x ==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14966 / June 27, 1996 Securities and Exchange Commission v. First Financial Acceptance Company, Inc., et. al. (W.D. Michigan, S. Div., Civil Action No. 1:94-CV-228, filed April 13, 1994) The Securities and Exchange Commission announced that on April 13, 1994, it filed a Complaint, along with a Consent and Stipulation of all defendants, in the United States District Court for the Western District of Michigan, seeking to enjoin: (i) First Financial Acceptance Company, Inc. (First Financial), Richard W. Brown (Brown), and Robert I. Wilson (Wilson) from violations of Section 17(a) of the Securities Act of 1933 (the Securities Act) and Section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Rule 10b-5 thereunder; and (ii) First Financial Investment Co., Inc. (First Financial Investment) and Custodial Services, Inc. (Custodial) from violations of Section 15C(a)(1) of the Exchange Act and against Brown and Wilson for aiding and abetting those violations. The Complaint also seeks civil penalties pursuant to the Penny Stock Reform Act of 1990. The Complaint alleges that from at least November 1991 until at least August 1992, First Financial, Brown, and Wilson offered and sold $17,000 worth of unregistered corporate notes (the Corporate Notes) of First Financial, by the use of advertisements in major newspapers, the telephone, and an offering memorandum. The Complaint alleges that First Financial, Brown, and Wilson made material misrepresentations and omissions to the offerees of the Corporate Notes. The misrepresentations included a guarantee that investors' funds were secured by the interest stream from U.S. Treasury Bonds, when in fact, First Financial did not own any U.S. Treasury Bonds to pledge as a guarantee. Furthermore, First Financial, Brown, and Wilson misrepresented the assets of First Financial and the use of funds. Finally, First Financial, Brown and Wilson omitted to tell investors that a principal of First Financial and the architect for the Corporate Notes program was currently incarcerated for criminal fraud, had been previously convicted of mail fraud, wire fraud, counterfeiting, and transporting stolen securities, and had been previously enjoined in an action brought by the Securities and Exchange Commission. The Complaint also alleged that from at least May 1992 through at least April 1993, First Financial Investment and Custodial offered and sold government securities for the accounts of others without being registered with the Securities and Exchange Commission in any capacity. The Complaint further alleges that Brown and Wilson aided and abetted these violations. Brown and Wilson owned and operated these two companies, spoke to ==========================================START OF PAGE 2====== investors, chose what Treasury Notes to purchase for the investors, and opened and maintained the bank and brokerage - 2 - accounts of behalf of these companies. The defendants consented to the entry of orders of permanent injunction against each of them, and Brown and Wilson agreed to pay a civil penalty in the amount of $17,000. On April 20, 1994, Judge Benjamin F. Gibson entered an Order of Permanent Injunction against the defendants.