-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14690 / October 16, 1995 SECURITIES AND EXCHANGE COMMISSION v. CONTINENTAL WIRELESS CABLE TELEVISION, INC., ROBIN J. MCPHERSON, JAY R. BISHOP AND GENE R. CARDENAZ, Civil Action No. 94-0737S (BTM) (S.D. Cal.) The Securities and Exchange Commission announced that on September 20, 1995, the Honorable Edward J. Schwartz, United States District Judge for the Southern District of California, entered an Order granting the Commission's motion for summary judgment against Defendant Jay R. Bishop, and permanently enjoining Bishop from further violations of the securities registration provisions of Sections 5(a) and 5(c) of the Securities Act of 1933, the antifraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and the broker- dealer registration provisions of Section 15(a)(1) of the Exchange Act. The Commission also sought disgorgement of $995,000 in ill-gotten gains received from Bishop and prejudgment interest thereon, which claim the Court determined will be decided at a later date. The Commission's complaint, filed May 11, 1995, alleged that Defendants Bishop, Robin J. McPherson and Gene R. Cardenaz, through Defendant Continental Wireless Cable Television, Inc., fraudulently offered and sold securities in the form of interests in two wireless cable television "general partnerships." Defendants Bishop, McPherson and Cardenaz raised approximately $39 million from 2,574 investors nationwide, misrepresenting to investors that the investors' monies would be used to acquire, develop and market wireless cable televisions systems in Nashville, Tennessee and New Orleans, Louisiana. In fact, the Defendants used only approximately $4 million to acquire, develop and market the wireless cable television systems, and misappropriated and misused the remainder of investor monies to pay Continental's own overhead expenses in selling the partnership interests, including to pay at least $11 million in sales commissions and salaries, and to "loan" officers Bishop, McPherson and Cardenaz approximately $1 million each. McPherson and Cardenaz were previously enjoined from future violations of the above provisions by orders entered August 7, 1995, pursuant to their consents, and ordered to disgorge their ill-gotten gains, with the exception of amounts that they had demonstrated they were unable to pay. The action is ongoing with respect to Defendant Continental Wireless Cable Television, Inc., which has been in receivership pursuant to Court order since July 12, 1995. For further information see LR-14118, LR-14163 and LR- 14630.