U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15121 / October 15, 1996 SECURITIES AND EXCHANGE COMMISSION v. WESTERN EXECUTIVE GROUP, INC., CASH SYSTEMS USA, INC., CHARLES R. RIETZ, ROBERT R. PARRISH, ROBERT J. STRUTH and R. STEPHEN EDGEL, Civil Action No. 96-6938 GHK (JGx) (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced that on October 7, 1996, the Honorable George H. King, United States District Court Judge for the Central District of California, signed a Temporary Restraining Order ("Order") halting a Ponzi scheme involving investment contracts for the sale and leaseback of automated teller machines ("ATMs"). The defendants offered the ATM investment program over the Internet to the public and raised over $3.49 million from at least 132 investors nationwide. This is the first lawsuit involving ATMs and the largest lawsuit involving Internet investment fraud brought by the Commission to date. In its Complaint, the Commission alleges that the defendants have operated a Ponzi scheme from at least September 1995, when they began offering and selling investments involving the sale and leaseback of privately owned ATMs (ATMs not affiliated with banks). Through simultaneously executed agreements with both WEG and Cash Systems, investors purchased ATMs from WEG for $23,950 and immediately leased them back to Cash Systems. Investors were guaranteed monthly lease payments for five years which payments would allegedly return all of the investors' principal and a yield of 17.4% per year. However, as of July 1996, only 42 ATMs were operational even though the defendants had sold 195 ATMs, and only 2 of the 42 ATMs made enough money to cover their associated monthly lease payments and expenses. Consequently, the defendants were using new investor funds to pay existing investors their monthly lease payments. The Commission obtained an order temporarily enjoining the following entities and individuals from future violations of the antifraud and registration provisions of the federal securities laws: Western Executive Group, Inc. ("WEG") headquartered in Reno, Nevada; Cash Systems USA, Inc. ("Cash Systems") headquartered in Reno, Nevada; Charles R. Rietz ("Rietz") of Mesa, Arizona; Robert R. Parrish ("Parrish") of Gilmer, Texas; Robert J. Struth ("Struth") of Southern California; and R. Stephen Edgel ("Edgel") of Carmichael, California. The order also imposes an asset freeze against WEG and Cash Systems and appoints a temporary receiver over WEG and Cash Systems. A hearing to show cause why a preliminary injunction should not be granted will be held on October 21, 1996. The Complaint also alleges that the defendants solicited investors nationwide through private investment seminars, mass mailings, cold calling and over the Internet. Defendants provided investors with offering materials which misrepresented the number of ATMs operating and the amount of money the ATMs made. Additionally, the offering materials failed to disclose that Rietz and Struth had previous orders entered against them for violating certain securities laws. The Complaint seeks preliminary and permanent injunctions, and other relief, including disgorgement and civil penalties, against the defendants. The Complaint alleges that the defendants violated Sections 5(a) and 5(c) of the Securities Act of 1933, as amended (the "Securities Act"), the registration provisions, and Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and Rule 10b-5 thereunder, the antifraud provisions. The Complaint also charges Parrish, Struth and Edgel with violations of Section 15(a) of the Exchange Act, the broker-dealer registration provisions. U.S. SECURITIES AND EXCHANGE COMMISSION PACIFIC REGIONAL OFFICE LOS ANGELES, CALIFORNIA For Immediate Release NEWS DIGEST TEMPORARY RESTRAINING ORDER GRANTED IN SEC v. WESTERN EXECUTIVE GROUP, INC., ET AL. On October 7, 1996, the Honorable George H. King, United States District Court Judge for the Central District of California, entered a Temporary Restraining Order (Order) prohibiting the offer and sale of investment contracts for the sale and leaseback of automated teller machines (ATMs) by Western Executive Group, Inc. (WEG), Cash Systems USA, Inc. (Cash Systems), Charles R. Rietz (Rietz), Robert R. Parrish (Parrish), Robert J. Struth (Struth) and R. Stephen Edgel (Edgel). The Order also appoints a temporary receiver over WEG and Cash Systems and freezes their assets. The Complaint alleges that the defendants violated 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 (Exchange Act), and Rule 10b-5 thereunder, by engaging in the fraudulent offer and sale of interests in the ATM investment program. The defendants misrepresented the number of ATMs actually operating, the fact that the ATMs were not generating sufficient funds to pay investor returns and that the program was a Ponzi scheme. Rietz and Struth also failed to disclose their previous disciplinary history. The Complaint also charges Parrish, Struth and Edgel with acting as unregistered broker-dealers in violation of Section 15(a) of the Exchange Act. SECURITIES AND EXCHANGE COMMISSION v. WESTERN EXECUTIVE GROUP, INC., CASH SYSTEMS USA, INC., CHARLES R. RIETZ, ROBERT R. PARRISH, ROBERT J. STRUTH and R. STEPHEN EDGEL, Civil Action No. 96-6938 GHK (JGx) (C.D. Cal.) Lisa A. Gok Assistant Regional Director Office of Enforcement Pacific Regional Office/Los Angeles (213) 965-3835