-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14768 / December 29, 1995 SECURITIES AND EXCHANGE COMMISSION v. JAMES McCURRY and WILLIAM E. POWDRILL, III. USDC/WD LA/Shreveport Div/Civil Action No. CA- 95-0552-S The Securities and Exchange Commission today announced the entry of Final Judgments of Permanent Injunction against James McCurry ("McCurry") and William E. Powdrill, III ("Powdrill") on December 19, 1995 by the U.S. District Court for the Western District of Louisiana, Shreveport Division. McCurry and Powdrill consented to the entry of the Final Judgments, without admitting or denying the allegations in the Commission's Complaint. The Final Judgments permanently enjoined them from violating the anti-fraud provisions (Section 17(a) of the Securities Act ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder) and the securities registration provisions (Sections 5(a) and 5(c) of the Securities Act) of the securities laws. Based upon the defendants' inability to pay, disgorgement and prejudgment interest was waived as to Powdrill, and civil penalties were not imposed against either defendant. The Commission alleged that McCurry was the compliance officer and operations manager, and Powdrill was a registered sales representative and a director, of Biedenharn Investment Group, Inc. ("BIG"), a Shreveport, Louisiana broker-dealer. BIG, formerly registered with the Commission as a broker-dealer, ceased its operations in April 1993. The Commission alleged that from at least April 1988 until September 1992, Powdrill and McCurry raised $12.8 million through the offer and sale of Secured Recourse Non-Negotiable Promissory Notes ("notes") issued by Towers Credit Corporation and Towers Financial Corporation ("Towers"), of which $5.2 million subsequently defaulted. The Commission also alleged that the defendants misrepresented the safety of the notes by comparing them to Certificates of Deposit and by claiming the notes offered high yields without the risks associated with high yield investments, when they knew, or were reckless in not knowing that the notes were speculative and subject to numerous risks. The Commission's Complaint further alleged that the defendants falsely told investors that certain of the notes were covered by insurance or were fully collaterized. For further information, see Litigation Release Nos. 12975, 13514 and 144450.