U.S. Securities and Exchange Commission Litigation Release No. 15176 / December 4, 1996 SECURITIES AND EXCHANGE COMMISSION v. GERALD P. HIRSCH, et al., 96 Civ. 9121, U.S.D.C., S.D.N.Y. (CBM) The Securities and Exchange Commission ("Commission") announced that it filed a complaint on December 4, 1996, in the United States District Court, Southern District of New York, against Gerald P. Hirsch ("Hirsch") and Churchill Securities, Inc. ("Churchill"), alleging that Hirsch and Churchill had violated a Commission Order issued on May 24, 1996. The Commission also made an application to the court for a Temporary Restraining Order ordering Hirsch and Churchill to comply immediately with the Commission order issued against them. The Commission's application also seeks the appointment of a Temporary Receiver for Churchill, and that the court schedule a hearing to consider the Commission's application for a Preliminary Injunction. Named in the Complaint, filed today in the United States District Court for the Southern District of New York, were: GERALD P. HIRSCH, age 58, who resides in Croton-on-Hudson, New York. Hirsch is the President of Churchill Mortgage Investment Corp. ("CMIC") and, along with his children, owns 70 percent of the company. Hirsch also claims to currently own Churchill. CHURCHILL SECURITIES, INC., a corporation duly incorporated under the laws of the State of New York and located in Suffern, New York, has been registered with the Commission as a broker-dealer, pursuant to Section 15(b) of the Exchange Act, since 1982. As detailed in the complaint, defendant Hirsch currently claims to own, and is in possession of, Churchill, a registered broker- dealer. As a result, Hirsch and Churchill are violating an order of the Commission which was issued in connection with the settlement of a prior civil action, United States Securities & Exchange Commission v. Churchill Securities, Inc., Churchill Mortgage Investment Corp. and Gerald P. Hirsch, 93 Civ. 7486 (CBM) (S.D.N.Y. November 1, 1993), and a related administrative proceeding, In the Matter of Churchill Securities, Inc. and Gerald P. Hirsch, A.P. File No. 3-9012 (May 24, 1996). The prior proceedings charged Hirsch and Churchill with numerous violations of the registration and antifraud provisions of the federal securities laws in connection with the offer and sale of securities to members of the investing public. Pursuant to the settlement of the prior proceedings, Hirsch and Churchill consented to the entry of an Order Instituting Public Administrative Proceedings, Making Findings and Imposing Remedial Sanctions, which was issued by the Commission on May 24, 1996 ("Commission Order"). The Commission Order provided that, among other things, Hirsch was suspended for twelve months from ==========================================START OF PAGE 2====== association with any broker, dealer, investment adviser, investment company or municipal securities dealer commencing June 3, 1996. The Commission Order also provided that Churchill was ordered to comply with the terms of certain remedial undertakings, including the hiring of a consultant to undertake a review of the firm's procedures. Hirsch is now flagrantly violating the Commission Order by, among other things, continuing to assert ownership of Churchill, a registered broker-dealer; mailing written materials to members of the public in which Hirsch holds himself out as being affiliated with Churchill and in which he recommends securities transactions; soliciting securities transactions with public investors without disclosing the Injunction or the Commission Order; and placing customers' orders for the purchase and sale of securities with Churchill's clearing broker. Churchill is violating the Commission Order by failing to implement a review of its policies, procedures and practices. The Commission's complaint against Hirsch and Churchill seeks an order appointing a Temporary Receiver for Churchill, as well as preliminary and permanent injunctive relief from further violations of the Commission's Order, disgorgement of ill-gotten gains, including prejudgment interest, and other ancillary relief.