==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15347 / April 23, 1997 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 (CGA) (S.D. Cal.) The Securities and Exchange Commission announced that on April 21, 1997, it filed a motion for judgment of civil contempt against Defendant Jay R. Bishop. The motion is based upon Bishop's failure to pay any but a small portion of the $995,000 in disgorgement and $128,654.44 in prejudgment interest thereon he was ordered to pay pursuant to the final judgment of disgorgement entered against him on February 12, 1996, by the Honorable Edward J. Schwartz, United States District Judge for the Southern District of California, following the Court granting the Commission's motion for summary judgment. The Commission's motion seeks a finding from the Court that Bishop is in contempt of the Judgment, and an order that Bishop be incarcerated until he complies with the judgment. Previously, on September 20, 1995, the Court entered an Order granting the Commission's motion for summary judgment against Bishop, 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. McPherson and Cardenaz were 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. On April 17, 1997, the Court entered an order permanently enjoining Continental, ==========================================START OF PAGE 2====== pursuant to its consent, from violations of the above provisions, and ordering that Continental, which is operated by a Court- appointed Receiver, disgorge all assets and monies in the receivership estate, less any Court-approved fees and expenses, pursuant to a distribution plan to be proposed and approved by the Court. For further information see LR-14118, LR-14163, LR- 14630, LR-14690 and LR-14800.