SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16106 / April 6, 1999 [United States v. James Michael Cogley, et al., S.D. OH; No. CR2- 99-039] [SEC v. James Michael Cogley, et al., S.D. OH; No. C2-98- 802] COURT FINDS JAMES MICHAEL COGLEY IN CRIMINAL CONTEMPT FOR VIOLATING PRELIMINARY INJUNCTION ORDER The Commission announced that on April 1, 1999, the United States District Court for the Southern District of Ohio accepted James Michael Cogley’s (Cogley) guilty plea to criminal contempt for violating provisions of an Order of Preliminary Injunction entered against him by consent on August 18, 1998. The Court found that Cogley violated a provision of the Preliminary Injunction that prohibited him from receiving, directly or indirectly, funds for the purpose of investment. The Court noted that Cogley was a "predator of a different sort" and sentenced him to 30 days in jail, fined him $1000 and ordered a special assessment of $25. Earlier, on February 24, 1999, the Commission filed an Emergency Motion for an Order to Show Cause why Cogley should not be held in civil contempt for violating the Preliminary Injunction. At the civil contempt hearing on March 5, 1999, it was established that Cogley had received at least $310,000 from at least two investors. The Court found that Cogley’s conduct violated the Preliminary Injunction and set a criminal contempt hearing to determine whether Cogley should be held in criminal contempt for the violative conduct.