UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15849 / August 17, 1998 SECURITIES AND EXCHANGE COMMISSION v. MARSHALL E. MELTON; ASSET MANAGEMENT & RESEARCH, INC.; WESTVIEW CAPITAL, L.C.; TRADING PARTNERS, L.C.; and TRADING PARTNERS II, L.C., Civil Action File No. 2:97-CV-00151 (M.D.N.C.) The Securities and Exchange Commission announced that on August 7, 1998, the Honorable William L. O'Steen, United States District Judge for the Middle District of North Carolina, entered an order of permanent injunction and other relief as to defendants Westview Capital, L.C. ("Westview"), Trading Partners, L.C. ("TP") and Trading Partners II, L.C. ("TP2"). Westview, TP and TP2, which are under the control of a court appointed Receiver, consented to the relief without admitting or denying the allegations set forth in the complaint, filed by the Commission on February 24, 1997. In its complaint, the Commission alleged that violations of the antifraud provisions of the securities by Marshall Melton and the defendant companies had occurred primarily between mid-1994 and late 1996. During that time, defendants Westview, TP and TP2 raised approximately $5,000,000 from 44 investors, many of whom had invested in more than one of the entities. Through misrepresentations and omissions of material facts, Melton solicited and raised funds from unwitting investors. Among other violations, the investors were advised that their funds were being invested in specific investments when, in fact, Melton was commingling monies among the limited liability companies and using investors' funds to operate other entities he controlled. The order permanently enjoins and restrains Westview, TP and TP2 from future violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934. The order further enjoins and restrains Westview from future violations of Section 15(a) of the Securities Exchange Act of 1934. Westview was ordered to pay disgorgement in the amount of $108,913.50, representing the fees and commissions it received from the sales of interests in the limited liability companies outlined in the complaint along with prejudgment interest thereon. Payment of disgorgement and prejudgment interest was waived based upon Westview's sworn statement which demonstrated an inability to pay the ordered amount. Civil penalties were not imposed based upon Westview's demonstrated inability to pay. TP was ordered to pay disgorgement in the amount of $2,041,510, representing the fees and commissions it received from the sales of interests in the limited liability companies outlined in the complaint along with prejudgment interest thereon. Payment of disgorgement and prejudgment interest was waived based upon TP's sworn statement which demonstrated an inability to pay the ordered amount. Civil penalties were not imposed based upon TP's demonstrated inability to pay. TP2 was ordered to pay disgorgement in the amount of $995,735, representing the fees and commissions it received from the sales of interests in the limited liability companies outlined in the complaint along with prejudgment interest thereon. Payment of disgorgement and prejudgment interest was waived based upon TP2's sworn statement which demonstrated an inability to pay the ordered amount. Civil penalties were not imposed based upon TP2's demonstrated inability to pay. See also: L.R. 15267 (February 27, 1997), L.R. 15319 (April 8, 1997), L.R. 15357 (May 1, 1997) and L.R. 15735 (May 5, 1998).