==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15216 / January 16, 1997 SECURITIES AND EXCHANGE COMMISSION v. JAMIE CHARLES SPANGLER AND ROBERT ALBERT MERRIFIELD, 95 CV 814-A (W.D.N.Y.) The Securities and Exchange Commission announced that on December 2, 1996, the Honorable Richard J. Arcara, United States District Judge for the Western District of New York, entered a Final Judgment of Permanent Injunction against defendant Robert Albert Merrifield ("Merrifield"). The Final Judgment, to which Merrifield consented without admitting or denying the allegations of the Complaint, orders that Merrifield: (1) be permanently enjoining from committing 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; and (2) pay disgorgement of $28,746.45, which represents the amount alleged by the Commission to be his gains from the conduct alleged in the Complaint. The Final Judgment provides, however, that payment of disgorgement and prejudgment interest is being waived and that no civil penalty is imposed, based upon Merrifield's demonstrated inability to pay. The Commission's Complaint, filed on September 20, 1995, alleged that between February 1991 and June 1992, Merrifield and Jamie Charles Spangler fraudulently solicited nearly $500,000 from twenty-four unsophisticated investors, almost all of whom were elderly retirees, in the Buffalo, New York area. The Complaint further alleged that, in connection with the offer and sale of securities of First Legal and Financial Services Ltd. and Prime Holdings of New York, Inc., Merrifield made material misrepresentations and omitted to state material facts about the use of investors' funds, the risks of the investment, diversion of funds for personal use, the return on investments, predictions about the companies' future expansion and revenues, the persons who owned and controlled the companies, and the companies' financial condition. The Commission is continuing to litigate the claims alleged against defendant Spangler. For further information see Litigation Release No. 14645 (September 20, 1995).