==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15083 / September 27, 1996 SECURITIES AND EXCHANGE COMMISSION V. RUSSELL S. SMITH, JAMES O. FOUST, JOHN E. BURSE, AND JAMES E. FISHER, Civil Action No. 1:96cv-166-R (W.D.Ky. September 27, 1996) (TBR) The Securities and Exchange Commission today sued four individuals currently or formerly associated with an Albany, KY oil exploration company for their roles in selling working interests in the company's oil properties. The suit, filed in Federal District Court for the Western District of Kentucky, alleges the following: Russell S. Smith, president of Smitco Oil, Inc. ("Smitco"), James O. Foust, a former principal of Smitco, and two salesmen formerly employed by Smitco, John E. Burse and James E. Fisher, over a period extending from fall of 1992 to the fall of 1993, used, or directed others to use, high-pressure telephone calls to sell investors working interests in oil wells then being drilled by Smitco. These techniques, employed by Burse and Fisher under the supervision of Smith and Foust, included the use of written offering materials that portrayed the working interests in a misleading fashion and failed to adequately state the risks of the ongoing offering, and oral sales presentations which similarly failed to adequately discuss the risks of the investment and included misstatements of material fact about the offering and Smitco. For example, according to the Complaint, certain individuals solicited by Smitco were told that an investment in a Smitco working interest was similar to an investment in a savings account or a certificate of deposit. Prospective investors were also sent written materials describing their prospective investments which contained numerous false and misleading statements, including a discussion of investment risk that likened the risk of a Smitco investment to the risk of "driving your car everyday [sic]." Using responses received from direct-mail postcards, Burse and Fisher, acting under the direction and supervision of Smith and Foust, telephoned individuals and delivered a sales presentation from an outline prepared by Burse. These oral sales presentations included false and misleading information about investment risks (including overstated estimates of yield from Smitco's various drilling projects), misrepresented the cost of drilling wells, and made false assurances that the offering was registered with the Securities and Exchange Commission and met the legal requirements imposed by the various states in which prospective investors resided. Potential investors were not informed that a number of state securities regulatory agencies -- ==========================================START OF PAGE 2====== including the Kentucky Department of Financial Institutions -- had issued orders barring Smitco from selling securities in their states. According to the Complaint, Burse, Fisher, and, later, the other salemen hired by Burse, also told potential investors that Smitco held oil rights in large tracts of land in Queensland, Australia, rights which Smitco never, in fact, held. In the event that an oil well drilled by Smitco did strike oil, investors who held working interests in that well were, in many cases, recontacted by Smitco salesmen and quoted "initial production" figures, figures which the Defendants knew or had reason to know would decline rapidly over the near term, and given misleading projections of financial yield from the well in which they had invested. This was frequently done in order to solicit additional investments from individuals who had already invested in Smitco. Over the course of the offering, approximately ninety individuals located in 20 states made investments aggregating some $1.4 million in Smitco's oil drilling venture. These funds constituted virtually the entirety of Smitco's revenues during the offering period. The Commission's Complaint seeks injunctive relief barring the defendants from future violations of Sections 5 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 also seeks disgorgement of investment proceeds from Smith, disgorgement of commissions and fees from Burse and Fisher, and civil money penalties against all Defendants. Smitco is currently in Chapter 7 bankruptcy proceedings. The litigation is pending. The Commission acknowledges the assistance of the state securities regulators of Arizona, Georgia, Idaho, Illinois, Iowa, Kansas, Kentucky, Massachusetts, Missouri, Nevada, Pennsylvania, South Dakota, Vermont and Wisconsin in investigating this matter.