UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15652 / February 24, 1998 Securities and Exchange Commission v. Hurst Capital Corporation, et al., Case No. 98-8090-CIV-HURLEY (USDC/SD FL) The Securities and Exchange Commission ("SEC") announced that on February 18, 1998, the Honorable Daniel T.K. Hurley, United States District Judge for the Southern District of Florida entered multiple emergency Orders to halt an on-going offering of unregistered securities by Hurst Capital Corp. ("HCC"), a West Palm Beach company that sells interests in accounts receivable. In its Complaint and application to the Court for a temporary restraining order, asset freeze and appointment of a receiver, all of which the Court granted, the SEC alleged that HCC had raised $49 million from 1300 investors across the nation to buy accounts receivable but that it had only purchased approximately $625,000 worth of receivables. Named as defendants in the SEC's Complaint in addition to HCC were: * James F. Hurst, HCC's president, is 40-years old and resides in West Palm Beach, Florida. * E. William Clifton, HCC's vice-president, is 66-years old and resides in Orlando, Florida. The Complaint also names the following entities as relief defendants: * Hurst Capital Commercial Corp., a Florida corporation located in West Palm Beach, Florida, of which Defendant Hurst is the president and chief executive officer, was named as a relief defendant because it received, according to the SEC, $6.5 million in investor funds. * Hurst Clifton Corp., a Florida corporation allegedly controlled by Clifton, was named as a relief defendant because it received approximately $6.7 million in investor funds from HCC. * Liquid Assets, Inc., a Florida corporation allegedly controlled by Hurst and Clifton, was named as a relief defendant because it received $195,000 in investor funds from HCC. * Corporate Leasing Systems, Inc., a Florida corporation allegedly controlled by Hurst, was also named as a relief defendant because, the SEC alleges, Hurst titled a luxury boat he purchased with $300,000 in investor funds in Corporate Leasing's name. - 2 - According to the SEC's complaint, HCC, Hurst and Clifton have been offering investors across the nation worthless interests in non-existent ======END OF PAGE 1====== accounts receivable. HCC's own records establish, the SEC alleges, that is has raised $49 million from investors but purchased only $625,000 worth of receivables. According to the SEC's complaint, millions of dollars have been misappropriated by Defendants or transferred to corporations they control. For example, the SEC alleges that Defendant Hurst diverted at least $10 million in investor funds to his personal account and spent this money on a luxury home, on personal investments, and on cars and boats. The Complaint charges violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b) and Rule 10b-5 thereunder of the Securities Exchange Act of 1934. Among the Orders entered by the Court were (1) a Temporary Restraining Order to halt the securities sales, (2) an Order freezing the defendants' assets and (3) an Order appointing a Receiver to immediately secure the offices and assets of the corporate defendants. The SEC is also seeking in this lawsuit preliminary and permanent injunctions, disgorgement of ill-gotten profits and money penalties. ======END OF PAGE 2======