-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14750 / December 7, 1995 SEC v. Mark Shelby, Christopher Cooper, Medical Financial Services, Inc., and Physicians Financial, Inc., (N.D Ga., Civil Action No. 1:94-CV-1075, filed October 3, 1995). The Commission announced that on October 3, 1995, the Honorable G. Ernest Tidwell, United States District Judge for the Northern District of Georgia, entered a permanent injunction enjoining Mark Shelby ("Shelby"), Christopher Cooper ("Cooper"), and Physicians Financial, Inc. ("PFI"), a Utah corporation, from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder. Cooper was also enjoined from violating Section 15(a)(1) of the Exchange Act. The defendants consented to the relief without admitting or denying the allegations in a complaint previously filed by the Commission on April 20, 1994. The court also ordered the payment of disgorgement, including prejudgment interest, in the amount of $2,460,793.90 by Shelby and Cooper, jointly and severally, and in the amount of $34,116.91 by PFI. However, payment of disgorgement by the defendants was waived based on their demonstrated inability to pay. The Commission had previously alleged in its complaint that the defendants offered and sold $2.5 million in securities issued by Medical financial Services, Inc. ("MFS"), an Idaho corporation engaged in the business of factoring medical accounts receivable, making various misrepresentations and omitting to state material facts concerning, among other things, the financial condition of MFS and the use of an independent, bonded escrow agent. On October 11, 1994, MFS, which has ceased operations, consented to a permanent injunction, the appointment of a receiver, the payment of disgorgement, and the imposition of civil penalties in amounts to be subsequently determined. Shelby and Cooper subsequently created an entity similar to MFS, PFI, and began an unregistered, fraudulent offering of $6.5 million in PFI promissory notes. PFI's offering memorandum was misleading with respect to, among other things, the recent financial condition of MFS, and legal actions pertaining to the fraudulent offering of the securities of MFS. PFI has also ceased operations. On October 26, 1994, a voluntary petition under Chapter 11 of the Bankruptcy Code was filed by the appointed receiver on behalf of MFS. Payment of disgorgement and civil penalties by MFS is pending the disposition of this action. The Commission gratefully acknowledges the assistance of the Office of the Secretary of State of South Carolina, Securities Division.