UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15969 / NOVEMBER 6, 1998 SECURITIES AND EXCHANGE COMMISSION v. First Americans Bank Ltd. et al., Civil Action No. Civ. 98-0645 R (USDC WD Okla.) The Commission announced that on November 3, 1998, the U.S. Attorney's Office in Oklahoma City, Oklahoma obtained a 30-count indictment alleging that Ronald G. Sparks and Owen K. Stephenson, two California residents, raised in excess of $ 7 million by fraudulently claiming to operate an unregulated, sovereign Indian Bank on Apache tribal land in Oklahoma. Sparks and Stephenson, whose fraudulent scheme was halted earlier this year by a federal court acting upon a motion filed by the Commission, were charged by the grand jury with conspiracy, mail fraud, and money laundering. In May 1998, the Commission obtained an emergency restraining order halting the sale of securities of the Native American Free Trade Association (NAFTA), an Oklahoma entity, its officers, Stephenson and Sparks, and others, based upon their dissemination, through press releases and on an Internet site, of false statements. Among other representations, the defendants claimed that NAFTA was operating an FDIC-insured bank called First Americans Bank Ltd. (FAB) on Apache tribal land in Anadarko, Oklahoma. The Commission's complaint alleged that the Apache tribe never authorized NAFTA to operate a bank as claimed and that Sparks and Stephenson had failed to disclose to prospective investors past enforcement actions taken against them by federal criminal authorities and banking and securities regulators. The Commission also obtained an order freezing funds of Sparks, Stephenson, NAFTA, FAB and their affiliates. In excess of $ 2 million in investor and depositor have been frozen. The indictment returned on November 3, 1998 in Oklahoma City charges Sparks and Stephenson with obtaining in excess of $ 7 million from customers in the form of purported investments or deposits in the nonexistent bank. The indictment alleges that Sparks and Stephenson diverted this money to their own use. The Commission's case, which involves alleged violations of the antifraud provisions, Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities and Exchange Act of 1934 and Rule 10b-5 thereunder by Sparks, Stephenson, NAFTA, and affiliated entities, has been stayed by a federal district court in Oklahoma City, Oklahoma pending resolution of the criminal action against Sparks and Stephenson. During the stay, the asset freeze obtained by the Commission will remain in effect by order of the Court. For additional information see Litigation Release No. 15734 (May 7, 1998).