SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 16114 / April 21, 1999 SECURITIES AND EXCHANGE COMMISSION v. RANDOLPH W. LENZ, Civil Action No. 1:99CV00990 (HHK), (D.D.C.) (filed April 21, 1999) On April 21, 1999, the Commission filed a settled complaint in the United States District Court for the District of Columbia against Randolph W. Lenz, a former officer of Terex Corporation and the former Chairman of the Board of Directors of Fruehauf Trailer Corporation and CBC Bancorp, alleging violations of the beneficial ownership reporting provisions of the Securities Exchange Act of 1934. The complaint alleges that, in connection with his beneficial ownership of the equity securities of Terex, Fruehauf and CBC, Lenz violated Sections 13(d), 13(g) and 16(a) of the Securities Exchange Act of 1934 and Rules 13d- 1, 13d-2, 16a-2, 16a-3 and former Rule 16a-1 thereunder by failing to timely file twenty-seven amendments to Schedules 13D and 13G, and by failing to timely file twenty-six Forms 3, 4 and 5 in transactions worth approximately $20.6 million. Without admitting or denying the allegations in the complaint, Lenz consented to the entry of a final judgment imposing a $58,000 penalty. The shares of Terex are traded on the New York Stock Exchange. Fruehauf’s stock traded on the New York Stock Exchange until it was delisted on October 25, 1996, and CBC’s stock traded on the NASDAQ Small-Cap Market until it was delisted on June 22, 1995. In a related matter, the Commission issued an administrative Order pursuant to Section 21C of the Exchange Act finding that Lenz violated the provisions of the Exchange Act as set forth above. Without admitting or denying the allegations in the Commission’s Order, Lenz consented to the entry of the Order requiring him to cease and desist from committing or causing any violations or any future violations of the beneficial ownership reporting provisions of the Exchange Act cited above.