-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE No. 14703 / October 30, 1995 SECURITIES AND EXCHANGE COMMISSION v. NORMAN L. BROOKS, FINANCIAL ADVISORS, INC. (d.b.a. "AMERICAN FINANCIAL ADVISORS"), AMERICAN CAPITAL FUNDING, INC., FW ADVISORS, INC., WILLIAM F. KANE, JAMES PAPATOLA, VICTOR G. CAMPANA, JAMES BROOKS (a.k.a. "David Gertzinger"), KEN BOGANNAM, ADAMS FINANCIAL SERVICES, INC., ADAMS FINANCIAL GROUP, INC., MICHAEL W. ADAMS, RONNIE LEE AWTRY, KARL DON MILSTEAD, DONALD H. STRINGER, DAVID M. STOVER, and SAINT CLAIR AINSLEY KNIGHT, JR. (United States District Court for the District of New Hampshire, C.A. No. C-94-167-JD) The Securities and Exchange Commission ("Commission") announced that, on October 17, 1995, the Honorable Joseph A. DiClerico, Chief Judge, U.S. District Court for the District of New Hampshire, entered Final Judgments of Permanent Injunction, Disgorgement and Civil Monetary Penalties ("Final Judgments") against James Papatola of Salem, New Hampshire; Victor G. Campana of Lexington, Massachusetts; Ken Bogannam of Tewksbury, Massachusetts; Adams Financial Services, Inc., Adams Financial Group, Inc. and Michael W. Adams of Arlington, Texas; Ronnie Lee Awtry and Karl Don Milstead of Wichita Falls, Texas; Donald H. Stringer of Denton, Texas; David M. Stover of Athens, Texas; and Saint Clair Ainsley Knight, Jr. of Garden City, South Carolina. The Final Judgments were entered by consent on a neither admit nor deny basis. The Final Judgments enjoin each of the defendants from violating the antifraud, securities registration and broker- dealer registration provisions of the federal securities laws -- i.e., Sections 5(a) and (c) and 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(a) of the Securities Exchange of 1934 and Rule 10b-5 thereunder. The Final Judgments also require each of the defendants to disgorge their ill-gotten gain except to the extent they have demonstrated a financial inability to pay such relief. The Final Judgments order the defendants to pay approximately $80,000 in disgorgement and prejudgment interest. Penalties were not imposed based upon the defendants' demonstrated inability to pay. In its Complaint filed on April 5, 1994, the Commission alleged that the defendants engaged in a fraudulent "boiler- room" offering of unregistered securities that raised more than $3.5 million from more than 100 investors in 25 states. The Commission alleged that the scheme involved employing telemarketers to solicit tens or hundreds of thousands of potential investors nationwide by reading sales scripts over the telephone. The Commission further alleged that the defendants made false statements and material omissions to potential investors, including representations that the proceeds of the sales of the securities would be used to make automobile loans the repayment of which was "insured," when, in fact, most of the proceeds of the securities sales were converted to the personal benefit of the defendants. The Commission's action is continuing as to Norman L. Brooks ("Brooks"), formerly of Bedford, New Hampshire, James Brooks (a.k.a. "David Gertzinger") ("J. Brooks"), of Manchester, New Hampshire, William F. Kane ("Kane") of Lowell, Massachusetts and Brooks' companies, Financial Advisors, Inc. (d.b.a. "American Financial Advisors") ("FA"), American Capital Funding Corporation ("ACF"), F.W. Advisors, Inc. ("FWA"). The Commission has -------------------- BEGINNING OF PAGE #2 ------------------- obtained partial summary or default judgments against each of those defendants on all issues except the amounts of disgorgement, prejudgment interest and civil monetary penalties they will be required to pay. The assets of those defendants are subject to a freeze order entered by the court, and FA, ACF and FWA are in receivership. As of August 31, 1995, the assets under the control of the receiver include at least $605,000 cash plus accounts receivable in the form of 51 active automobile loans. The receiver also is pursuing a number of possible causes of action to recover additional assets on behalf of FA, ACF and FWA. On February 6, 1995, Brooks pled guilty to one count of conspiracy to commit securities, mail and wire fraud, one count of racketeering, two counts of money laundering and one count of failing to file a tax return in a separate criminal action based on substantially the same facts alleged in the Commission's civil action. In addition, on November 4, 1994, J. Brooks pled guilty to one count of conspiracy to commit wire and mail fraud arising from a related investment scheme and one count of perjury arising from a false affidavit that he had filed in the Commission's enforcement action. Also, on October 24, 1995, Kane pled guilty to one count of conspiracy to commit wire and securities fraud based upon the same conduct alleged in the Commission's Complaint. Brooks is being held without bail pending his sentencing in the criminal case. J. Brooks is serving a sentence of ten months incarceration, two additional months in a half-way house and three years supervised probation. Kane is free on bail pending his sentencing which is scheduled for January 22, 1996. See prior Litigation Release Nos. 14048, 14055, 14076, 14142, 14235, 14324 and 14410.