United States Securities and Exchange Commission
Litigation Release No. 16402/ January 7, 2000
, Civil Action No. SA CV 00-17 AHS (EEX) (USDC CD Cal.)
The Commission announced the filing of a civil action charging five
entities and five individuals with securities fraud for engaging in
deceitful practices to raise $8 million from investors nationwide for
oil and gas drilling programs through "cold calls" made though
telemarketing "boiler rooms". The Commission's complaint alleges that
the named defendants misrepresented several material facts to
investors, including the amount of sales commissions paid to the
defendants and to salespeople under their control, the risks and
potential profits of the programs, the results of prior programs sold
by the defendants, and tax benefits purportedly available to investors
in the programs. According to the complaint, a majority of the
investors' funds were used to pay sales commission and the drilling
programs never produced oil in quantities sufficient to make promised
royalty payments to investors.
Named as defendants in the action are Petro Resources Corp. of
Scottsdale, Arizona, its president Samuel McClintock, Austral Oil &
Exploration Corp. of Sulphur, Louisiana, and its president Myron J.
Palermo. Also named are three boiler rooms, ITS Consulting, Inc.,
Integrity Financial Group and Tritech Investment Group, Ltd., as well
as three officers or control persons of ITS Consulting Alan B.
Baiocchi, David E. Morris and James Silver, of Laguna Beach,
California.
According to the complaint, from January 1996 through July 1997, the
defendants fraudulently raised at least $8 million from over 400
investors nationwide for purported oil and gas drilling programs in
Texas and Oklahoma. The complaint charges Petro Resources, McClintock,
Austral, and Palermo with violations of Sections 5(a), 5(c) and 17(a)
of the Securities Act of 1933 and Section 10(b) of the Securities
Exchange Act of 1934 and Rule 10b-5 thereunder. ITS Consulting,
Baiocchi, Integrity Financial Group, Ltd. and Tritech Investment
Group, Ltd. are charged with violations of Sections 5(a), 5(c) and
17(a) of the Securities Act and Sections 10(b) and 15(a) of the
Exchange Act and Rule 10b-5 thereunder. Morris and Silver are charged
with violations of Section 17(a) of the Securities Act and Sections
10(b) and 15(a) of the Exchange Act and Rule 10b-5. The complaint
seeks injunctive relief, an accounting and disgorgement and the
imposition of civil penalties.
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Modified 01/10/2000
SNIPPETS:
The Commission announced the filing of a civil action charging five entities and five
The Commission's complaint alleges that the named defendants misrepresented several material
According to the complaint, a majority of the investors' funds were used to pay sales
Named as defendants in the action are Petro Resources Corp. of Scottsdale, Arizona, its
Also named are three boiler rooms, ITS Consulting, Inc., Integrity Financial Group and
The complaint charges Petro Resources, McClintock, Austral, and Palermo with violations of
Morris and Silver are charged with violations of Section 17of the Securities Act and Sections
an accounting and disgorgement and the imposition of civil penalties.
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