U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15867 / September 2, 1998 U. S. SECURITIES AND EXCHANGE COMMISSION v. CHIMNEYVILLE INVESTMENTS GROUP, INCORPORATED AND JOSEPH RANDOLPH BELEW Civil Action No. 3: 98 CV 574 WS (U.S.D.C. S.D. MISS.) SECURITIES REGULATORS HALT THEFT OF CUSTOMER MONEY Joe R. Belew withdrew at least $220,000 from the accounts of his customers at Chimneyville Investments Group, Incorporated, of Jackson, Mississippi, without the knowledge or authorization of the effected customers. These funds were traced directly to one of Belew's personal checking accounts. Chimneyville and Belew consented Tuesday to an order issued by the federal court preliminarily enjoining them from committing future fraud, freezing the company's and Belew's assets, and prohibiting the destruction of documents as the result of a civil complaint brought by the SEC. The SEC asked the court to order repayment of all the customer funds, based upon a thorough accounting to be conducted, and to impose civil penalties against each of the defendants. More particularly, the SEC's Complaint, filed in the United States District Court for the Southern District of Mississippi on September 1, 1998, sought a temporary restraining order, preliminary and permanent injunctions against Chimneyville Investments Group, Incorporated, a registered broker-dealer with its principal office located in Jackson, Mississippi, and one of its managing principals, Joseph Randolph Belew. In addition, the Complaint sought an order providing for expedited discovery and prohibiting the destruction, alteration, or concealment of documents; providing for an accounting, disgorgement, civil penalties, and prejudgment interest against Chimneyville and Belew; and freezing both Chimneyville's and Belew's assets. In its Complaint, the Commission alleged that Chimneyville violated Sections 10(b), 15(c) and 17(a)(1) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5, 15c3-1, 15c3-3, 17a-3, and 17a-4 thereunder and that Belew violated Section 10(b) of the Exchange Act and Rule 10b-5 thereunder and aided and abetted Chimneyville's violations of Sections 15(c) and 17(a)(1) of the Exchange Act and Rules 15c3-1, 15c3-3, 17a-3 and 17a-4 thereunder. The Commission's Complaint alleges, among other things, that Chimneyville, as an introducing broker-dealer, failed to maintain $5,000 in net capital as required by Rule 15c3-1. In addition, the Complaint alleges that Chimneyville failed to make and keep current books and records, including, among others, net capital computations and a general ledger as required by Rules 17a-3 and 17a-4, and failed to comply with the customer protection rules set forth in Rule 15c3-3. The Complaint also alleges that Belew fraudulently converted at least $220,000, and probably more than $650,000, of investors' funds to his own uses, in violation of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. In addition, the SEC consented to the combination of its action with an application for a protective decree brought by the Securities Investor Protection Corporation ("SIPC") against Chimneyville, and the subsequent appointment of a trustee, pursuant to Sections 5(b)(1) and 5(b)(3) of the Securities Investor Protection Act of 1970 ("SIPA"). On September 1, 1998, with the consent of the parties, the Honorable Judge Henry T. Wingate entered a Preliminary Order of Injunction enjoining Chimneyville and Belew from future violations of the foregoing sections and rules and freezing the assets of the parties. The SEC staff gratefully acknowledges the substantial assistance of the Securities Enforcement Division, Office of the Mississippi Secretary of State and District No. 5 of the National Association of Securities Dealers - Regulation, Inc. in the investigation of the facts leading to this action.