SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15767 / June 4, 1998 ACCOUNTING AND AUDITING ENFORCEMENT RELEASE NO. 1040 / June 4, 1998 SECURITIES AND EXCHANGE COMMISSION v. EUGENE McCLOSKEY AND CHARLES MEIZOSO, No. 98 Civ. 3943 ( MBM ) (S.D.N.Y. filed June 4, 1998) The Securities and Exchange Commission ("Commission") today filed a complaint in the United States District Court for the Southern District of New York against Eugene McCloskey ("McCloskey") and Charles Meizoso ("Meizoso"), former senior managers of Gruntal & Co., Incorporated ("Gruntal"), a registered broker-dealer. The Commission alleges that -- in connection with two fraudulent schemes to divert securities and funds totaling approximately $11 million from customer accounts, unclaimed dividends, stale and outstanding customer and vendor checks, and other sources at Gruntal -- McCloskey and Meizoso violated antifraud and corporate recordkeeping provisions of the federal securities laws, and aided and abetted violations of the broker-dealer recordkeeping provisions of the federal securities laws. Without admitting or denying any of the allegations in the complaint, except as to jurisdiction, McCloskey and Meizoso each consented to the entry of a final judgment, which the judge today signed, (1) permanently enjoining him from (a) violating Section 17(a) of the Securities Act of 1933, Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 ("Exchange Act"), and Exchange Act Rules 10b-5 and 13b2-1, and (b) aiding and abetting violations of Section 17(a) of the Exchange Act and Exchange Act Rules 17a-3 and 17a-4; (2) ordering him to disgorge his ill-gotten gains and losses avoided, plus prejudgment interest thereon, but waiving such disgorgement, and not imposing a civil penalty, based on demonstrated inability to pay; and (3) in the case of Meizoso, barring him from acting as an officer or director of any public corporation. The Commission's complaint alleges that, in the first fraudulent scheme, beginning in 1984 and continuing until late 1994, McCloskey, Meizoso, and certain other members of Gruntal senior management opened securities accounts at Gruntal under fictitious customer names, intentionally diverted approximately $5 million of customer and other third-party assets to those accounts, and then transferred the assets to Gruntal's profit and loss accounts or used them to make off-books payments of Gruntal expenses. In the second scheme, beginning in 1987 and continuing until late 1994, McCloskey, Meizoso, and one other Gruntal senior manager (now deceased) embezzled approximately $6 million in diverted assets. McCloskey and Meizoso also falsified Gruntal books and records in order to conceal the diversions. The Commission further alleges that McCloskey and Meizoso sold common stock of Gruntal Financial Corp., the parent corporation of Gruntal, while in possession of material ======END OF PAGE 1====== nonpublic information about the first fraudulent scheme. As part of the settlements, McCloskey and Meizoso each agreed to settle a proposed administrative proceeding pursuant to Section 15(b)(6) of the Exchange Act, to be based on the entry of the injunction, that will bar him from the securities industry. The Commission today issued separate orders as to McCloskey and Meizoso instituting the proposed administrative proceedings, accepting the offers of settlement, and barring McCloskey and Meizoso from association with any broker, dealer, investment adviser, investment company, or municipal securities dealer. See 34-40067; 3-9619 and 34-40068; 3-9620. See Litigation Release No. 14865 (Apr. 9, 1996). ======END OF PAGE 2======