UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14920 / May 24, 1996 SECURITIES AND EXCHANGE COMMISSION v. CHURCHILL SECURITIES, INC., CHURCHILL MORTGAGE INVESTMENT CORP. AND GERALD P. HIRSCH, 93 Civ. 7486 (CBM). On April 17, 1996, the United States District Court for the Southern District of New York enjoined Churchill Securities, Inc. ("Churchill Securities"), a broker-dealer registered with the Commission, Churchill Mortgage Investment Corp. ("CMIC"), a mortgage lending company, and Gerald P. Hirsch ("Hirsch"), the control person of both companies, from future violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. In addition, CMIC and Churchill Securities consented to the entry of an Order requiring them to pay $10,000 and $5,000 in civil penalties, respectively. Civil penalties were not imposed upon Hirsch based upon his demonstrated inability to pay them. The Commission's Complaint in this matter, filed on November 1, 1993, alleged that the defendants violated the above-listed registration and antifraud provisions of the federal securities laws. Specifically, the Complaint alleged that, from June 1987 through November 1993, the defendants sold at least 1,030 unregistered securities in the form of fractional interests in mortgages originated by CMIC, called "mortgage participations," to at least 520 investors, raising approximately $15,000,000. The Complaint alleged that the defendants solicited public investors to purchase the mortgage participations, selected mortgages in which to assign investors, collected mortgage payments from borrowers, distributed interest payments to investors, investigated borrowers and properties, and guaranteed payment of interest and principal. The Commission's Complaint also alleged that, in connection with the offers and sales of the mortgage participations, the defendants misrepresented that the investments were safe, or low risk, when, in fact, CMIC made loans to borrowers with a high risk of default. In addition, the Complaint alleged that the defendants misrepresented that they had recorded investors' fractional mortgage interests with the appropriate public land records offices, when, in fact, in many instances they either failed to record such interests or recorded the interests only after substantial delays. In addition, the Commission's Complaint alleged that the defendants, without disclosure to investors, assigned to investors interests in mortgages which had been discharged, or upon which CMIC has commenced legal proceedings. ==========================================START OF PAGE 2====== The defendants consented to the entry of the injunctions without admitting or denying the allegations of the Commission's Complaint. For additional information, see Litigation Release No. 13853.