-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14719 / November 15, 1995 UNITED STATES SECURITIES AND EXCHANGE COMMISSION v. JOHN L. FAULS III (U.S.D.C. N.D. Illinois, Civil Action No. 95C5206, filed September 12, 1995) The United States Securities and Exchange Commission (Commission) announces the filing of a civil complaint seeking a permanent injunction against John L. Fauls, III (Fauls). The Commission's Complaint alleges that Fauls, while a senior vice president, registered representative and 10% owner of a broker- dealer, engaged in a three year trading scheme to the detriment of the Union Carbide Corporation's Employee Pension Fund (Pension Fund), a customer, in violation of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. Fauls, along with an associated person of a registered investment adviser, engaged in a series of day trading in United States government securities involving the Pension Fund and a Midwest Bank, for which the associated person served as a Director. Fauls and the associated person would interposition the broker-dealer and the Bank between the Pension Fund and the market, needlessly increasing the transaction costs for the Pension Fund and causing the Pension Fund to obtain less than the best market price. In addition, Fauls and the associated person executed transactions but did not identify the customer until after they determined whether the transaction was profitable. All profitable transactions were allocated to the Bank. Fauls paid cash kick-backs and items such as a car and a boat to the associated person for directing the Pension Fund's trading through the broker-dealer. On May 4, 1994, Fauls was found guilty by a jury of mail fraud, securities fraud, pension fund bribery and racketeering and was later sentenced to 57 months incarceration and ordered to pay $3.32 million in restitution and to forfeit $3.32 million. His conviction was upheld on appeal.