UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15712 / April 20, 1998 SEC v. Ted E. Mong, Liberty Bell Association, Inc., and McKenzie Matthew, Inc., U.S.D.C. S.D. Ohio, No. C2-96-989, filed September 30, 1996. The Commission announced that the Honorable James Graham of the United States District Court for the Southern District of Ohio entered an Order of Permanent Injunction and Other Equitable Relief (Order) By Default against Liberty Bell Association, Inc. (Liberty Bell) and McKenzie Matthew, Inc. (McKenzie), for their misrepresentations and omissions in connection with the offer and sale of promissory notes to approximately 45 individual investors. Liberty Bell and McKenzie, two Ohio corporations based in Newark, Ohio, raised more than $1.6 million by selling promissory notes to investors from approximately March 1993 until August 1995. In its Complaint, the Commission alleged that Liberty Bell and McKenzie, through Defendant Ted E. Mong (Mong), their President, and others, misrepresented the risk of investing in the promissory notes, the return investors would receive and the use of investor proceeds. In particular, the Commission alleged that individuals who purchased promissory notes from Liberty Bell and McKenzie were told that investor funds would be loaned to successful companies, that investors could earn up to a 230% return on their investment and that their funds were completely secured by U.S. Government bonds, government securities and real estate equity. Instead, the Commission alleged that Liberty Bell and McKenzie directed investor funds to two struggling companies that used investor funds for operating capital, while the promised collateral for investor funds did not exist. Most of the investors who bought promissory notes from Liberty Bell and McKenzie lost nearly their entire investment. The Court deemed the Commission's allegations to be true. Based on these allegations, the Commission charged Defendants Liberty Bell and McKenzie with violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The Order permanently enjoins Liberty Bell and McKenzie from further fraudulent conduct in violation of the antifraud provisions of the federal securities laws. The Order requires Liberty Bell to disgorge its ill-gotten gains of $1,251,600.36 and to pay $329,711.96 in prejudgment interest on that amount. The Order further requires McKenzie to disgorge its ill-gotten gains of $223,698.59 and to pay $88,058.73 in prejudgment interest on that amount. The Court also found in the Order that civil penalties were appropriate against Liberty Bell and McKenzie but reserved determination of the amount of any such penalties for a future date. The action against Mong is still pending.