PHILLIPSBURG, KS -- (Marketwire) -- 09/30/08 -- Robert Orr is the largest shareholder and a
director of Brooke Capital Corporation (AMEX: BCP). Beginning in August
2008, Orr spearheaded the implementation of Brooke Capital's collection
strategy to recover past due servicing fees and expenses owed to Brooke
Capital by securitization investors. The legality and advisability of this
collection strategy were fully discussed with internal and external legal
counsel prior to implementation. Despite Orr's reliance on the advice of
legal counsel, the representative for securitization investors labeled
Brooke Capital's collection efforts a "misappropriation" of funds in a
recent lawsuit that discredited Orr. Orr stated that there has not been
any "misappropriation" and that Brooke Capital asserted its rights to
monies owed by the securitization investors.
To support its "misappropriation" allegations, the representative for
securitization investors stated that Brooke Capital has "... put in place a
phony records system..." and "have altered their computer systems to
conceal information...". On September 20, 2008, Orr sent a memorandum to
the Brooke Capital board of directors asking for an immediate investigation
by Brooke Capital's internal auditors of the investors' statements. Orr
also requested that the auditors' findings be reviewed by the independent
consulting firm that has been engaged over the course of the last several
years to assist Brooke Capital with the internal control processes required
by the Sarbanes Oxley act.
The representative for securitization investors has also stated that Brooke
Capital was "... offering special repayment deals to borrowers..." and "...
conducting sales of collateral without consultation..." as additional
support for its allegations. Orr stated that he was unaware of any basis
for these allegations and also asked the Brooke Capital board of directors
for an immediate analysis by the board of all communications with Aleritas
Capital and Textron Business Services regarding agency collateral
liquidations.
Orr stated that, at a special meeting of the Brooke Capital board of
directors held on September 26th, 2008, Orr's requests for immediate
investigations were approved. Orr also stated that, during the September
26th board meeting, Brooke Capital's internal and external legal counsel
reported that they were not aware of any unethical or illegal behavior by
the company or its management. Internal counsel also reported to the board
that Brooke Capital's auditors had stated in a recent phone call that they
were not aware of any unethical or illegal behavior by the company or its
management.
Orr said, "These are difficult times for Wall Street. However, the actions
of these Wall Street investors have caused my family and close associates
considerable heartache and significant financial losses. In the coming
months and years, I will spend all of my time and resources pursuing
remedies for this injustice."