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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
INVESTORS DISTRICT CREDITORS COMMISSION NOTEHOLDER REPAYMENT PLAN JUDGEMENT CHURCH SECURITIES NEWCO JUDGE HAMILTON INDIANA UNITED MANAGEMENT SERVICES ENFORCEMENT LITIGATION EXCHANGE COMMISSION FUNDS MARWIL LIQUIDATE PENDING COMPLAINT DISGORGEMENT PROVISIONS RELIEF SOUTHERN DISTRICT DISTRICT COURT CHURCH EXTENSION THIRD PARTIES PAID |
U.S. SECURITIES & EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17966 / February 4 , 2003
Accounting and Auditing Enforcement Release No. 1711 / February 4,
2003
U.S. Securities and Exchange Commission v. Church Extension of the
Church of God, Inc., United Management Services, Inc., James Perry
Grubbs and Shearon Louis Jackson, U.S. District Court for the Southern
District of Indiana, Cause No. IP 02-1118 C H/S (S.D. Indiana 2002).
The U.S. Securities and Exchange Commission (Commission) announced
that on January 31, 2003, the Honorable Judge David F. Hamilton of the
United States District Court for the Southern District of Indiana
entered an Order (A) Approving Plan for Noteholder Repayment by Church
Extension of the Church of God, Inc. and United Management Services,
Inc. (entity defendants) and (B) Granting Related Relief. The
Commission commenced its enforcement case on July 22, 2002, alleging,
among other things, that the defendants fraudulently raised
approximately $85 million from the sale of investment notes to
thousands of investors nationwide.
On July 31, 2002, Judge Hamilton entered a Final Judgment and Order of
Permanent Injunction and Other Equitable Relief (Final Judgment)
against the entity defendants, enjoining them from future violations
of the antifraud provisions of the federal securities laws and
ordering disgorgement of approximately $81 million. The entity
defendants consented to the entry of the Final Judgment without
admitting or denying the allegations of the Commission's complaint.
The litigation is currently pending against the individual defendants.
The Plan for Noteholder Repayment provides for the continuation of the
entity defendants so that they may orderly liquidate their assets over
a five-year period in order to pay disgorgement to investors and other
creditors. During this period, the Commission and Jeff J. Marwil, the
court-appointed conservator in this matter, will aggressively monitor
the liquidation process. In addition, a new company (Newco) will be
formed and 10% of any funds or proceeds that Newco receives shall be
transferred to the entity defendants for distribution to investors and
other creditors.
Other key provisions of the Plan for Noteholder Repayment include
* Newco will execute a $10 million note payable to the entity
defendants, which will mature at the end of the five-year period
and will be paid to investors and other creditors;
* Judge Hamilton empowered Mr. Marwil to bring cases against third
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