UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No.15851 / August 18, 1998 SECURITIES AND EXCHANGE COMMISSION v. JAMES MICHAEL COGLEY and THE OHIO ESTATE GROUP, DEFENDANTS, United States District Court for the Southern District of Ohio, No. C2-98-802. The Securities and Exchange Commission announced that on August 11, it obtained an Order of temporary restraint against James Michael Cogley (Cogley) and The Ohio Estate Group (OEG). The Order restrains Cogley from continuing to engage in violations of Section 17(a) of the Securities Act of 1933 (Securities Act), Sections 10(b), 15 (a)(1) and 15(c)(1) of the Securities Exchange Act of 1934 (Exchange Act), Rules 10b-5 and 15c1-2 promulgated thereunder and Section 206(1) and (2) of the Investment Advisers Act of 1940. The Order restrains OEG from continuing to engage in violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 promulgated thereunder. The Commission also received an order freezing all of the assets of Cogley and OEG. On August 13, the Commission moved for a finding of contempt against Cogley alleging that Cogley had violated the Order entered on August 11. In its motion, the Commission alleged that Cogley, within a day of the Court entering the Order, violated two provisions of the Order that froze his assets and prohibited him from receiving funds for investment. The Court issued a warning to Cogley during the hearing on the Commission's motion, but reserved ruling on the motion until the preliminary injunction hearing scheduled for August 18. In it's complaint, the Commission alleged that since at least August 1997, Cogley and OEG have been engaged in a scheme to defraud primarily elderly and retired investors by misrepresenting facts relating to the use of invested funds, the safety of those funds, and the return on the investments. Moreover, Cogley and OEG failed to tell investors of Cogley's disciplinary and financial history and OEG's financial condition. The defendants received approximately $2,400,000 from at least 44 investors. Investors were told that their funds would be invested in real estate or business development projects. In fact, less than 10% of the funds received were invested in any real estate projects. The majority of funds were actually used to pay Cogley's personal expenses, OEG's business expenses and principal and interest payments to earlier investors.