-------------------- BEGINNING OF PAGE #1 ------------------- United States Securities and Exchange Commission Litigation Release No. 14700 / October 26, 1995 SEC v. PAUL N. MOBLEY, JR., P.N. MOBLEY & CO., GARY R. DETTLOFF AND THOMAS S. DRYSDALE, (E.D. Mich., No. 94 CV 70616, filed February 17, 1994). The Commission announced that on October 13, 1995, the Honorable Bernard Friedman of the U.S. District Court for the Eastern District of Michigan entered, by consent, final orders against Paul N. Mobley, Jr. (Mobley), P.N. Mobley & Co. (Mobley & Co.) and Thomas S. Drysdale (Drysdale). The order against Mobley and Mobley & Co. waived the previously imposed disgorgement in the amount of $111,058 and prejudgment interest in the amount of $18,588 and did not impose civil penalties based on their demonstrated inability to pay. The order against Drysdale imposed disgorgement in the amount of $89,054 and prejudgment interest in the amount of $17,500, waived the payment of disgorgement and interest, and did not impose civil penalties based on his demonstrated inability to pay. The Court previously had permanently enjoined Mobley and Mobley & Co., by their consent, from future violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 10b-5 and 10b-9 thereunder for making false and misleading statements to investors, misappropriating investor funds and violating the all- or-none provisions of the offerings. The Court also had permanently enjoined Drysdale, by his consent, from future violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rules 10b-5 and 10b-9 thereunder for making false and misleading statements to investors and misappropriating investor funds. As a result, Gary R. Dettloff (Dettloff) is the only remaining defendant to this action. The Complaint filed in this action alleged that from March 1991 to April 1992, Mobley, acting through Mobley & Co., promoted a limited partnership offering for the Pensacola Limited Partnership (Pensacola) and Cantonment Limited Partnership (Cantonment). These partnerships, which collectively raised at least $766,000 from 44 investors, were formed to purchase specific convenience stores. In connection with these offerings, the Complaint alleged that Mobley, Mobley & Co, and Dettloff, the general partner of the partnerships, misrepresented and omitted to state material facts to investors concerning the intended use of investor proceeds, the all-or-none safeguards of the offerings, the use of escrow bank accounts, Mobley's undisclosed control of the partnerships and Mobley's criminal background. -------------------- BEGINNING OF PAGE #2 ------------------- -2- As to Drysdale, the Complaint alleged that from December 1991 to at least January 1992, in part to repay Pensacola and Cantonment funds, Drysdale promoted a limited partnership offering for the Omega Limited Partnership (Omega). The Complaint alleged that during this period, Omega raised at least $87,000 from four investors. In connection with this offering, the Complaint charged that Drysdale misrepresented and omitted to state material facts to investors concerning the use of investor proceeds, and the risk, liquidity and profitability of the Omega units.