SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 15709 / April 20, 1998
SEC v. Banner Fund International, Civil Action No. 94-342
(EGS) ( D.D.C.)
The Securities and Exchange Commission announced today that
on April 15, 1998, The Honorable Emmet Sullivan, United
States District Judge for the District of Columbia, granted
the Commission's motion for default judgment against relief
defendants Precision Trust, Automotive Concepts (Trust),
Academy Equities Trust, Hermes Leasing Trust and Fulfillment
Center Trust, and ordered them to disgorge a total of
$760,500, plus prejudgment interest of $329,822.74. The
Court found that these sums represented proceeds from the
fraud perpetrated on thousands of United States investors by
defendants Banner Fund International, Swiss Trade & Commerce
Limited Trust, Lloyd Winburn and Eddy Blackwell, which the
relief defendants held in constructive trust for the benefit
of the defrauded investors.
In two prior rulings, the Court had ordered Banner Fund,
Swiss Trade, Winburn and Blackwell to disgorge $6.5 million
they raised from investors, plus prejudgment interest.
From late 1992 through 1994, defendants Winburn and
Blackwell, both United States citizens operating first out
of Aruba and later from Belize, offered and sold investments
in the Banner Fund International Offshore Arbitrage
Leveraging Program, which they advertised as an opportunity
for the "little guy" to take advantage of "phenomenal"
opportunities in the financial markets. Through the vehicle
of Banner Fund, under the management of Swiss Trade, Winburn
and Blackwell claimed that investors' funds would be
leveraged into large profits with little or no room for
loss. In fact, after raising at least $6.5 million from
mailings targeted primarily at unsophisticated investors
with small amounts of capital to invest, defendants failed
to engage in any leverage or arbitrage activity, but instead
spent the money on real estate and a shrimp farm in Belize,
and on trusts in the United States engaged in lending money
to defendants' relatives and friends. The trusts were named
as relief defendants in an amended complaint filed September
12, 1997.
For further information, see Litigation Release Nos. 15689,
15311.
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
States District Judge for the District of Columbia,
defendants Precision Trust, Automotive Concepts,
defendants Banner Fund International, Swiss Trade & Commerce
relief defendants held in constructive trust for the benefit
of the defrauded investors.
In two prior rulings, the Court had ordered Banner Fund,
Winburn and Blackwell to disgorge $6.5 million
they raised from investors, plus prejudgment interest.
both United States citizens operating first out
of Aruba and later from Belize,
in the Banner Fund International Offshore Arbitrage
Leveraging Program, which they advertised as an opportunity
mailings targeted primarily at unsophisticated investors
with small amounts of capital to invest,
to engage in any leverage or arbitrage activity,
spent the money on real estate and a shrimp farm in Belize,
and on trusts in the United States engaged in lending money
to defendants' relatives and friends.
For further information, see Litigation Release Nos.
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