U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15400 / July 2, 1997 SECURITIES AND EXCHANGE COMMISSION v. B.M.C. ENTERPRISES, INC., MICHAEL E. LOPUSZYNSKI, C. SCOTT COURTNEY, MADISON CONSULTING GROUP, INC., JONATHAN SHOUCAIR, MICHAEL ENGELHARDT, JOSEPH WIDMER, LIVESTOCK FINANCIAL SERVICES, INC., EUGENE EVANGELIST, KENT BOLLENBACH, BROOKSIDE MANAGEMENT, INC., TIMOTHY GRAYSON, LION'S SHARE VENTURES, BRENT MORRIS, JAMES PEREZ, ROBERT HAUG d/b/a WEST COAST INVESTMENTS, FRONTLINE CONSULTING, INC., MARC LEVINE, AND IRA ITSKOWITZ, Civil Action No. 97-4811 ABC (JGx) (C.D. Cal.). The Securities and Exchange Commission announced that on July 2, 1997, it filed a Complaint in United States District Court in Los Angeles alleging fraud in the offer and sale of units in Touch Tone Partners ("Touch Tone"), a California partnership based in Canoga Park, California. Touch Tone purportedly was going to establish and operate a 900-number dating service, and pay profits from this business to individual investors. The Complaint alleges that B.M.C. Enterprises, Inc. ("B.M.C."), the promoter and initial managing partner of Touch Tone, raised approximately $3.9 million from investors nationwide through the sale of the Touch Tone securities from August 1994 through January 1995. Salespeople operating from telemarketing sales rooms sold these securities to the public. B.M.C. and the other Defendants told investors that 60% of the offering proceeds would remain in the partnership to establish the business, and that a portion of the proceeds would be used to purchase a zero coupon bond to guarantee the investment. The Complaint further alleges that salespeople at B.M.C. and Madison Consulting Group, Inc. ("Madison") told potential investors that the dating service had performed well in test-marketing, and that B.M.C. projected an annual rate of return on the investment ranging from 5% to 448%. The Commission's complaint further alleges that, contrary to these statements, B.M.C., its owners, Michael E. Lopuszynski and C. Scott Courtney, Madison, and its owners, Jonathan Shoucair and Michael Engelhardt, did not tell investors that: * B.M.C. would spend over 70% of the money raised from investors on commissions, salaries, overhead, and other expenses; * B.M.C. never purchased, and never intended to purchase, a zero coupon bond for the partnership; * the test-marketing of the pay-per-call service yielded results which were significantly poorer than those conveyed to investors; and * there was no factual basis for the projected rates of return contained in the offering brochures. The complaint alleges that these statements were materially misleading in ======END OF PAGE 1====== violation of Section 17(a) of the Securities Act of 1933 ( Securities Act ) and Section 10(b) of the Securities Exchange Act of 1934 ( Exchange Act ) and Rule 10b-5 thereunder. The Complaint also alleges that the following parties, all based in Southern California, illegally offered and sold unregistered securities (in violation of Section 5(a) and 5(c) of the Securities Act) and operated as unregistered broker-dealers (in violation of Section 15(a)(1) of the Exchange Act): B.M.C., Lopuszynski, Courtney, Madison, Shoucair, Engelhardt, Joseph Widmer, Livestock Financial Services, Inc., Eugene Evangelist, Kent Bollenbach, Brookside Management, Inc., Timothy Grayson, Lion's Share Ventures, Brent Morris, James Perez, Robert Haug d/b/a West Coast Investments. By its complaint, the Commission seeks permanent injunctions, civil penalties, and accountings from all of the Defendants. The Commission also seeks disgorgement of ill-gotten gains with prejudgment interest received by B.M.C., Madison, and their owners. Finally, the Commission's complaint seeks disgorgement from Frontline Consulting, Inc. and its owners, Marc Levine and Ira Itskowitz, who are named in the complaint for purposes of relief only, because they received funds raised from investors in the Touch Tone offering. **** SEC Warns Investors on How to Avoid and Report Securities Fraud The SEC s Office of Investor Education and Assistance has information for investors with practical tips on how they can spot, avoid, and report securities fraud. Investors can receive this and other helpful information by calling the SEC's toll-free information line at 1-800-SEC-0330, or visiting the SEC's website at http://www.sec.gov. Investors may also write to the Office of Investor Education and Assistance, U.S. Securities and Exchange Commission, 450 Fifth Street, N.W., Mail Stop 11-2, Washington, D.C. 20549. ======END OF PAGE 2======