N. Taylor, on September 1, 1995. Judge Hogan granted the Commission s motion ======END OF PAGE 1====== for summary judgment in that action on February 27, 1998. See SEC Lit. Rel. No. 15660 (March 5, 1998). Robert Taylor pled guilty to criminal contempt and wire fraud on July 22, 1996, and is currently serving a 41- month prison term in a federal correctional institution in Petersburg, Virginia. See SEC Lit. Rel. No. 14988 (March 7, 1997). ======END OF PAGE 2======