UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15841 / August 12, 1998 SECURITIES AND EXCHANGE COMMISSION v. MICHAEL D. JENKINS, LAWRENCE A. PETERSEN, JAMIE T. TSUTSUI AND MICHAEL L. KINNEY 3: 98 CV 1892-X, USDC, ND/TX. The Securities and Exchange Commission ("Commission") announced today that it filed a Complaint in the United States District Court in Dallas, Texas, against Michael D. Jenkins, Lawrence A. Petersen, Jamie T. Tsutsui and Michael L. Kinney. Jenkins was the founder of Absolute Resource Corporation (ARC), a privately-held Texas corporation that purportedly engaged in mining operations in Missouri. Peterson and Tsutsui are former licensed securities salesmen and Kinney is a former employee of a registered broker-dealer. The Complaint alleges that between 1992 and 1996, ARC conducted at least two unregistered securities offerings that raised approximately $4.6 million from the sale of promissory notes to at least 150 investors in fifteen states. It is further alleged that Jenkins misappropriated at least $1.5 million of investor funds from both note offerings. The stated purpose of the first note offering was to develop a sand mine located in Pemiscot County, Missouri. In connection with the first offering the Complaint alleges the defendants made numerous misstatements and omissions of material facts concerning, among other things, ARC's purported ownership of the sand mine, the use of investor funds, the safety of the investment, the compensation paid to the defendants, the financial condition of ARC, and the risks associated with the investment. The Complaint also alleges that after a Missouri court ruled that ARC had no ownership interest in the sand mine, defendant Jenkins conducted a second fraudulent note offering involving a Missouri rock quarry. In April 1996, ARC filed for bankruptcy and defaulted on over $4.4 million in investor notes. In May 1998, Jenkins was indicted by a federal grand jury on numerous counts of securities fraud, wire fraud, and money laundering, based on his activities described in the Commission's Complaint (Criminal No. 398-CR-177-G, N.D/TX, Dallas Division). The Commission's Complaint alleges that each defendant violated the securities registration and antifraud provisions found in Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934. Additionally, defendants Petersen, Tsutsui and Kinney are charged with acting as unregistered broker-dealers in violation of Section 15(a) of the Exchange Act. The Complaint seeks a permanent injunction against each defendant, as well as an accounting, disgorgement and civil penalties. COMPLAINT FILED AGAINST MICHAEL D. JENKINS, LAWRENCE A. PETERSEN, JAMIE T. TSUTSUI AND MICHAEL L. KINNEY The Commission announced that on August 10 it filed a Complaint in Dallas, Texas, against Michael D. Jenkins, Lawrence A. Petersen, Jamie T. Tsutsui and Michael L. Kinney. Jenkins was the founder of Absolute Resource Corporation (ARC), a privately-held Texas corporation that purportedly engaged in mining operations in Missouri. Petersen and Tsutsui are former licensed securities salesmen and Kinney is a former employee of a registered broker-dealer. The Complaint alleges that between 1992 and 1996, ARC conducted at least two unregistered securities offerings that raised approximately $4.6 million from the sale of promissory notes to at least 150 investors in fifteen states. It is further alleged that Jenkins misappropriated at least $1.5 million of investor funds from both note offerings. The stated purpose of the first note offering was to develop a sand mine located in Pemiscot County, Missouri. In connection with the first offering the Complaint alleges the defendants made numerous misstatements and omissions of material facts concerning, among other things, ARC's purported ownership of the sand mine, the use of investor funds, the safety of the investment, the compensation paid to the defendants, the financial condition of ARC, and the risks associated with the investment. The Complaint also alleges that after a Missouri court ruled that ARC had no ownership interest in the sand mine, defendant Jenkins conducted a second fraudulent note offering involving a Missouri rock quarry. In April 1996, ARC filed for bankruptcy and defaulted on over $4.4 million in investor notes. In May 1998, Jenkins was indicted by a federal grand jury on numerous counts of securities fraud, wire fraud, and money laundering, based on his activities described in the Commission's Complaint. The Commission's Complaint alleges that each defendant violated the securities registration and antifraud provisions found in Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 Additionally, defendants Petersen, Tsutsui and Kinney are charged with acting as unregistered broker- dealers in violation of Section 15(a) of the Exchange Act. The Complaint seeks a permanent injunction against each defendant, as well as an accounting, disgorgement and civil penalties. [SEC v. Michael Jenkins, et. al., USDC ND/TX, 3:98 CV1892-X (LR-). STEPHEN WEBSTER, Senior Special Counsel Fort Worth District Office 817/978-6459