==========================================START OF PAGE 1====== U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15059 / September 20, 1996 Securities and Exchange Commission v. Boston Acceptance Corporation f/k/a First Boston Acceptance Corporation, d/b/a First Lenders Indemnity Company, Jonathan P. Boston f/k/a John R. Marsella and James A. Cunningham, Civil Action No. SA CV 96-901 GLT (EEx) (C.D. Cal.) The Securities and Exchange Commission filed a Complaint on September 19, 1996, in federal court in Los Angeles, California against Boston Acceptance Corporation d/b/a First Lenders Indemnity Company ("FLIC"), of Irvine, California, Jonathan P. Boston f/k/a John R. Marsella ("Boston"), of Newport Beach, California and James A. Cunningham ("Cunningham"), of Costa Mesa, California, alleging that the defendants fraudulently sold $19 million of unregistered nine-month promissory notes ("Notes") from April 1993 to December 1994. FLIC's investors were located nationwide, including in California, Texas and Florida. According to the Commission's Complaint, FLIC's various prospectuses and offering materials misrepresented and/or failed to disclose material facts concerning: (a) the existence and extent of FLIC's insurance coverage; (b) the status, identity and duties of trustee(s) assigned to FLIC's Note program; (c) details regarding Boston's prior felony conviction for bank fraud; (d) Boston's undisclosed receipt of fees through JP Boston, a sole proprietorship that acted as a loan finder for FLIC; and (e) a Commission "No-Action" position that was never, in fact, issued. Simultaneously, FLIC, Boston and Cunningham, without admitting or denying the allegations in the complaint, each consented to the entry of a Final Judgment (a) permanently enjoining them from future violations of 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 and Rule 10b-5 thereunder; and (b) ordering them to pay civil penalties in the following amounts: (i) FLIC - $25,000, (ii) Boston - $50,000 and (iii) Cunningham - $10,000.