-------------------- BEGINNING OF PAGE #1 ------------------- U.S. Securities and Exchange Commission Litigation Release No. 14665 / September 29, 1995 SEC v. Daniel C. Baxley, Civil Action No. 1:95-CV-1761-JEC (N.D. Ga.). The Securities and Exchange Commission announced that on July 10, 1995, it filed a complaint in the United States District Court for the Northern District of Georgia seeking a permanent injunction against Daniel Baxley and alleging that Baxley violated the antifraud provisions of the federal securities laws while associated with First Alliance Securities, Inc. ("First Alliance"), a now-defunct, Atlanta-based penny stock broker- dealer. The complaint alleged that Baxley was a member of the First Alliance sales force, which sold worthless penny stocks to unsophisticated investors through high pressure telephone sales tactics. Specifically, the complaint alleged that Baxley lied to First Alliance customers about the liquidity, suitability, and level of risk of stocks promoted by First Alliance, the current available market prices for those stocks, the reasons for increases or decreases in the prices of those stocks, the operations, financial condition, and prospects of the purported issuers of those stocks, the cost of executing trades through First Alliance, and the prospects that the stocks promoted by First Alliance would be listed on a stock exchange and would be profitable. The complaint further alleged that Baxley fraudulently failed to tell First Alliance customers that the firm was manipulating the prices of stocks it promoted and that the firm had a policy prohibiting net-selling. The complaint also alleged that Baxley made unauthorized trades in customer accounts. Without admitting or denying the Commission's allegations, Baxley consented to the entry of a permanent injunction against future violations of the antifraud provisions, and on July 24, 1995 the court issued that injunction. As a result of a grand jury investigation led by a Commission staff member detailed to the Department of Justice, Baxley pled guilty on October 11, 1994 in the United States District Court for the Northern District of Georgia to one count of conspiracy to commit securities fraud, eight counts of securities fraud, and two counts of interstate transportation of monies taken by fraud, based upon the same conduct alleged by the Commission in its complaint.