==========================================START OF PAGE 1====== U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15359 / May 5, 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 JGD (CTx) The Securities and Exchange Commission announced that on April 17, 1997, a judgment of permanent injunction and other relief was entered against defendant Cary S. Greene, one of the principals in an oil and gas Ponzi scheme. In addition, on April 23, judgments of permanent injunction and other relief were entered against defendants Mustang Development Corporation and Tower Operating Company, the Beverly Hills-based general partner and operating company which operated the Ponzi scheme. The judgments permanently enjoin Greene, Mustang, and Tower from future violations of the antifraud provisions of the federal securities laws under Section 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Greene and Mustang are further enjoined from future violations of the registration provisions of the federal securities laws under Sections 5(a) and 5(c) of the Securities Act. The Commission's suit is pending against Greene, Mustang, and Tower for disgorgement, prejudgment interest, and civil penalties. Greene, Mustang, and Tower consented to the entry of the judgments without admitting or denying the Commission's allegations. In addition, Greene has agreed to be barred from the securities industry. In its complaint, filed on January 23, 1997 in federal district court in Los Angeles, the Commission alleged that Mustang and Tower, their principals, Greene and Neal B. Stein, and Dallas, Texas geologist Samuel Embras, Jr., 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. 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 ==========================================START OF PAGE 2====== partnerships, and, in some partnerships, used virtually none of the investor funds to purchase oil and gas properties. Instead, - 2 - 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. On January 31, 1997, judgments of permanent injunction against future violations of the federal securities laws were entered against Stein and Embras. Stein and Embras consented to the entry of the judgments without admitting or denying the allegations in the complaint. The Commission's suit is pending against Stein for disgorgement, prejudgment interest, and civil penalties.