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UNITED
STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION
RELEASE NO. 15649 / February 20, 1998
SECURITIES
AND EXCHANGE COMMISSION v. Daniel E. Schneider,
et al., et.
al., Civil Action No. 98-CV-0014-D (USDC
Wyo.)
The Commission
announced today that the U.S. District Court for
the District
of Wyoming, issued a preliminary injunction in
a pending action
involving the illegal sale of bonds, purportedly
backed by gold, issued in
the 19th century by the now defunct Chicago,
Saginaw and Canada Railroad
Co. (Saginaw). The order continues the
Court s temporary restraining order entered on January 20, 1998. The order also prohibits the fraudulent
sale of
interests in a prime bank-type trading program.
Following an
evidentiary hearing on January 29, 1998,
Judge William F. Downes entered
the preliminary injunction on Friday, February
13, 1998, against Daniel E.
Schneider (Schneider), a resident of Worland,
Wyoming, and related entities
Global American Prosperity Foundation (GAPF)
and Financial Acquisition
Sovereign Trust (FAST). The order also
freezes assets held by Schneider,
GAPF and FAST.
In a written
opinion, the Court concluded that the bonds are
worthless
as investments, having value only as historical
memorabilia, and that the
prime bank trading scheme touted by Schneider
is fictitious. The Court
concluded that the Commission established
a prima case that, Schneider,
GAPF and FAST, through their false and
misleading statements, violated the
antifraud provisions, Section 17(a) of
the Securities Act of 1933 and
Section 10(b) of the Securities and Exchange
Act of 1934 and Rule 10b-5
thereunder. The Commission’s complaint
alleged that during 1997,
Schneider, GAPF and FAST raised a total
of at least $2 million from six,
and possibly more than 30, investors nationwide
through the sale of Saginaw
bonds and through a bank debenture trading
program in which the Saginaw
bonds or other assets purportedly could
be used to generate substantial
returns.
In the preliminary
injunction, Judge Downes continued the terms of
the previously
issued temporary restraining order as to all of
the named relief
defendants, including California residents
Norman Fadel (Fadel) and Gordon
A. Dunlop (Dunlop), Utah resident Ken Karlson
(Karlson), and First
Consortium International, located in California.
The Commission s
Complaint alleged that Fadel and Karlson
received approximately $96,000 and
$354,000, respectively, from Schneider,
GAPF and FAST in connection with
Schneider s solicitation of the worthless
railroad bonds, and that Dunlop
and First Consortium hold $1.2 million
of investor funds Schneider
collected in connection with the fictitious
bank trading program.
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