==========================================START OF PAGE 1====== U.S. SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15366 / May 15, 1997 SECURITIES AND EXCHANGE COMMISSION V. STEPHEN J. MURPHY Civil Action No. CV 97-2719 JMI (CWx) (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced that on May 13, 1997, the Honorable James M. Ideman, United States District Judge, granted the Commission's application for a preliminary injunction to continue a freeze on the assets of Defendant Stephen J. Murphy ("Murphy"). The asset freeze shall remain in effect pending final resolution of the Commission's lawsuit, filed April 21, 1997. To further protect investor funds, the Court additionally ordered Murphy to provide a detailed accounting of his assets and enjoined him from dissipating any assets and from destroying any documents related to the fraudulent scheme. In its Complaint, the Commission alleges that since at least June 1996, Murphy has offered and sold limited partnership interests through a company doing business as ATM Global, Inc. ("ATM Global"). The limited partnership was to raise $2.8 million from investors and then acquire, own and operate automated teller machines ("ATMs") nationwide. ATMs generate revenue through transaction fees charged to customers who use them. The written offering materials state that the projected return to investors would be over 176% in the first year and 203% annually in the second through seventh years. Murphy designed the limited partnership program and led the promotional and sales efforts. To date, Murphy himself has raised at least $327,500 from investors. The Commission's preliminary injunction application alleges that, in offering and selling the limited partnership interests to investors, Murphy misrepresented his identity by using the aliases "Jack Davis," "Gregg Davis" and "Mike Fox." Furthermore, as set forth in the Complaint, Murphy failed to disclose the entry of, and the terms of, a 1994 Final Judgment entered against him in an earlier Commission action enjoining him from future violations of the registration and antifraud provisions of the federal securities laws. SEC v. American Capital Investments, et al., Civil Case No. CV-93-5280 CBM (JRx)(C.D. Cal.)(Lit Rel. No. 14185). Murphy also failed to disclose that in 1994 the Commission had revoked his registration as an investment adviser and barred him from association with any broker, dealer, municipal securities dealer, investment company or investment adviser. Murphy further failed to disclose that another company he owned and managed, American Capital Investments, Inc., was placed into receivership. ==========================================START OF PAGE 2====== - 2 - The Complaint also alleges that Murphy violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and seeks preliminary and permanent injunctions, and other relief, including disgorgement and civil penalties, against Murphy for his latest violations of the antifraud provisions of the federal securities laws.