U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15838 / August 11, 1998 SECURITIES AND EXCHANGE COMMISSION v. RYNELL & ASSOCIATES, INC., LENGURNAL, INC., FIRST PARAGON, INC., MOVIE MANAGEMENT SERVICES, INC., DAVID L. BURNELL, J. ERIC RYMLAND AND DANIEL B. RUNG, Civil Action No. 98-6508 WMB (Cwx) (C.D. Cal.) The Securities and Exchange Commission ("Commission") announced that it filed a lawsuit today in federal court in Los Angeles against several entities and persons for their roles in a fraudulent investment scheme to purportedly fund, produce and distribute a motion picture. Named in the Complaint are Rynell & Associates, Inc. with offices in Riverside and San Francisco, California; Lengurnal, Inc. headquartered in Riverside, California; First Paragon, Inc. headquartered in San Francisco, California and Movie Management Services, Inc. headquartered in Hollywood, California. Also named in the Complaint are David L. Burnell, age 46, of Lafayette, California; J. Eric Rymland, age 40, of San Francisco, California and Daniel B. Rung, age 45, of Riverside, California. The lawsuit was filed in conjunction with the Federal Trade Commission's "sweep" of entertainment firms entitled "Risky Business." The Complaint alleges that between November 1995 and December 1997, the defendants, through Desert Gold Partners, a California general partnership ("Desert Gold"), raised approximately $8 million from the offer and sale of Desert Gold's general partnership units to about 600 investors nationwide. The Complaint further alleges that the defendants made material misrepresentations and omissions in connection with the offer and sale of these securities. The defendants represented that investor funds would be used to produce and distribute a motion picture entitled "Operation: Desert Gold" and that investors could potentially earn a 160-445% return. However, the defendants misused investors' funds by transferring most of the funds to themselves and their affiliates. To date, no movie has been produced and all of the investors' funds have been spent. The Complaint also alleges that Rynell & Associates, Lengurnal, First Paragon, Burnell and Rymland offered and sold securities in Desert Gold without being registered as broker-dealers, as required under the federal securities laws. The Complaint alleges that Rynell & Associates, Lengurnal, First Paragon, Burnell, Rymland and Rung violated Sections 5(a) and 5(c) of the Securities Act of 1933 ("Securities Act"), the securities registration provisions, and that all of those defendants except Rung violated Section 15(a) of the Securities Exchange Act of 1934 ("Exchange Act"), the broker-dealer registration provisions. The Complaint also charges that the defendants violated Section 17(a) of the Securities Act, Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, the anti-fraud provisions. The Complaint seeks to permanently enjoin the defendants from violations of the securities registration, antifraud and broker-dealer registration provisions of the federal securities laws. The Complaint also seeks disgorgement of ill-gotten gains and the imposition of civil monetary penalties against the defendants.