-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14729 / November 24, 1995 UNITED STATES SECURITIES AND EXCHANGE COMMISSION v. JOHN L. FAULS III., Civil Action No. 95-C-5206 (filed September 12, 1995, N.D.Ill.) The United States Securities and Exchange Commission (Commission) announced that on November 20, 1995, the Honorable Marvin E. Aspen entered an Order of Permanent Injunction against John L. Fauls III (Fauls), by consent. The Commission's previously filed complaint alleged that Fauls, while serving as a registered representative, head of the fixed income department and principal of a broker-dealer headquartered in Chicago, Illinois, engaged in a three year trade interpositioning scheme to the detriment of the Union Carbide Pension Fund (Pension Fund). In the scheme, Fauls would interposition the broker-dealer and the Bank between the Pension Fund and the market, needlessly increasing the transaction costs for the Pension Fund and causing the Pension Fund to obtain less than the open market price. In addition, Fauls executed transactions but did not identify the customer until after they determined whether the transaction was profitable. All profitable transactions were allocated to the Bank. The Order permanently enjoins Fauls from violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. On May 3, 1994, Fauls was found guilty by a jury of mail fraud, securities fraud, pension fund bribery and racketeering arising out of the same activities. In October 1994, Fauls was sentenced to serve 57 months in a federal prison, ordered to pay restitution of $3.32 million and to forfeit $3.32 million under the federal RICO statue. Fauls is currently incarcerated.