==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14809 / February 1, 1996 SECURITIES AND EXCHANGE COMMISSION V. ROBERT L. SHULL, LEONARD E. FIESSEL, COLLEEN A. FIESSEL, PATRICK A. COLLINS, MARK J. HAMEL, ROBERT J. RAFFA, JEFFREY J. FERNANDEZ, MICHAEL J. MURPHY AND WILLIAM CHO (United States District Court for the District of Massachusetts, Civil Action No. 94-11759-REK). The Securities and Exchange Commission announced on January 17, 1996, the entry of a final judgment by the Honorable Robert E. Keeton of the United States District Court for the District of Massachusetts against William Cho ("Cho"). The final judgment against Cho permanently enjoins him from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, and orders disgorgement of $26,000. Based upon the financial condition of Cho, Cho was ordered to pay $20,000, and the remainder of disgorgement was waived and no civil penalty was imposed. Cho consented to the entry of the final judgment without admitting or denying the allegations in the Commission's Complaint, which was filed on August 31, 1994. Previously, Cho pleaded guilty to criminal securities fraud charges. Specifically, the Complaint alleges that, from January 1993 to September 1993, Robert L. Shull ("Shull"), Leonard E. Fiessel ("L. Fiessel") and Colleen A. Fiessel ("C. Fiessel") agreed to acquire a controlling interest in Fairmont Resources Inc. ("Fairmont"), to manipulate the price of Fairmont's stock and to sell their holdings in Fairmont at prices that were artificially enhanced by their manipulation. The Complaint further alleges that, as part of their scheme, Shull, L. Fiessel and C. Fiessel paid kickbacks in the form of cash and/or stock at prices well below market value to Cho and other defendants, each of whom was a registered representative of a U.S. broker-dealer. The Complaint alleges that the kickbacks, the total value of which were approximately six hundred thousand dollars ($600,000), were essentially bribes to induce Cho and other defendants to recommend and sell Fairmont stock to their U.S. retail brokerage customers and resulted in the sale of over one million shares of Fairmont stock to more than 150 residents in seventeen states. According to the Complaint, Cho and other defendants failed to disclose the kickback arrangement to their customers. Finally, the Complaint alleges that the defendants' manipulative activity caused the market price for Fairmont stock to increase over one thousand percent (1000%) - from 30 cents (Canadian) per share to $3.05 (Canadian) per share - in a period of less than six months, and that Shull, L. Fiessel and C. Fiessel each realized illegal profits of as much as $1 million from the scheme. The federal court previously entered orders enjoining Mark J. Hamel ==========================================START OF PAGE 2====== ("Hamel"), Robert J. Raffa ("Raffa"), Jeffrey J. Fernandez, Patrick A. Collins and Michael J. Murphy from future violations of the securities laws and ordering disgorgement of $234,466, $91,977, $30,665, $237,500, and $26,161, respectively. The Commission barred them from association with any broker, dealer, municipal securities dealer, investment adviser or investment company, and from participating in the offering of any penny stock. Raffa and Hamel also have pleaded guilty to criminal securities fraud charges. For further information, see Litigation Release Nos. 14213, 14342, 14352, 14441 and 14518.