U.S. SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15418 / July 24, 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 July 15, 1997, the Honorable James M. Ideman, United States District Judge, entered a permanent injunction ("Injunction") against a repeat securities violator from Playa del Rey, California, Stephen J. Murphy ("Murphy"), for his role in a scheme involving selling investments in a business that was to own and operate automated teller machines ("ATMs"). In its Complaint, the Commission alleges that since at least June 1996, Murphy offered and sold limited partnership interests through a Los Angeles 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 ATMs nationwide. ATMs generate revenue through transaction fees charged to customers who use them. The written offering materials that Murphy approved 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 $377,500 from investors located in Southern California, South Carolina and Virginia. The Commission 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 Commission's 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 fraud and registration violations 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). In that case, the Commission alleged that Murphy fraudulently offered and sold investments in real estate ventures. Murphy also failed to disclose that, in 1994, the Commission had revoked his registration as an investment adviser and barred him from the securities industry. Murphy further failed to disclose that another company he owned and managed, American Capital Investments, Inc., was placed into receivership. The Injunction permanently enjoins Murphy from future fraud violations of the federal securities laws. Specifically, the Injunction enjoins Murphy from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Injunction - 2 - ======END OF PAGE 1====== also continues a freeze on Murphy's assets until further order of the Court. The Injunction additionally orders that Murphy shall pay disgorgement, prejudgment interest and, if appropriate, civil penalties in amounts subsequently to be determined by the Court. Murphy consented to the entry of the Injunction without admitting or denying the Commission's allegations. On April 21, 1997, the Commission obtained a temporary restraining order against Murphy to freeze his assets to protect investor funds. On May 15, 1997, the Court entered a preliminary injunction against Murphy which continued the asset freeze. ======END OF PAGE 2======