UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15782 / June 15, 1998 SECURITIES AND EXCHANGE COMMISSION v. ROBERT L. GRAY, 97 Civ. 5732 (LAK) (S.D.N.Y.) The Commission announced that on June 8, 1998, the United States District Court for the Southern District of New York entered a default judgment against Robert L. Gray ( Gray ), an unregistered investment adviser and a convicted felon whom the Commission charged with defrauding his advisory clients and a registered broker-dealer. The court permanently enjoined Gray from violating the antifraud provisions of the Securities Exchange Act of 1934 and various registration, books and records, and other provisions of the Investment Advisers Act of 1940. The court also ordered Gray to disgorge $121,654, representing his ill-gotten gains, plus $48,071 in prejudgment interest. The Complaint, filed on August 1, 1997, alleges that, from January 1993 through June 1996, Gray misappropriated a total of $121,654 from advisory clients who had given Gray money to purchase securities on their behalf. The Complaint also alleges that Gray engaged in free-riding at the expense of a registered broker-dealer, Robb, Peck, McCooey Clearing Corporation, by failing to pay for over $1 million in securities that Gray bought through that brokerage firm ostensibly for his clients. The Complaint further alleges that Gray violated provisions of the Investment Advisers Act of 1940 by (a) failing to maintain required investment advisory records; (b) failing to furnish clients with required written disclosure statements; (c) entering into advisory contracts that unlawfully provided for performance-based compensation and did not prohibit assignment of the contracts without client consent; (d) violating rules governing treatment of client funds in an adviser's custody; and (e) concealing his disciplinary and criminal history from his clients. According to the Complaint, by engaging in the foregoing conduct, Gray violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b- 5 thereunder, and Sections 203(a), 204, 205(a)(1) and (2), and 206(1), (2) and (4) of the Investment Advisers Act of 1940, and Rules 204-2, 204-3, 206(4)-2 and 206(4)-4 thereunder. Gray was barred from the securities industry by the National Association of Securities Dealers, Inc. in 1977 and was convicted in 1989 and 1993 of crimes related to prior acts of misappropriating funds. ======END OF PAGE 1======