SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15523 / October 1, 1997 SECURITIES AND EXCHANGE COMMISSION v. RUSSELL S. SMITH, ET AL., United States District Court for the Western District of Kentucky, Civil Action No. 1:96CV-166-R (W.D.Ky, September 27, 1996)(TBR) The Securities and Exchange Commission announced today that the United States District Court for the Western District of Kentucky entered on September 30, 1997, a Final Judgment permanently enjoining John E. Burse, a former securities salesman with Smitco Oil, Inc. of Albany, Kentucky ("Smitco"), from committing future violations of the antifraud and registration provisions of the federal securities laws. Similar Final Judgments were entered against Burse's co-defendants James O. Foust on July 16, 1997, and Russell S. Smith and James E. Fisher on June 25, 1997. The Commissions's Complaint in SEC v. Russell S. Smith, et al., alleged that Smith, president of Smitco, Foust, a former principal of Smitco, and Burse and Fisher, two salesmen formerly employed by Smitco, over a period extending from fall of 1992 to the fall of 1993, raised approximately $1.4 million from investors selling undivided working interests in oil leases in an unregistered public offering. The offering employed high-pressure telephone calls and written offering materials that portrayed the working interests in a misleading fashion and failed to adequately state the risks of the investments. Without admitting or denying the allegations in the Complaint, Smith, Foust, Burse and Fisher (collectively, the "Defendants") consented to the entry of the Final Judgments against them. The Final Judgments enjoin the Defendants from future violations of Sections 5 and 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, waive (for all defendants but Foust, from whom no disgorgement was sought) payment of disgorgement based on their financial condition as represented in their sworn financial statements to the Commission, and decline to impose civil penalties, also based on the Defendants' financial condition. For more information, see Litigation Release No. 15083 (September 27, 1996). [Securities and Exchange Commission v. Russell S. Smith, et al., Civ. Action No. 1:96CV-166-R (W.D.Ky, September 27, 1996) (TBR)] ======END OF PAGE 1======