-------------------- BEGINNING OF PAGE #1 ------------------- U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14713 / November 7, 1995 SEC v. Amtel Communications, Inc., Randy S. Kuhlmann, and David S. Darling, Civil Action No. 95-1127H (BTM) (S.D. Cal.) The Securities and Exchange Commission announced that on July 17, 1995, the Honorable Marilyn L. Huff, United States District Judge for the Southern District of California, issued a temporary restraining order enjoining Amtel Communications, Inc. ("Amtel"), Randy S. Kuhlmann ("Kuhlmann"), and David S. Darling ("Darling") from further violations of the securities registration and antifraud provisions, and additionally as to Kuhlmann and Darling, violations of the broker-dealer registration provisions of the federal securities laws. Amtel, Kuhlmann and Darling consented to entry of the order. The Commission's Complaint, filed on July 17, 1995, alleges fraud in the offer and sale of unregistered securities in the form of a sales-leaseback program involving pay telephones by Amtel, Amtel's sole owner Kuhlmann and Amtel's sales manager, Darling, who is also a registered representative. The Complaint also seeks preliminary and permanent injunctions, disgorgement, and civil penalties against all defendants. The Commission's Complaint alleges that between approximately February 1992 and the present, Amtel, Kuhlmann, and Darling have raised at least $51.4 million from over 3,750 investors nationwide. The Complaint further alleges that Amtel guarantees investors an 85% to 92.5% return on their investment at the end of a five-year term, based on a $51 monthly lease payment coupled with the return of an investor's principal at the end of five years, through a guaranteed "buy-back" agreement. In addition, the Complaint alleges that: 1) undisclosed to investors, Amtel has no ability to satisfy the "buy-back" agreements which serve as a basis for the investment returns, as Amtel has incurred serious net financial losses since 1992, totalling $15.6 million as of October 31, 1994; 2) Amtel has disseminated false financial statements to potential investors reflecting a net profit, when in fact it has always operated at a net loss; 3) when potential investors ask about Amtel's financial health in deciding whether to invest, Amtel's sales agents state that Amtel's financial condition is "healthy;" and 4) Amtel fails to disclose to investors that it uses 14% to 16% of each investment to pay sales commissions to the sales agents, Kuhlmann, and Darling.