SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE No. 15554 / November 7, 1997 SECURITIES AND EXCHANGE COMMISSION v. NORMAN L. BROOKS, FINANCIAL ADVISORS, INC. (d.b.a. "AMERICAN FINANCIAL ADVISORS"), AMERICAN CAPITAL FUNDING, INC., FW ADVISORS, INC., WILLIAM F. KANE, JAMES PAPATOLA, VICTOR G. CAMPANA, JAMES BROOKS (a.k.a. "David Gertzinger"), KEN BOGANNAM, ADAMS FINANCIAL SERVICES, INC., ADAMS FINANCIAL GROUP, INC., MICHAEL W. ADAMS, RONNIE LEE AWTRY, KARL DON MILSTEAD, DONALD H. STRINGER, DAVID M. STOVER, and SAINT CLAIR AINSLEY KNIGHT, JR. (United States District Court for the District of New Hampshire, C.A. No. C-94-167-JD) The Securities and Exchange Commission announced the entry on October 28, 1997, of a final judgment holding Financial Advisors, Inc., American Capital Funding, Inc., and FW Advisors, Inc., jointly and severally liable for disgorgement of $3.625 million. In its Complaint, which it filed on April 5, 1994, the Commission alleged that the three entities and thirteen other defendants raised that amount from more than 100 investors in 25 states through a fraudulent "boiler-room" offering of unregistered securities. The Commission further alleged that each of the defendants made false statements and omissions of material fact to potential investors, including representations that the proceeds of the sales of the securities would be used to make automobile loans the repayment of which was "insured," when, in fact, most of the proceeds of the securities sales were converted to the personal benefit of the defendants. The Commission charged the defendants with violations of the antifraud and securities and broker-dealer registration provisions of the federal securities laws. The three entities consented to the entry of the final judgment without admitting or denying any of the Commission s substantive allegations. The three entities disgorgement liability will be partially satisfied by the immediate deposit into the court registry of approximately $730,000 held by the three entities under the terms of an asset freeze order issued by the court at the outset of the case. The remainder of the disgorgement liability will be paid as the entities assets are marshaled and liquidated by a receiver in whose control the three entities were placed pursuant to prior order of the court. Upon dissolution, the three entities will be required to pay all of their remaining assets to the registry of the court in satisfaction of their disgorgement liability and any unsatisfied disgorgement liability will be waived based upon financial inability to pay. Civil monetary penalties were not imposed based upon a demonstrated inability to pay. The three entities previously were enjoined permanently by default from further violating the provisions of the federal securities laws the Commission alleged they had violated. The Commission now has obtained complete relief against fourteen of the sixteen defendants in this case. The only issues - 2 - remaining are the amounts of monetary relief the principal promoter of the ======END OF PAGE 1====== scheme, Norman L. Brooks, and his son, James Brooks (a.k.a. David Gertzinger ), will be required to pay. The Commission anticipates that it will submit for court approval a plan for distributing to defrauded investors the funds disgorged by Financial Advisors, Inc., American Capital Funding, Inc., and FW Advisors, Inc., along with those funds disgorged by the other defendants in the case. In addition, six of the defendants in the Commission s action, including N. Brooks, J. Brooks, have been convicted of various federal and state criminal offenses on the basis of their involvement in the scheme. For more information, see prior Litigation Release Nos. 15443, 14048, 14055, 14076, 14142, 14235, 14324, 14410 and 14703. ======END OF PAGE 2======