U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 15720 / April 23, 1998
SECURITIES AND EXCHANGE COMMISSION v. DIRECT PARTICIPATION
SERVICES, INC. dba GOVERNMENT FINANCIAL, JEFFREY A. LOBEL,
WILLIAM
ROSSI, UNITED AVALON GROUP, LTD. and FRANK M. NAFT,
Civil Action No. 96-6594 LGB (Mcx) (C.D. Cal.)
The Commission announced that on April 14, 1998, the
Honorable Lourdes G. Baird, United States District Court Judge
for the Central District of California, signed a judgment which
permanently enjoined Jeffrey A. Lobel ("Lobel") from future
violations of Sections 5(a) and 5(c) of the Securities Act of
1933 (the "Securities Act"), the registration provisions, and
Section 17(a) of the Securities Act and Section 10(b) of the
Securities Exchange Act of 1934, (the "Exchange Act"), and Rule
10b-5 thereunder, the anti-fraud provisions. The Complaint
alleged that from approximately July 1, 1993 to May 15, 1995,
Lobel and others fraudulently offered and sold nine-month
promissory notes ("Notes") issued by Direct Participation
Services, Inc. d/b/a Government Financial ("GF"), raising about
$26 million from approximately 750 investors.
The Complaint alleged that approximately $3.4 million of
investor proceeds were used for undisclosed purposes, primarily
to promote and finance personal business interests of Lobel and
others. The Complaint further alleged that Lobel and others
deceived investors into believing that GF would only purchase
accounts receivable which were owed by government agencies or
insured by an A+ rated insurance carrier. In fact, according to
the Complaint, GF grossly overstated the extent of government
receivables purchased and failed to obtain the promised
insurance.
GF's offering materials additionally provided that a trustee
would hold all loan portfolio documents, receive assignments of
all assets purchased by GF, receive all payments from GF's
account debtors, and enforce the Noteholders' security interest
in purchased accounts receivable. However, the Complaint alleged
that the trustee failed to discharge these duties. Instead, the
Complaint alleged that the trustee operated as a mere disbursing
agent, with Lobel's knowledge. As a result of the above-
described failure to operate GF in the manner represented, the
Note program evolved into a ponzi-like scheme since, according to
the Complaint, investors were repaid using funds of subsequent
investors.
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION
DIRECT PARTICIPATION SERVICES, INC. dba GOVERNMENT FINANCIAL, JEFFREY A. LOBEL,
The Commission announced that on April 14, 1998, the Honorable Lourdes G. Baird, United
The Complaint alleged that from approximately July 1, 1993 to May 15, 1995, Lobel and others
The Complaint alleged that approximately $3.4 million of investor proceeds were used for
The Complaint further alleged that Lobel and others deceived investors into believing that GF
In fact, according to the Complaint, GF grossly overstated the extent of government
GF's offering materials additionally provided that a trustee would hold all loan portfolio
Instead, the Complaint alleged that the trustee operated as a mere disbursing agent, with
As a result of the abovedescribed failure to operate GF in the manner represented, the Note
In addition, the Complaint alleged that, at the time the Notes were offered and sold, no
the Notes were sold in purported reliance upon the registration exemption set forth in
That exemption was unavailable, however, because the Notes were: not prime quality negotiable
Lobel simultaneously consented to the entry of the Order barring him from association with
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