SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16014A / January 6, 1999 SECURITIES AND EXCHANGE COMMISSION v. AMERICAN TELECOM INTERCONNECT, INC., STEVEN BARKUS, MICHAEL LOMBARDO, BRADLEY TURNER, DAVID MUNOZ, I.B.T. FINANCIAL GROUP, INC., J.R. MUNOZ, and PREMIER CAPITAL INVESTMENTS, Defendants and LINQ UP AMERICA (LOS ANGELES), INC., and AMERICA'S CHOICE COMMUNICATIONS, INC., Relief Defendants, 96 Civ. 2952 (DDP) The Securities and Exchange Commission announced today that on June 10, 1998, the United States District Court for the Central District of California entered final judgments of permanent injunction and other relief by consent against American Telecom Interconnect, Inc. ("ATI"), a company in the business of selling and leasing back telephone equipment; Steven Barkus ("Barkus"), an officer, director and 49% shareholder of ATI, Michael Lombardo ("Lombardo), president, director and 51% shareholder of ATI, Bradley Turner ("Turner"), an independent contractor responsible for organizing and operating ATI's marketing program, I.B.T. Financial Group, Inc. ("IBT"), a company through which ATI securities were sold, David Munoz, seller of the ATI securities to the public and president of IBT, and J.R. Munoz, seller of the ATI securities and president of Premier Capital Investments ("PCI"). Previously, on March 24, 1998 the Court ordered the entry of a judgment by default against PCI; and on February 24, 1998 entered final consent judgments of relief against relief defendants Linq Up America (Los Angeles), Inc. ("Linq Up") and America’s Choice Communications, Inc. ("ACC"), companies 49% owned by Barkus and 51% owned by Lombardo. In a complaint filed on February 14, 1996, the Commission alleged that ATI fraudulently raised, primarily through the efforts of Turner, IBT, David Munoz, PCI, and J.R. Munoz, approximately $3.7 million from investors from June 1992 through February 1994. The complaint alleged that the defendants fraudulently offered and sold, through misrepresentations and omissions of material facts, unregistered, nonexempt securities issued by ATI in the form of sale-and-lease-back transactions of telephone equipment and notes. The ATI Securities were sold to more than 175 investors in over 30 states. Lombardo, Barkus, ATI, ACC, Linq-Up, Turner, David Munoz, IBT, and J.R. Munoz each consented, without admitting or denying the allegations contained in the Commission's complaint, to the entry of final judgments (i) permanently enjoining each of them from violating the anti-fraud provisions of the federal securities laws, Section 17(a) of the Securities Act of 1933 ("Securities Act"), and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5; (ii) permanently enjoining each of them from violating the registration provisions of the federal securities laws, Sections 5(a) and 5(c) of the Securities Acts; (iii) permanantly enjoining David Munoz, J.R. Munoz and Turner from violating Sectoin 15(a)(1) of the Exchange Act, (iv) ordering Lombardo to disgorge $336,464, plus prejudgment interest thereon in the amount of $178,492; ordering Barkus to disgorge $246,004, plus prejudgment interest thereon in the amount of $130,508; ordering ATI to disgorge $2,759,686, plus prejudgment interest thereon in the amount of $1,464,027, and assessing a civil penalty in the amount of $2,759,686; ordering Turner to disgorge $229,777 plus prejudgment interest thereon in the amount of $121,898; ordering IBT to disgorge $180,366, plus prejudgment interest thereon in the amount of $87,150.51, and assessing a civil penalty in the amount of $180,366; ordering David Munoz to disgorge $9,114 plus prejudgment interest thereon in the amount of $4,580, and assessing a civil penalty of $20,000; and ordering J.R. Munoz to disgorge $12,590, plus prejudgment interest thereon in the amount of $6,300 and assessing a civil penalty of $20,000; (v) ordering ACC to disgorge $498,233 (representing the amount ACC received from defendant ATI’s conduct alleged in the Commission’s complaint), plus prejudgment interest thereon in the amount of $264,316; and ordering Linq Up to disgorge $813,970 (representing the amount Linq Up received from defendant ATI’s conduct alleged in the Commission’s complaint), plus prejudgment interest thereon in the amount of $431,816. On March 24, 1998, the Court ordered the entry of a judgment by default against PCI, ordering PCI to disgorge $198,690, plus prejudgment interest in the amount of $86,411.80 and assessing a civil penalty of $198,690. On the basis of Lombardo’s, Barkus’ and Turner’s sworn representations and financial statements, the Commission has agreed that the payment of disgorgement and prejudgment interest by each of them is waived based on their demonstrated inability to pay. For further information see Litigation Release No. 14892.