-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14696 / October 20, 1995 Accounting And Auditing Enforcement Release No. 733 SECURITIES AND EXCHANGE COMMISSION v. ROBERT J. MCNULTY, et al., Civil Action No. 94 Civ.7114 (MBM) The Commission announced today that on October 10, 1995, an Order was issued against Robert J. McNulty ("McNulty"), the former Chairman of the Board of HQ Office Supplies Warehouses, Inc. ("HQOS"), HQ Office International, Inc. ("HQOI"), AG Automotive Warehouse, Inc. ("Auto Giant") and Auto Depot, Inc. ("Auto Depot"), by the U.S. District Court for the Southern District of New York, to which McNulty consented, permanently enjoining him from violations of the antifraud, issuer reporting, books and records, and beneficial ownership provisions of the federal securities laws, and the provision prohibiting misrepresentations to auditors. In a complaint filed by the Commission on September 30, 1994, McNulty was charged with orchestrating a complex scheme to defraud investors by using the proceeds of securities offerings by HQOS, HQOI, Auto Giant and Auto Depot to finance the operations of affiliated companies and the companies' underwriter and market maker, Global America, Inc., rather than for the stated purpose of funding the issuers' operations. Also charged were three individuals who acted as officers and directors of HQOS, HQOI, Auto Giant and Auto Depot and a business associate of McNulty's. In connection with this scheme, McNulty and the other defendants caused false and misleading registration statements and annual and quarterly reports to be filed with the Commission, caused the companies' books and records to be false, and made false statements to the companies' auditors with respect to certain intercompany loans, transfers and advances. McNulty also failed to file required reports with the Commission concerning his beneficial ownership of securities issued by Auto Depot. The Court also ordered McNulty to disgorge ill-gotten gains of $70,000.00, and to pay prejudgment interest, but waived payment based upon McNulty's demonstrated inability to pay, and noted the appropriateness of civil penalties, but did not impose them for the same reason. In consenting to the order, McNulty neither admitted nor denied the Commission's allegations, and he agreed to cooperate with the Commission in all future proceedings in this matter. For further information, see SEC Litigation Release Numbers 14274 (Sep. 30, 1994), 14413 (Feb. 16, 1995), and 14641 (Sep. 19, 1995).