U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15793 / June 29, 1998 SECURITIES AND EXCHANGE COMMISSION v. PHOENIX METALS U.S.A. II, INC. and ROBERT F. FLAHERTY, Civil Action No. CV-97-7153-SVW(AJWx) (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced that the Honorable Stephen V. Wilson, United States District Court Judge for the Central District of California, entered a final judgment on May 28, 1998, in the above-referenced action ( Final Judgment ) which completed the litigation of this action. The Commission s Complaint alleged that Phoenix Metals U.S.A. II, Inc. ( Phoenix Metal ) and Robert F. Flaherty ( Flaherty ) made material misrepresentations to investors in connection with the offer and sale of cinder ore investment contracts and the stock of Phoenix Metals. In the Complaint, the Commission sought a permanent injunction, disgorgement and an accounting against Phoenix Metals and Flaherty. Phoenix Metals and Flaherty previously consented to the entry of a judgment of permanent injunction, without admitting or denying the allegations in the Complaint, which enjoined them from future violations of Section 17(a) of the Securities Act of 1933 [15 U.S.C.  77q(a)], Section 10(b) of the Securities Exchange Act of 1934 [15 U.S.C.  78j(b)] and Rule 10b-5 thereunder [17 C.F.R.  240.10b-5]. The Final Judgment did not require Phoenix Metals and Flaherty to pay disgorgement or prejudgment interest thereon based upon Phoenix Metals and Flaherty s representations that they subsequently spent that sum in purchasing and operating the Phoenix Metals refinery. ======END OF PAGE 1======