UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15474 / September 4, 1997 Accounting and Auditing Enforcement Release No. 951 / September 4, 1997 Securities and Exchange Commission v. Wyatt Gene Ross, Lynn K. Ross, and Mickie E. Higgins-Hallke (N.D. Ga., Civil Action No. 1-97-CV-2431-JEC) The Securities and Exchange Commission announced today that it has charged two Atlanta, Georgia residents and a Denver, Colorado man with fraud. The three defendants are W. Gene Ross of Highlands Ranch, Colorado, his brother Lynn Ross of Marietta, Georgia, and Mickie Higgins-Hallke of Smyrna, Georgia. All three are former officers of Paragon Mortgage Corporation, a now defunct mortgage banking company formerly headquartered in Smyrna, Georgia. Gene Ross was Paragon's chief executive officer and chairman of its board, Lynn Ross was a director of Paragon and its president, and Higgins-Hallke was Paragon's chief financial officer. The complaint alleges that the Ross brothers misappropriated approximately $230,000 from Paragon over a five-year period by causing Paragon to repay personal loans with corporate funds, and by personally intercepting checks remitted to Paragon and endorsing them for their personal benefit. The Ross brothers concealed this theft from Paragon's shareholders and also misled Paragon's independent auditors concerning their theft. The complaint also alleges that from 1990 through 1994 the defendants overstated Paragon's income in various annual and quarterly financial statements filed with the Commission. In some instances, Paragon reported net income when it should have reported net losses and in other reports, Paragon understated its net losses by over 200% and overstated its income by 225%. In June 1990, Paragon's board of directors granted stock options to purchase 530,000 shares of Paragon's common stock, worth $258,750, to the Ross brothers and four other Paragon employees. The Commission alleges that Gene Ross failed to report this transaction in Paragon's June 30, 1990 quarterly and September 30, 1990 annual financial statements. The Commission also alleges that Gene Ross altered Paragon's September 30, 1990 annual financial statements by deleting $200,000 of compensation expense which had been recorded in Paragon's books and certified by Paragon's independent auditor. The Commission's complaint also charges that Gene Ross and Higgins- Hallke inflated the income reported in Paragon's September 30, 1992 annual financial statements by improperly reporting $814,949 of gains from the sale of certain loans. Additionally, Higgins-Hallke failed to report $24,961 of medical claims incurred during 1992 related to Paragon's self- insured employee medical plan. ======END OF PAGE 1====== The Commission also charges that Gene Ross illegally sold Paragon common stock, and illegally tipped three members of his family to sell their Paragon common stock, before the Ross brothers' misconduct was publicly disclosed. The complaint alleges that in December 1993, Gene Ross told his wife to conduct a meeting at their house with Gene Ross' two adult sons and his wife's brother. At the meeting, Gene Ross' wife, on her husband's instructions, tipped these three family members, who were employees of Paragon and whom Gene Ross knew held Paragon stock. Subsequent to this meeting, Gene Ross' sons and brother-in-law sold Paragon stock. Gene Ross and Lynn Ross (the "Ross brothers") and Higgins-Hallke have each consented to a permanent injunction, without admitting or denying the allegations set forth in the complaint, which enjoins them from violating the antifraud, reporting, books and records, and internal accounting control provisions of the federal securities laws. The Ross brothers have also consented to be permanently enjoined from violating the proxy provisions of the federal securities laws. Gene Ross has agreed to pay a total of $65,000 of disgorgement of insider stock trading losses illegally avoided by him and his family plus pay prejudgment interest thereon, and civil penalties. Lynn Ross has agreed to pay civil penalties in the amount of $25,000. Higgins-Hallke will not be required to pay civil penalties based upon her inability to pay such penalties. In addition, all three defendants have agreed to be barred from acting as officers or directors of public companies. Previously, the Commission instituted administrative proceedings in which five CPAs, who served as Paragon's independent auditors at various times from 1990 through 1993, were charged with having engaged in improper professional conduct during their work for Paragon. Those auditors settled the proceedings without admitting or denying the charges against them. (In re Langford et al., Securities Exchange Act Release No. 38249; In re Couch, Securities Exchange Act Release No. 38250). ======END OF PAGE 2======