==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15175 / December 3, 1996 SECURITIES AND EXCHANGE COMMISSION v. ROBERT C. COWAN, et al., 5:96-CV-0224-C, USDC, ND/TX (Lubbock Division) The Securities and Exchange Commission ("Commission") announced that on November 21, 1996, Robert C. Cowan ("Cowan"), individually, and on behalf of Cowan Asset Management, Inc., ("CAMI"), an investment adviser registered with the Commission, agreed to the entry of a preliminary injunction. The injunction preliminarily enjoins Cowan from violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder, CAMI from violations of Sections 206(1), (2), and (4) of the Investment Advisers Act of 1940, and Rule 206(4)-2 thereunder, and Cowan from aiding and abetting any CAMI violations. Also, on November 21, the Court appointed a Special Master to receive and liquidate the assets of Cowan, individually and doing business as CS Investments Trust ("CSI"), and CAMI to prevent waste and the dissipation of Cowan's and CAMI's assets to the detriment of investors. According to the complaint filed on November 5, Cowan raised between $1 million and $3 million from his customers for the purpose of purchasing trust units in CSI. In fact, according to the complaint, CSI does not exist, apart from Cowan's misrepresentations and created records, and does not hold securities or funds for customers; rather, Cowan used customers' funds for his personal expenses, and to satisfy periodic payments and redemptions for his customers as part of a "ponzi" scheme. ==========================================START OF PAGE 2====== ROBERT C. COWAN AGREES TO PRELIMINARY INJUNCTION AND COURT APPOINTS A SPECIAL MASTER The Commission announced that on November 21, 1996, Robert C. Cowan (Cowan), individually, and on behalf of Cowan Asset Management, Inc., (CAMI), an investment adviser registered with the Commission, agreed to the entry of a preliminary injunction. The injunction preliminarily enjoins Cowan from violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder, CAMI from violations of Sections 206(1), (2), and (4) of the Investment Advisers Act of 1940, and Rule 206(4)-2 thereunder, and Cowan from aiding and abetting any CAMI violations. Also, on November 21, the Court appointed a Special Master to receive and liquidate the assets of Cowan, individually and doing business as CS Investments Trust ("CSI"), and CAMI to prevent waste and the dissipation of Cowan's and CAMI's assets to the detriment of investors. According to the complaint filed on November 5, Cowan raised between $1 million and $3 million from his customers for the purpose of purchasing trust units in CSI. In fact, according to the complaint, CSI does not exist, apart from Cowan's misrepresentations and created records, and does not hold securities or funds for customers; rather, Cowan used customers' funds for his personal expenses, and to satisfy periodic payments and redemptions for his customers as part of a "ponzi" scheme.[Securities and Exchange Commission v. Robert C. Cowan, et al., 5:96-CV-0224-C, USDC, ND/TX] (LR- ) PHILLIP W. OFFILL, JR. Trial Counsel Fort Worth District Office 817/978-6450