U.S. SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15702 / April 9, 1998 UNITED STATES V. LEONARD E. FIESSEL, ROBERT L. SHULL, TERRY L. SHULL and PATRICK A. COLLINS, Crim. Action No. 98-10112- MLW (D. Mass.). The Commission and the United States Attorney for the District of Massachusetts announced that on April 8, 1998, Leonard A. Fiessel, Robert L. Shull, and Terry L. Shull, all of British Columbia, Canada, and Patrick A. Collins, of Massachusetts, were indicted by a federal grand jury for participating in a scheme to artificially increase the stock price of Fairmont Resources, Inc. ("Fairmont"), a Canadian oil and gas company . The 45-count indictment charges the defendants with securities fraud, conspiracy to commit securities fraud and wire fraud. Previously, the Commission obtained permanent injunctions and orders to pay disgorgement against Leonard Fiessel, Robert Shull, Patrick Collins and six others for their participation in the scheme. The indictment alleges that after Leonard Fiessel and Robert Shull purchased a controlling interest in Fairmont, the defendants caused the price of Fairmont stock to increase from $.30 to $3.10 per share between January and June 1993 by (1) paying kickbacks totaling $540,000 to stockbrokers in the United States for inducing their customers to purchase approximately 1,225,000 shares of Fairmont stock; (2) creating the false appearance of an active market in Fairmont stock by buying and selling large quantities of the stock, including through "wash sales" and "cross trades," and (3) controlling the timing of transactions in Fairmont stock to ensure that the stock price would continue to rise. The indictment also alleges that as a result of their manipulative activity, Leonard Fiessel, Robert Shull and Terry Shull sold large blocks of Fairmont stock at a substantial profit. The indictment also alleges that Collins, a self-employed promoter of penny stocks, received cash and shares of Fairmont in order to promote the sale of Fairmont stock to U.S. investors, and that he used some of that money to pay a U.S. stockbroker for selling shares of Fairmont to his clients. In a complaint filed on August 31, 1994, the Commission alleged that Leonard Fiessel, Colleen Fiessel, Robert Shull, Patrick Collins, and five U.S. stockbrokers -- Mark Hamel, Robert Raffa, William Cho, Jeffrey Fernandez and Michael Murphy -- violated the antifraud and registration provisions of the federal securities laws. Final judgments have been entered against all of the defendants in that action, and they have been ordered to disgorge over $2 million. For further information, see Litigation Release Nos. 14213, 14342, 14352, 14441, 18409 and 15021.