==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14800 / January 29, 1996 SECURITIES AND EXCHANGE COMMISSION v. CONTINENTAL WIRELESS CABLE TELEVISION, INC., ROBIN J. MCPHERSON, JAY R. BISHOP AND GENE R. CARDENAZ, Civil Action No. 94-0737S (BTM) (S.D. Cal.) The Securities and Exchange Commission announced that on January 22, 1996, the Honorable Edward J. Schwartz, United States District Judge for the Southern District of California, granted the Commission's motion for summary judgment of disgorgement, which sought $995,000, plus prejudgment interest thereon, against Defendant Jay R. Bishop. Previously, on September 20, 1995, the Court entered an Order granting the Commission's motion for summary judgment against Bishop, and permanently enjoining Bishop from further violations of the securities registration provisions of Sections 5(a) and 5(c) of the Securities Act of 1933, the antifraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and the broker-dealer registration provisions of Section 15(a)(1) of the Exchange Act. The Commission's complaint, filed May 11, 1994, alleged that Defendants Bishop, Robin J. McPherson and Gene R. Cardenaz, through Defendant Continental Wireless Cable Television, Inc., fraudulently offered and sold securities in the form of interests in two wireless cable television "general partnerships." Defendants Bishop, McPherson and Cardenaz raised approximately $39 million from 2,574 investors nationwide, misrepresenting to investors that the investors' monies would be used to acquire, develop and market wireless cable televisions systems in Nashville, Tennessee and New Orleans, Louisiana. In fact, the Defendants used only approximately $4 million to acquire, develop and market the wireless cable television systems, and misappropriated and misused the remainder of investor monies to pay Continental's own overhead expenses in selling the partnership interests, including to pay at least $11 million in sales commissions and salaries, and to "loan" officers Bishop, McPherson and Cardenaz approximately $1 million each. McPherson and Cardenaz were previously enjoined from future violations of the above provisions by orders entered August 7, 1995, pursuant to their consents, and ordered to disgorge their ill-gotten gains, with the exception of amounts that they had demonstrated they were unable to pay. The action is ongoing with respect to Defendant Continental Wireless Cable Television, Inc., which has been in receivership pursuant to Court order since July 12, 1995. For further information see LR-14118, LR-14163, LR- 14630 and LR-14690. ==========================================START OF PAGE 2====== SUMMARY JUDGMENT OF DISGORGEMENT GRANTED AGAINST JAY R. BISHOP, FORMER CEO OF CONTINENTAL WIRELESS CABLE TELEVISION, INC. On January 22, 1996, the Honorable Edward J. Schwartz, United States District Judge for the Southern District of California, granted the Commission's motion for summary judgment of disgorgement, which sought $995,000 plus prejudgment interest, against Defendant Jay R. Bishop. Previously, on September 20, 1995, the Court entered an order permanently enjoining Bishop from further violations of the securities registration provisions of Sections 5(a) and 5(c) of the Securities Act of 1933, the antifraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and the broker-dealer registration provisions of Section 15(a)(1) of the Exchange Act. The Commission's complaint, filed May 11, 1994, alleged that the Defendants fraudulently offered and sold securities in the form of interests in two wireless cable television "general partnerships." The Defendants misappropriated and misused approximately 75% of the $39 million raised from 2,574 investors. McPherson and Cardenaz were previously enjoined from violating the above provisions on August 7, 1995, pursuant to their consents, and ordered to disgorge their ill-gotten gains, except for amounts they had demonstrated they were unable to pay. See LR-14118, LR- 14163, LR-14630 and LR 14690. [SEC v. Continental Wireless Cable Television, Inc., et al., Civil Action No. 94-0737S (BTM) (S.D. Cal.)] (LR- )