UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15506 / September 24, 1997 SECURITIES AND EXCHANGE COMMISSION V. WILLIAM H. MALEK, DEAN C. TURNER AND MICHAEL L. COOPERSTOCK, U.S. District Court for the Eastern District of Michigan, Civil Action No. 97-74810 (E.D. Mich. September 19, 1997) The Securities and Exchange Commission announced that on September 19, 1997, it filed a Complaint in the United States District Court for the Eastern District of Michigan against William H. Malek, formerly a resident of Bellaire, Michigan, Dean C. Turner, a resident of Franklin, Michigan and Michael L. Cooperstock, a resident of Whitmore Lake, Michigan. The Complaint seeks the entry of a final order of permanent injunction against Malek, Turner and Cooperstock, disgorgement of Turner's ill-gotten gains and civil penalties against Turner and Cooperstock. The Complaint alleges that all three defendants violated the securities registration and the antifraud provisions of the Securities Act of 1933 (Securities Act) and the broker-dealer registration and antifraud provisions of the Securities Exchange Act (Exchange Act). In its Complaint, the Commission alleges that, from approximately 1990 through October 1995, Malek was the president and a 50 percent shareholder in Lease Equities Fund, Inc. (LEF), which leased equipment for use by businesses and financed these transactions by offering and selling securities in the form of promissory notes secured by the equipment leases. According to the Complaint, LEF also offered and sold promissory notes secured by cable television agreements assigned to LEF by NBF Cable Systems, Inc. (NBF), a cable television company affiliated with LEF. The Complaint alleges that, from 1990 through October 1995, Malek operated a Ponzi scheme by using part of the proceeds of new promissory notes to repay previous investors in the notes, by forging equipment leases and by overassigning leases. The Complaint further alleges that, from 1990 through approximately 1995, Malek caused LEF to offer and sell unregistered LEF securities and that, from approximately October 1992 through October 1995, Turner and Cooperstock offered and sold unregistered LEF securities. According to the Complaint, Malek, Turner and Cooperstock made misrepresentations and omissions of material fact to investors concerning the use of investor funds, the source of funds to be repaid to investors, the risks associated with the securities, the collateral for the securities and the returns to be realized, and Turner made misrepresentations and omitted to state facts regarding his ownership interest in NBF and his status as an officer of both LEF and NBF. Malek and Cooperstock have consented, without admitting or denying the allegations in the Complaint, to the entry of a Final Judgment and Order of Permanent Injunction which will enjoin them from future violations of Sections 5(a), 5(c) and 17(a) of the Securities Act and Sections 10(b), 15(a) and 15(c) of the Exchange Act and Rules 10b-5 and 15c1-2 thereunder. The Final Judgment will not order Cooperstock to pay a civil penalty, pursuant to Section 21(d) of the Exchange Act, based on his demonstrated inability to pay. In April 1997, A U.S. District Court judge sentenced ======END OF PAGE 1====== Malek to 42 months imprisonment and ordered him to pay $11 million in restitution to LEF investors. Malek had previously pled guilty to one count of mail fraud in connection with his LEF activities. ======END OF PAGE 2======