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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
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
WILLIAM CHO (United States District Court for the District of Massachusetts,
The Securities and Exchange Commission announced on January 17, 1996, the entry of a final
The final judgment against Cho permanently enjoins him from violating Sections 5, 5and 17of
Based upon the financial condition of Cho, Cho was ordered to pay $20,000, and the remainder
Cho consented to the entry of the final judgment without admitting or denying the allegations
Specifically, the Complaint alleges that, from January 1993 to September 1993, Robert L.
Fiessel") and Colleen A. Fiessel agreed to acquire a controlling interest in Fairmont
The Complaint further alleges that, as part of their scheme, Shull, L. Fiessel and C. Fiessel
The Complaint alleges that the kickbacks, the total value of which were approximately six
The federal court previously entered orders enjoining Mark J. Hamel
Raffa and Hamel also have pleaded guilty to criminal securities fraud charges.
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