UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 16125 \ April 27, 1999 SECURITIES AND EXCHANGE COMMISSION V. FIRST NATIONAL ENTERTAINMENT CORP., MILTON J. VERRET, RICKY D. BUSBY, MICHAEL D. SWINGLER, RICHARD C. MAESTRE, AUBURN R. BUSBY, AND MICHAEL B. BYRD, Civil Action No. A 95CV371 (AA) (W.D. Tex., Austin Division) MICHAEL BYRD CONSENTS TO INJUNCTION AND PAYMENT OF $35,000 TO SETTLE INSIDER TRADING CASE The Securities and Exchange Commission announced today that on April 12, 1999, the United States District Court for the Western District of Texas, Austin Division, entered a final judgment of permanent injunction settling the Commission’s insider trading claims against Michael Byrd, and ordering him to pay $35,000. Without admitting or denying the Commission’s allegations, Byrd consented to the entry of the judgment, which permanently enjoins him from violating Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5. The judgment also requires Byrd to pay disgorgement and prejudgment interest, but waives payment of all but $35,000 of these amounts, and does not impose a civil penalty based on Byrd’s demonstrated inability to pay. The Commission alleged that during 1992 and 1993, while employed as a consultant with defendant First National Entertainment Corp. ("FNAT"), Byrd came into possession of information indicating that the revenue projections FNAT was disseminating to the public for an animated film called "Happily Ever After" were inflated. When the film was released in May of 1993, FNAT’s revenues from the film fell far short of its public projections. According to the Commission’s complaint, FNAT stock traded at a high of over $9 in April 1993, before the release of the movie. After the release of the movie, and public disclosure of the poor results, the share price of FNAT’s stock declined sharply. FNAT stock was trading at an average price of approximately $0.28 per share in the first five months of 1995, shortly before the Commission filed its complaint. Byrd sold stock prior to release of the movie, avoiding approximately $75,000 in losses. The Commission continues to prosecute its claims against the remaining defendant in this action, Richard C. Maestre. A trial date has been set for June 1, 1999. The Court previously entered final judgments of permanent injunction and other relief against defendant FNAT on July 5, 1995 (LR-14564); against defendants Auburn R. Busby and Michael D. Swingler on May 9, 1996; and against defendants Milton J. Verret and Ricky D. Busby on June 24, 1998 (LR- 15820). On February 26, 1996, the Commission instituted administrative proceedings in a related matter, making findings and imposing remedial sanctions against respondents John R. Manion and Continental Capital & Equity Corp. See In the Matter of Continental Capital & Equity Corp. and John R. Manion, Securities Act Rel. No. 33-7267 (February 26, 1996).