U.S. Securities and Exchange Commission Litigation Release No. 15232 / January 30, 1997 SEC v. Telecom Marketing, Inc., Telecom Industries, Inc., Barry Smith, Midas Media, Inc., Jeffrey Jolcover, Century Wireless Communications Corp., Ron Schroeder, Tri-Star Communications, Inc., Paul Iwankowski, Brixel, Inc., and John Field, IV (N.D. Ga., Civil Action No. 1:95-CV-0804-ODE) The Securities and Exchange Commission announced today that on January 10, 1997, the Honorable Orinda D. Evans, United States District Judge for the Northern District of Georgia, entered separate orders of permanent injunction enjoining defendants, Telecom Marketing, Inc. ("TMI"), Telecom Industries, Inc. ("TII"), Midas Media, Inc. ("Midas"), Brixel, Inc. ("Brixel") and John Field, IV ("Field") from violating the anti-fraud provisions of the Securities Act of 1933 ("Securities Act") and the Securities Exchange Act of 1934 ("Exchange Act"). The Court permanently enjoined TMI, TII and Midas from violating Sections 5 and 17(a) of the Securities Act, and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. Brixel and Field were enjoined by the Court from violations of Sections 5 and 17(a) of the Securities Act, and Sections 15(a)(1) and 10(b) of the Exchange Act and Rule 10b-5 thereunder. Each defendant consented to the relief without admitting or denying the allegations set forth in a complaint filed by the Commission on March 28, 1995 which alleged that the defendants misrepresented or failed to disclose material facts to investors in connection with the promotion, offer and sale of general partnership interests in ventures formed to create "wireless cable" television systems. The Court further ordered the five defendants to pay disgorgement, plus prejudgment interest, on the gains alleged to have been received by each of them from the scheme. The Court ordered payment of disgorgement from TMI, TII and Midas as follows: TMI to pay $1,653,000; TII to pay $2,306,000; and Midas to pay $10,200,000, with the disgorgement representing the alleged proceeds received from the sale of interests in wireless cable projects, along with prejudgment interest thereon. Each of the three defendants was ordered to disgorge any ownership interests held in the Mobile Wireless Partners General Partnership and the Wisconsin Wireless Partners General Partnership. Upon sworn representations of an inability to pay the disgorgement by TMI, TII and Midas, the Court waived payment of the disgorgement and prejudgment interest thereon. Civil penalties were not imposed on the three corporations by the Court. Defendant Brixel was ordered by the Court to pay disgorgement in the amount of $310,392, along with prejudgment interest thereon. Payment of all but $1,500 of the disgorgement and prejudgment interest was waived based upon Brixel's sworn financial statement attesting to its inability to pay the entire amount. Field was ordered to pay disgorgement in the amount of $255,569.23, along with prejudgment interest thereon, with all but $15,000 of the disgorgement and prejudgment interest waived by the Court upon Field's sworn statements and his inability to pay the entire disgorgement. No civil penalties were imposed on Brixel and Field. See also, L.R. No. 14451 (March 29, 1995) and L.R. No. 15087 (September 27, 1996)