==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14880 / April 16, 1996 SECURITIES AND EXCHANGE COMMISSION v. MELVIN H. COX, et al. 3:96-CV-0908-X, USDC, ND/TX (Dallas Division) The Securities and Exchange Commission ("Commission") announced that on April 1, 1996, it filed a complaint in the United States District Court in Dallas, Texas, alleging that Melvin H. Cox ("Cox") and his company Fairfield Investment Co., Inc. ("Fairfield"), during the period 1993 to date, violated the securities registration and antifraud provisions of the federal securities laws in connection with a $32 million "Ponzi" scheme involving at least 1900 persons residing in 34 states and Canada. The complaint also named 12 corporations, four of which are said to be wholly-owned subsidiaries of Fairfield, as defendants solely for the purposes of equitable relief. According to the Commission's complaint, Cox and Fairfield promised investors that their monies would be used to trade in first and second mortgages and would result in a return of 12.8% (later 13.4%) every 45 days, a compounded return of as much as 160% a year. In fact, the complaint alleged investors' monies were loaned to the relief defendants at interest rates of 6-8% per annum. Those loan proceeds were "frozen" by the Court on April 1, 1996, and a temporary receiver was appointed on April 4, 1996 to take over control of Fairfield, as well as its wholly- owned subsidiaries, for the benefit of investors. At an evidentiary hearing April 11, l996 before the Honorable Joe Kendall, the Commission introduced uncontroverted evidence that $22 million had been raised by the defendants during the first three months of 1996 alone, in addition to the $32 million alleged in the complaint; that approximately 3500 investors had purchased the Fairfield securities; that approximately $20 million had been disbursed to the corporate relief defendants; and that more than $10 million had been frozen by operation of the Court's April 1, 1996 order. After the hearing, the temporary receiver for Fairfield, retired Texas State Court Judge Richard Mays, assured investors that an informational mailing would be made in the near future. Shortly prior to the evidentiary hearing defendant Cox consented, without admitting or denying the truth of the allegations in the complaint, to the entry of an order of permanent injunction and asset freeze, leaving only the issue of disgorgement and civil penalties to be resolved as to him. The temporary receiver transferred in excess of $10 million from a Fairfield account in Kemp, Texas, to the Registry of the Court. ==========================================START OF PAGE 2====== The Commission thanks the Texas State Securities Board for its assistance in this matter.