==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14892 / April 25, 1996 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 CIV. N0. 96-2952 (WDK) (C.D. CAL.) On April 24, 1996, the Commission charged American Telecom Interconnect, Inc. ("ATI"), a company which leased telephone equipment, and several individuals and entities (collectively the "Defendants"), with violations of the federal securities laws. The Commission alleges that from June 1992 to February 1994, Defendants defrauded investors, many of whom were elderly retired individuals seeking income bearing investments, of $3.7 million through the offer and sale of unregistered and nonexempt securities ("ATI Securities"). The ATI Securities consisted of (i) sale-and-lease-back transactions of telephone equipment offered by ATI, and (ii) ATI's agreements to pay interest on money invested while ATI located telephone equipment to sell to, and lease back from, investors. Among other things, the Commission's Complaint alleges that Defendants failed to disclose to investors that ATI would not be able to pay investors the returns it promised without using money obtained from subsequent investors. In addition to ATI, named in the Complaint filed today in the United States District Court for the Central District of California were: Steven Barkus, an officer, director and 49 percent shareholder of ATI; Michael Lombardo, the president, director, and 51 percent shareholder of ATI; Bradley Turner ("Turner"), an independent contractor responsible for directing the marketing of the ATI Securities; I.B.T. Financial Group, Inc. ("IBT"), a corporation which offered and sold ATI Securities; David Munoz, the president and owner of IBT; Premier Capital Investments ("PCI"), a company which offered and sold ATI Securities; and J.R. Munoz, the owner of PCI. ==========================================START OF PAGE 2====== In its Complaint, the Commission alleges that the Defendants violated the antifraud 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 thereunder ("antifraud provisions"). The Commission alleges that the Defendants defrauded investors by the distribution of written offering materials that contained material misrepresentations and omissions concerning the risk of the investment, the tax benefits, and the commissions paid to the salesmen. The Complaint also alleges that the offer and sale of the ATI Securities, which were neither registered with the Commission nor exempt from registration, violated Sections 5(a) and (c) of the Securities Act. Finally, the Commission - 2 - alleges that Turner, David Munoz, IBT, J.R. Munoz and PCI effected transactions in, or induced or attempted to induce the purchase or sale of, ATI Securities without registering as brokers or dealers in accordance with Section 15(b) of the Exchange Act, when no exemption from such registration was available, thus violating Section 15(a) of the Exchange Act. The Commission seeks permanent injunctions against future violations, an accounting, disgorgement of unlawfully obtained investor funds plus prejudgment interest, and civil penalties. In order to recover as much of the unlawfully obtained investor funds as possible, the Complaint also names Linq Up America (Los Angeles), Inc. ("Linq Up") and America's Choice Communications, Inc. ("ACC"), as relief defendants (the "Relief Defendants"). The Complaint alleges that ATI, Barkus and Lombardo misappropriated and diverted in excess of $1 million in investor funds to Linq Up and ACC, which were owned and controlled by Barkus and Lombardo. The Commission seeks disgorgement and prejudgment interest from the Relief Defendants, as well as an accounting of all monies obtained by the Relief Defendants from the fraudulent offer and sale of the ATI Securities.