==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14912 / May 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 May 3, 1996, an order of permanent injunction was entered in United States District Court in Dallas, Texas, against Melvin H. Cox ("Cox") in connection with a $54 million "Ponzi" scheme involving approximately 3500 investors residing in 34 states and Canada. The Commission's complaint alleged that Cox 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, according to the complaint, investors' monies were loaned to 12 corporations, who are relief defendants in this matter, at interest rates of 6-8% per annum. Without admitting or denying the allegations in the Commission's complaint, Cox consented to be enjoined from future violations of Sections 5 and 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. The order provides that Cox must submit to the Court, within 20 days, an accounting for monies he received in the course of the activities complained of by the Commission. The order further provides for disgorgement of ill-gotten gains and a civil money penalty in amounts to be determined by agreement of the parties, or, in absence of such agreement, to be set by the Court. In any hearing held to determine the amount of disgorgement or civil penalties to be paid, the order provides that Cox may not contest the liability allegations set forth in the Commission's complaint. ==========================================START OF PAGE 2====== PERMANENT INJUNCTION ENTERED IN $54 MILLION PONZI SCHEME The Commission announced that on May 3, 1996, an order of permanent injunction was entered in United States District Court in Dallas, Texas, against Melvin H. Cox (Cox) in connection with a $54 million "Ponzi" scheme involving approximately 3500 investors residing in 34 states and Canada. The Commission's complaint alleged that Cox 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, according to the complaint, investors' monies were loaned to 12 corporations, who are relief defendants in this matter, at interest rates of 6-8% per annum. Without admitting or denying the allegations in the Commission's complaint, Cox consented to be enjoined from future violations of the securities registration and antifraud provisions of the federal securities laws. The order further provides for disgorgement of ill-gotten gains and a civil money penalty in amounts to be determined by agreement of the parties, or, in absence of such agreement, to be set by the Court.[Securities and Exchange Commission v. Melvin H. Cox, et al., 3:96-CV-0908-X, USDC, ND/TX] (LR- ) T. CHRISTOPHER BROWNE Trial Counsel Fort Worth District Office 817/885-6464