![]() |
|
|
|
| | | |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
SEC LITIGATION RELEASE
|
EXTRACTED KEY WORDS
SECURITIES INVESTMENT FIDELITY COMMISSION FUNDS OIL PROJECT VIOLATION SECURITIES ACT FPC EASTERN DISTRICT DEFENDANTS WELLS CIVIL EXCHANGE SECURITIES FRAUD PLEA AGREEMENT PRESIDENT CHAIRMAN FIDELITY PETROLEUM CORPORATION UNITED STATES TEXAS PROVISIONS TELEMARKETING REPRESENTATIONS YIELD COMMERCIALLY PRODUCTIVE WELLS THEREUNDER SECURITIES REGISTRATION VIOLATIONS REGISTRATION VIOLATIONS PURSUANT |
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 18079 / April 9, 2003
, 03 CR 33-ALLl (PB) (E.D.Tex.)
SECURITIES FRAUD PLEA AGREEMENT ENTERED AS TO PRESIDENT AND CHAIRMAN
OF FIDELITY PETROLEUM CORPORATION
The Commission announced today that, on March 26, 2003, the United
States District Court for the Eastern District of Texas accepted a
plea agreement between Robert R. McClanahan and the United States
Attorney for the Eastern District of Texas, Matthew D. Orwig.
McClanahan was the Chairman and president of Fidelity Petroleum
Corporation ("FPC"). McClanahan pled guilty to a violation of the
antifraud provisions of the federal securities laws, Section 17(a) of
the Securities Act of 1933. McClanahan admitted that he falsely
informed FPC investors that their funds would be pooled with other
investors who had designated their funds for a similar, specific oil
project, and that their funds would only be used toward that one
specific oil project. However, rather than segregate the investor
funds based on oil project, McClanahan admitted to commingling all
investor funds into one bank account to be used on several other FPC
oil projects. Sentencing is scheduled for August 8, 2003. Under the
statute, McClanahan faces a maximum of five years in prison.
The Commission previously filed suit against FPC and McClanahan in
August 2002. The Commission's complaint alleges that between January
1, 2000 and August 1, 2001, McClanahan and Fidelity conducted an
unregistered offering of over $4 million in oil and gas securities via
the use of cold-call telemarketing. Using information supplied by
McClanahan, Fidelity's telemarketers promised investors that they
would be able to recoup their initial investment within the first five
to fifteen months. Furthermore, the defendants falsely represented
that an investment in Fidelity wells would yield a yearly return of
between 65% and 113% of the original investment. The defendants had no
reasonable basis for these projections at the time they made them.
Furthermore, contrary to the defendants' representations, the yield
from an investment in Fidelity's commercially productive wells never
exceeded 20% and was, on some wells, below six percent.
The Commission charged FPC and McClanahan with securities fraud in
violation of Section 10(b) of the Securities Exchange Act of 1934, and
Rule 10b-5 thereunder, and Section 17(a) of the Securities Act. The
Commission further charged Fidelity and McClanahan with securities
registration violations pursuant to Sections 5(a) and 5(c) of the
Securities Act. The Commission seeks an injunction against Fidelity
and McClanahan to prevent future violations of the above provisions,
SNIPPETS:
|
| | | |