UNITED STATES SECURITIES AND EXCHANGE Litigation Release No. 15764 / June 2, 1998 SECURITIES AND EXCHANGE COMMISSION V. TITAN PETROLEUM CORP., MAGNUM PETROLEUM ENTERPRISES, INC., MAGNUM OIL & PETROLEUM, INC., NATALE L. MONTOZZI AND PHILIP LEITNER Civil Action No. 1: 98-1111-CIV-KING (S.D. Fla.) The Securities and Exchange Commission announced that a complaint for injunctive and other relief was filed by the Commission on May 19, 1998, in the United States District Court for the Southern District of Florida against defendants Titan Petroleum Corp. ( Titan ), Magnum Petroleum Enterprises, Inc. ( Magnum Petroleum ), Magnum Oil & Petroleum, Inc. ( Magnum Oil ) (Magnum Petroleum and Magnum Oil collectively Magnum ), Natale L. Montozzi ( Montozzi ) and Philip Leitner ( Leitner ). The complaint seeks to permanently enjoin the defendants from further violations of Section 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 Commission also seeks an order requiring accountings by the defendants and the disgorgement of all ill-gotten gains or unjust enrichment with prejudgment interest and an order freezing the assets of the defendants. The Commission s complaint alleges that from April 2, 1997 through September 24, 1997, Titan and its principals, Montozzi and Leitner, fraudulently raised at least $654,770 by selling undivided, fractional working interests in three separate oil and gas well drilling programs to sixty -five investors. The complaint alleges, among other things, that the Titan offering documents represented that the amount of each investment was to cover all costs for drilling and completing the particular well in which it was invested, that Titan failed to disclose to investors that the amount of money raised in each case was far in excess of the costs it knew it would incur to drill and complete the well for which the funds were raised, that investor funds were commingled and used to pay a wide variety of expenses not provided for in the offering documents, including, large undisclosed payments to related parties, that two of the wells were drilled in locations different than those described in the offering documents, and that the offering documents and telephone script contained false or misleading statements concerning the success, experience and history of the company. The complaint also alleges that subsequent to the Commission s investigation, the business of Titan was wound down and that Magnum Petroleum and Magnum Oil were incorporated with Montozzi as a director and president of both Magnum corporations. Using offering documents virtually identical to those used by Titan, Magnum and Montozzi have been offering and selling undivided, fractional interests in at least one oil and gas well drilling program. The complaint alleges, among other things, that Magnum does not hold the necessary sublease to drill in the location cited in its offering documents, that Magnum does not disclose that it is ======END OF PAGE 1====== successor to Titan and that Montozzi is president of all three corporations, that all three of Titan s recent drilling programs failed, and that Montozzi has a history of cease-and-desist orders entered against him by state authorities. On May 20, 1998, the Honorable James Lawrence King, United States District Judge for the Southern District of Florida, issued a temporary restraining order against the defendants, restraining them, among other things, from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. On May 27, 1998, the court issued a preliminary injunction and other relief as to defendants Montozzi, Titan, Magnum Oil and Magnum Petroleum restraining and enjoining them, among other things, from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. On the same day, defendant Leitner consented to the entry of, and the Court entered, a permanent injunction against him. The order permanently enjoins Leitner from future violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Leitner did not admit or deny the Commission's allegations. The Commission thanks the Louisiana Office of Financial Institutions for its assistance in this matter. ======END OF PAGE 2======