SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15698 / April 7, 1998 S.E.C. v. Fidelity Transfer Company and Linda Kener, Civil Action No. 93-C-868S (USDC UT) On March 4, 1998, the Honorable David Sam, U.S. District Judge for the District of Utah, issued a permanent injunction by consent against Fidelity Transfer Company (Fidelity) and Linda Kener (Kener), Fidelity's president. The defendants were enjoined from violating Section 17A(d) of the Securities Exchange Act of 1934, and Rules 17Ad-2, 17Ad-6, and 17Ad-10 promulgated thereunder. In addition, the order required Fidelity to pay a civil penalty of $5,000. The Commission's complaint alleged that Fidelity violated certain rules and regulations governing transfer agents and that Kener aided and abetted those violations. The Commission's complaint alleged that Fidelity and Kener violated the turnaround and books and records regulations promulgated under the Securities Exchange Act of 1934. The violations included numerous delays in the transfer of routine items presented for transfer, and substantial imbalances between Fidelity's control book and the master securityholder files.