U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15837 / August 11, 1998 SECURITIES AND EXCHANGE COMMISSION v. MICHAEL A. TODD, KIM J. BROWN, JERRY L. AUBREY, GARY JASON MCCRORY, GARY L. CLEVERLY, CALVIN J. CALVIN, AND TODD J. TAYLOR, Civil Action No. 98-6509 DT (JGx)(C.D. Cal.) The Securities and Exchange Commission announced today that it filed an enforcement action in federal court in Los Angeles against Michael A. Todd, Kim J. Brown, Jerry L. Aubrey, Gary Jason McCrory, Gary L. Cleverly, Calvin J. Calvin, and Todd J. Taylor. The Commission alleges fraud in the offer and sale of stock issued by two companies, Casino Cruises Corp. and BRW Leasing Services, Inc. The Commission asserts that the defendants sold the stock through a fraudulent scheme based in Newport Beach, California that promoted a fictitious cruise ship, with gambling facilities, that would operate between Los Angeles, San Diego and Ensenada, Mexico. Defendants, led by Michael A. Todd and Kim J. Brown, raised $908,000 from 120 investors. The complaint alleges that, contrary to the representations made to investors, Todd and Brown took most of the investor funds for themselves. They misappropriated approximately $313,000, transferred $125,000 to an offshore account they controlled, and paid approximately $101,000 in undisclosed sales commissions. Todd and Brown also hid their own involvement in these businesses, claiming that other, experienced individuals operated the companies. They also falsely claimed that BRW Leasing shares would be quoted on NASDAQ. The complaint further alleges that the remaining defendants acted as sales agents for an unregistered broker-dealer that solicited investors for the stock. The Commission filed this action in connection with the Federal Trade Commission's "Risky Business" initiative against fraud in the entertainment industry. The Commission seeks permanent injunctions, disgorgement and civil penalties from Todd and Brown, and permanent injunctions and civil penalties from the other defendants. The action against Todd and Brown is based upon violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The action against the other defendants is based upon violations of Section 15(a) of the Exchange Act.