==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15091 / September 30, 1996 SEC v. Robert D. Poirier, et al., Civil Action No. 96-2243-PHX- ROS (D. Ariz. Sept. 30, 1996) The Securities and Exchange Commission today filed an action in the U.S. District Court for the District of Arizona alleging that Robert D. Poirier and Robert J. Palm engaged in a stock manipulation scheme in connection with their sales of securities of Garcis U.S.A., Inc., a distributor of athletic supplies and apparel formerly located in Scottsdale, Arizona. The complaint alleges that from approximately September 1994 through September 1995, Poirier and Palm assumed substantial control over the operations of Garcis, indirectly obtained a controlling block of unregistered shares of Garcis and promoted Garcis and its securities to the public using materially false and misleading information. Poirier and Palm concealed their interest in and relationship with Garcis from the investing public while selling at least 1.2 million shares of Garcis stock for proceeds of at least $1.77 million. The complaint also alleges that James R. Vincent and Richard E. Wensel participated in and assisted Poirier and Palm carry out this scheme. Vincent helped Poirier and Palm obtain control of a substantial block of unregistered Garcis shares, avoid the registration requirements of the federal securities laws and sell those shares into the market at a profit. Wensel, who was an officer and/or director of Garcis, approved false and misleading promotional material in furtherance of Poirier and Palm's fraudulent scheme. The Commission charged Poirier and Palm with violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, and Sections 7(f), 10(b), 13(d) and 16(a) of the Securities Exchange Act of 1934. The Commission also charged Vincent with violations of Sections 5(a) and 5(c) of the Securities Act and Sections 13(d) and 16(a) of the Exchange Act, and charged Wensel with violations of Section 17(a) of the Securities Act and 10(b) of the Exchange Act. The Commission is seeking an injunction against all of the defendants, disgorgement of ill-gotten gains from Poirier, Palm and Vincent, plus civil penalties, and a bar prohibiting Poirier, Palm and Wensel from serving as an officer or director of a publicly held company.