UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15871/ September 3, 1998 SECURITIES AND EXCHANGE COMMISSION v. JAMES MICHAEL COGLEY and THE OHIO ESTATE GROUP, DEFENDANTS, United States District Court for the Southern District of Ohio, No. C2-98-802. The Securities and Exchange Commission announced that on August 18, it obtained by consent an Order of Preliminary Injunction (the "Order") against James Michael Cogley (Cogley) and The Ohio Estate Group (OEG). The Order restrains Cogley from continuing to engage in violations of Section 17(a) of the Securities Act of 1933 (Securities Act), Sections 10(b), 15 (a)(1) and 15(c)(1) of the Securities Exchange Act of 1934 (Exchange Act), Rules 10b-5 and 15c1-2 promulgated thereunder and Section 206(1) and (2) of the Investment Advisers Act of 1940. The Order restrains OEG from continuing to engage in violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5 promulgated thereunder. The Order also freezes the assets of Cogley and OEG with the exception of payroll payments to OEG employees for the pay period immediately preceding the Court's entry of a temporary restraining order (the "Temporary Order") against Cogley and OEG on August 11, and the liquidation of an annuity in Cogley's name for purposes of paying for his living expenses. On August 28, the Court entered an order by consent on the Commission's emergency motion to show cause why the Defendants should not be held in contempt. The order, among other things, finds that Cogley and OEG violated the provision of the Temporary Order that froze Cogley's and OEG's assets. Since at least August 1997, Cogley and OEG have been engaged in a scheme to defraud primarily elderly and retired investors by misrepresenting facts relating to the use of invested funds, the safety of those funds, and the return on the investments. Moreover, Cogley and OEG failed to tell investors of Cogley's disciplinary and financial history and OEG's financial condition. The defendants received approximately $2,400,000 from at least 44 investors. Investors were told that their funds would be invested in real estate or business development projects. In fact, less than 10% of the funds received were invested in any real estate projects. The majority of funds were actually used to pay Cogley's personal expenses, OEG's business expenses and principal and interest payments to earlier investors.