U.S. SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15977 / November 17, 1998 SECURITIES AND EXCHANGE COMMISSION V. STEPHEN J. MURPHY Civil Action No. CV 97-2719 JMI (CWx) (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced that on September 29, 1998, the Honorable Terry J. Hatter, Chief United States District Judge, entered a final judgment against Stephen J. Murphy ("Murphy") permanently enjoining him from violating the antifraud provisions of the federal securities laws. The final judgment also sets disgorgement of Murphy's ill-gotten gains at $377,500 and pre- judgment interest thereon at $48,551 but waives payment of these amounts, and does not impose civil penalties, based upon Murphy's demonstrated inability to pay. In its Complaint, the Commission alleges that Murphy offered and sold limited partnership interests through a Los Angeles company doing business as ATM Global, Inc.. The Commission alleges that, in offering and selling the limited partnership interests to investors, Murphy misrepresented his identity by using the aliases "Jack Davis," "Gregg Davis" and "Mike Fox." Furthermore, Murphy failed to disclose the entry of, and the terms of, a 1994 Final Judgment entered against him in an earlier Commission action enjoining him from future fraud and registration violations of the federal securities laws. SEC v. American Capital Investments, et al., Civil Case No. CV-93-5280 CBM (JRx)(C.D. Cal.)(Lit Rel. No. 14185). In that case, the Commission alleged that Murphy fraudulently offered and sold investments in real estate ventures. Murphy also failed to disclose that, in 1994, the Commission had revoked his registration as an investment adviser and barred him from the securities industry. Murphy further failed to disclose that another company he owned and managed, American Capital Investments, Inc., was placed into receivership. The final judgment enjoins Murphy from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Murphy consented to the entry of the final judgment without admitting or denying the Commission's allegations.