SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16945 / March 23, 2001
SECURITIES AND EXCHANGE COMMISSION v. PINNFUND USA, INC., PEREGRINE
FUNDING, INC., ALLIED CAPITAL PARTNERS, GRAFTON PARTNERS, SIX SIGMA,
LLC A/K/A 6 SIGMA, LLC, MICHAEL J. FANGHELLA, JAMES L. HILLMAN,
RELIANCE HOLDINGS, LLC, AND KELLY COOK A/K/A KELLY JAYE A/K/A KELLY
SPAGNOLA (01-CV-0496-H (LAB) S.D.Cal.)
The United States Securities and Exchange Commission ("Commission")
announced that on March 23, 2001, the Honorable Marilyn L. Huff,
United States District Judge for the Southern District of California,
issued a temporary restraining order halting an ongoing $276 million
securities fraud by Michael J. Fanghella ("Fanghella") and James L.
Hillman ("Hillman") and entities controlled by them. The Court (1)
ordered the defendants to cease immediately their fraudulent
activities; (2) placed a freeze on Fanghella's and PinnFund USA,
Inc.'s assets; (3) appointed Charles G. La Bella as temporary receiver
over PinnFund pending a hearing to determine the full extent of the
fraudulent conduct and (4) granted other relief. The March 23, 2001
order follows the issuance of an order by the Court on March 21, 2001,
which prohibited the transfer of assets or property by the defendants
to a foreign location, prohibited the destruction of documents by the
defendants and granted other relief pending a hearing that was held on
March 22 and 23. A hearing on whether a preliminary injunction should
be issued against the defendants is scheduled for April 2, 2001.
The Commission's complaint, filed on March 21, 2001, alleges that
since 1993, Fanghella, Hillman, PinnFund USA, Inc. ("PinnFund") and
entities controlled by Fanghella and Hillman (Peregrine Funding, Inc.,
Allied Capital Partners, Grafton Partners and Six Sigma, LLC aka 6
Sigma, LLC) (collectively, the "Funding Entities") have raised at
least $276 million from at least 166 investors, purportedly for the
purpose of funding PinnFund's business of writing residential home
mortgages. In fact, Fanghella, Hillman, PinnFund and the Funding
Entities are misappropriating the funds raised by the Funding Entities
and are using the funds to finance Fanghella's lavish lifestyle,
including the use of at least $10 million in investor funds to buy a
$5 million home, furnishings and other accessories for his girlfriend.
In addition, the complaint alleges that Fanghella, Hillman, PinnFund
and the Funding Entities have circulated altered financial statements
of PinnFund and forged auditors' reports, which contain numerous
fraudulent misrepresentations and omissions, conceal more than $95
million in losses incurred by PinnFund since 1997 and conceal the
transfer of more than $107 million to Fanghella since 1997.
The Commission obtained an order temporarily restraining Fanghella,
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION v. PINNFUND USA, INC., PEREGRINE
FUNDING, INC., ALLIED CAPITAL PARTNERS, GRAFTON PARTNERS, SIX SIGMA, LLC A/K/A 6 SIGMA, LLC,
The United States Securities and Exchange Commission announced that on March 23, 2001, the
The Court ordered the defendants to cease immediately their fraudulent activities; placed a
The March 23, 2001 order follows the issuance of an order by the Court on March 21, 2001,
In fact, Fanghella, Hillman, PinnFund and the Funding Entities are misappropriating the funds
In addition, the complaint alleges that Fanghella, Hillman, PinnFund and the Funding Entities
The Commission obtained an order temporarily restraining Fanghella, Hillman, PinnFund and the
The Court's order also temporarily restrains Hillman and the Funding Entities from committing
The order obtained by the Commission also forbids relief defendants Reliance Holdings, LLC
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