-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14710 / November 2, 1995 Accounting and Auditing Enforcement Release No. 735 / November 2, 1995 SECURITIES AND EXCHANGE COMMISSION V. AUTOMATED TELEPHONE MANAGEMENT SYSTEMS, INC., AKHILESH CHANDOKE, FRANK C. MZYK AND DAVID H. JACOBS, United States District Court for the Northern District of Texas, Civil Action No. 395-CV-2613-X. The Securities and Exchange Commission announced the filing of a civil injunctive action on November 1, 1995 in the United States District Court for the Northern District of Texas against Automated Telephone Management Systems, Inc. ("ATM"), Akhilesh Chandoke, the former president, chief executive officer, and director of ATM, Frank Mzyk, the former controller and principal accounting officer of ATM, and David Jacobs, the former secretary and vice president of sales at ATM. In its complaint, the Commission alleges that Chandoke, Mzyk and Jacobs engaged in a fraudulent scheme to inflate ATM's revenue for the fiscal year ended September 30, 1993. The Commission alleges that the defendants arranged for a third party to sign a fictitious sales contract, and that ATM recognized $1.3 million in revenue from the transaction, which accounted for twenty-five percent of ATM's revenue for fiscal year 1993. The Commission further alleges that the defendants convinced an ATM customer to backdate a contract in order to facilitate the inclusion of the revenue in ATM's financial statements for the fiscal year ended September 30, 1993. In addition, the Commission alleges that the defendants concealed inventory, created fictitious invoices, and backdated ATM internal documents to conceal the fraud from ATM's auditors. The Commission alleges that Chandoke, Mzyk and Jacobs were responsible for material misrepresentations and omissions concerning ATM's transactions in a periodic report filed with the Commission. Additionally, the Commission alleges that the defendants made materially false statements and omitted to disclose material information to ATM's auditors in connection with the audit of ATM's financial statements. The Complaint requests that the Court permanently enjoin Chandoke, Mzyk and Jacobs from violating Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5, 13b2-1, and 13b2-2 thereunder, prohibit Chandoke, Mzyk and Jacobs from serving as an officer or director of a public company, and to impose civil penalties as the Court determines appropriate. The Complaint also requests that the Court permanently enjoin ATM from violating Sections 10(b), 13(a), 13(b)(2)(A), 13(b)(2)(B) of the Securities Exchange Act of 1934 and Rules 10b-5, 12b-20, 13a- 1, and 13a-13 thereunder. Also today, the United States Attorney for the Northern District of Texas announced that a federal grand jury indicted Chandoke, Mzyk and Jacobs for bank fraud. The indictments allege that a financial institution was defrauded as a result of providing ATM with a line of credit based upon the company's fraudulently inflated receivables. The Commission's investigation continues as to the conduct of other entities and individuals in this matter.