==========================================START OF PAGE 1====== U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15229 / January 28, 1997 SECURITIES AND EXCHANGE COMMISSION v. MUSTANG DEVELOPMENT CORPORATION, a California corporation; TOWER OPERATING COMPANY, a California corporation; NEAL B. STEIN; CARY S. GREENE; and SAMUEL EMBRAS, JR., Civil Action No. 97-0440 KMW (Ex) On January 23, 1997, the United States Securities and Exchange Commission filed a complaint in federal district court in Los Angeles against Beverly Hills-based Mustang Development Corporation and Tower Operating Company, their principals, Neal B. Stein and Cary S. Greene, and Dallas, Texas geologist Samuel Embras, Jr. The Commission alleges that the defendants defrauded thousands of elderly investors nationwide through the operation of a massive Ponzi scheme in which millions of dollars from new investors were funnelled back to old investors in the form of fictitious returns. Stein and Greene also freely used investor funds to support their lavish lifestyles, including payments for expensive cars, homes, jewelry, and other luxury items. On December 16, 1996, Neal Stein pleaded guilty to securities fraud and tax evasion. He faces a maximum sentence of 10 years imprisonment and a fine of $1,100,000. On September 30, 1996, Embras pleaded guilty to securities fraud and faces imprisonment and a fine of up to $1,000,000. These guilty pleas are the product of an ongoing investigation by Postal Inspector Catherine Budig of the United States Postal Service and Special Agent Darren Slotsve of the Internal Revenue Service. The Commission's Complaint alleges, among other things, that from December 1987 through March 1995, Mustang, Tower, Stein, and Greene raised approximately $139 million through the offer and sale of units in some 60 oil and gas limited partnerships. For each of the partnerships, the defendants told investors that most of their money would be used to purchase interests in oil and gas wells and that investors would receive returns based on oil and gas revenue. In contrast to these representations, the defendants conducted an investment scheme that commingled investor funds and assets from the various partnerships, and, in some partnerships, used virtually none of the investor funds to purchase oil and gas properties. Instead, Mustang, Tower, Stein, and Greene used millions of dollars from investors to finance the Ponzi scheme, Stein's and Greene's extravagant lifestyles, and other, unrelated business ventures owned by Stein and Greene. To further deceive investors, Embras, Tower's geologist, created false production reports for the alleged oil and gas wells owned by the partnerships. These reports showed bogus oil and gas revenue to support the fictitious returns made to investors. ==========================================START OF PAGE 2====== The Complaint alleges 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. The Complaint seeks permanent injunctions, disgorgement with prejudgment interest and civil penalties. Simultaneously with the filing of the Commission's Complaint, Stein and Embras consented, without admitting or denying the allegations in the Complaint, to permanent injunctions enjoining them from future violations of the federal securities laws. The corporate entities, Mustang and Tower, have agreed to settle with the Commission pending court approval in a private civil action brought by certain investors. The Commission's suit is pending against Mustang, Tower, and Stein for disgorgement, prejudgment interest, and civil penalties. The entire civil action is pending against Greene.