U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15547 / October 30, 1997 United States v. Randall Smith Kuhlmann and David Sydney Darling, Criminal Case No. 97-CRZ871-H, U.S.D.C., S.D. Cal. The Securities and Exchange Commission and the U.S. Attorney for the Southern District of California announced that on October 23, 1997, Randy S. Kuhlmann and David S. Darling were indicted by a federal grand jury on one count of conspiracy, 17 counts of mail fraud, eight counts of money laundering, and three counts of tax evasion. Kuhlmann and Darling were charged with conspiring to induce potential investors to send money and property to Amtel Communications, Inc. in order to participate in Amtel's sale-leaseback pay telephone program. Kuhlmann and Darling, however, failed to disclose, among other things, that the pay telephones purchased by investors were encumbered property, that Amtel was not a profitable company, and that investors' funds were used for purposes unrelated to those in which they had invested. The criminal charges against Kuhlmann and Darling are based on the same activities alleged in a civil action brought by the Commission on July 17, 1995, against Amtel Communications, Inc., Kuhlmann, and Darling. The Commission's complaint alleges, among other things, that the defendants raised about $51.4 million from at least 3,750 investors through their fraudulent scheme. Amtel sold pay telephones to investors and agreed to lease the pay telephones from the investor for a five year term for $50 per month. Amtel also agreed to install, operate, and manage the pay telephones owned by investors, and to repurchase the pay telephones from the investor for the original cost at the end of five years. In fact, the Complaint alleges, Amtel did not own the pay telephones it sold to investors, and it operated an undisclosed "Ponzi" scheme, whereby investors were paid with new investor money. The Commission's action is continuing. (See litigation release 14713) ======END OF PAGE 1======