EMBARGOED UNTIL 10:30 A.M., APRIL 30, 1991 VICTIMS OF OIL AND GAS LEASE SCAM TO GET BACK NEARLY FULL REFUNDS FOLLOWING $47 MILLION IN SETTLEMENTS OF FTC AND RELATED CASES Consumers victimized by an oil and gas lease telemarketing scheme that bilked investors out of more than $51 million in the early 1980s will get back more than 90 cents on the dollar in largest telemarketing fraud settlement ever announced by the Federal Trade Commission, the agency and the court-appointed receiver in the case said today. Approximately $47 million is available for distribution to 8,230 consumers who lost between $5,000 and $10,000 each in the scheme. Settlements were negotiated with more than a dozen defendants in the case, and include more than $30 million from attorneys, accountants, banks, and insurance companies charged with knowingly helping to perpetrate the fraud. These defendants have agreed to the settlements to avoid going to trial. Notices to consumers eligible for refunds will go out this week, and the checks are expected to be distributed this summer. "Today's announcement sends an important message to those in the financial, legal, and accounting communities who may be tempted by the profits of knowingly aiding and abetting a fraud," said FTC Chairman Janet D. Steiger in announcing the refunds. "This case demonstrates the Commission's willingness to take an enforcement action beyond the primary perpetrators of a known fraud, and go after the infrastructure supporting that fraud as well." Background The settlements stem from a July 1983 case in which the FTC charged three southern Florida companies -- U.S. Oil and Gas Corporation, Eagle Oil and Gas Corporation, and The Stratford - more - U.S. Oil and Gas--04/30/91) Company -- and ten individuals with false and deceptive sales practices in connection with application filing services they provided for a federal lottery. The lottery awarded leases for the rights to oil and gas resources on parcels of federal land. According to the FTC complaint, the defendants marketed their filing services to consumers by telephone using sales scripts. They charged several thousand dollars for a package of filings, of which only a fraction was used for lottery filing fees, the FTC said. The Charges The FTC charged that the defendants falsely represented their ability to "eliminate the risk" of participating in the lottery. Specifically, the complaint alleged, the defendants misrepresented their expertise and "exclusive knowledge of valuable parcels," the likelihood of winning a lease, the number of customers' applications that would compete for each lease, and the companies' prior success in helping customers win leases. In fact, the FTC said, from September 1982 through July 1983, the defendants' customers filed more than 66,000 applications, but won only 60 leases. The complaint also alleged that, beginning in 1982, the defendants started falsely promising that customers would get back their original investment after seven years whether or not they won a lease. According to the FTC complaint, the companies set up a program whereby a portion of each investor's fee was used to purchase an annuity to provide the refunds. But, in fact, investors were never made beneficiaries of these annuities. The federal district court in Miami froze $12 million of the companies' assets, and prohibited future deceptive sales prac- tices in October 1983. The personal assets of the individuals named in the case were frozen in January and March 1984. In November 1983, at the request of the FTC, the court appointed Gerald B. Wald, a partner with the law firm of Murai, Wald, Biondo & Moreno of Miami, Florida, as a receiver to take physical control of the three companies and to safeguard their assets, records and other possessions. Subsequently, the court appointed Wald and two additional counsel to represent investors who fell into separate classes of victims. The court then auth- orized the receiver and additional counsel to file civil suits against the companies and the individuals who allegedly aided and abetted the oil and gas lease scam. These ancillary actions were then consolidated with the FTC action. U.S. Oil and Gas--04/30/91) Among those named in the ancillary actions are: (1) Alexander & Alexander, a Maryland corporation with its home office in New York. Alexander & Alexander is an insurance broker which allegedly helped the defendants establish, promote and administer the bogus annuity program. (2) Belvedere Insurance Company, Ltd., a Bermuda corpora- tion; Executive Life Insurance Company of California; and First Pyramid Life Insurance Company of America, an Arkansas Corporation. These companies were alleged to have issued the annuities with knowledge that they were part of a scheme to defraud consumers. (3) Melvin Morgenstern and his law firm, Goldberg, Semet, Lickstein & Morgenstern, a Florida partnership located in Miami. Morgenstern and his firm were charged with helping design the bogus annuity program, and also with helping design and implement a corporate reorganization that re- sulted in the alleged looting of $5 million of the corporate defendants' assets by Gurdon Wolfson, an individual defen- dant in the case. (4) Sadoff Rothchild & Company, P.A., a Miami-based corpora- tion and successor to Sadoff Rothchild Levin & Myer, a Florida partnership; and Spear, Safer and Company, a Miami, Florida professional company. These two accounting firms allegedly helped the defendants establish the bogus annuity program and provided other accounting services essential to the fraud and concealing its profits. (5) Southeast Bank of Miami, a national banking association, and American Savings & Loan Association of Florida, a Florida savings and loan corporation. These two financial institutions were charged with permitting the use of their names as references in the defendants' sales materials when they knew, or should have known, that the defendants' programs were fraudulent. (6) The Better Business Bureau of South Florida, which allegedly allowed itself to be used as a reference for the defendants, and the Council of Better Business Bureaus, charged with failing to adequately supervise the conduct of the BBB of South Florida. U.S. Oil and Gas--04/30/91) Sources of Settlement Funds The FTC settled with some of the defendants named in its own case under consent judgments and decrees that include both broad prohibitions on future deceptive practices and funds for consumer redress. Those funds have been transferred to the receiver. On April 26, the court approved a further settlement of $30 million which had been negotiated by Wald with the individuals and companies named in the ancillary actions. As a result of these settlements, a default judgment against defendant Gurdon Wolfson (a principal of U.S. Oil and Gas), and other funds in the receiver's possession, approximately $47 million is now available to make refunds to consumers who fell victim to the scheme. A partial summary of the settlement amounts is attached. Copies of the original complaint in this matter are available from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY 202-326-2502. NOTE: The final judgment containing the agreements to pay funds for consumer redress are for settlement purposes only, and do not constitute admissions of law violations. They have the force of law when approved by the court. # # # MEDIA CONTACT: Bonnie Jansen, Office of Public Affairs 202-326-2161 STAFF CONTACT: Michael McCarey, Division of Service Industry Practices, 202-326-3303 (FTC File No. 812 3232) (USOil) USOIL--04/30/91) PARTIAL SUMMARY OF SETTLEMENT AMOUNTS -- 500,000 Belvedere Insurance Company, Ltd.; -- 300,000 Executive Life Insurance Company; -- 125,000 First Pyramid Life Insurance Company of America; -- 500,000 Pinnacle Reinsurance Company, Ltd., a Bermuda corporation; -- 300,000 American Savings and Loan Association of Florida; -- 500,000 Southeast Bank, N.A.; -- 75,000 Bayshore Bank of Florida; -- 600,000 Wolfson & Diamond, P.A.; J. Leonard Diamond; and Richard S. Wolfson; -- 8,500,000 Alexander & Alexander, Inc.; -- 50,000 Ed Harris; Cambridge Insurance Agency, Inc.; and Ossip-Harris Insurance, Inc.; -- 6,000,000 Sadoff, Rothchild & Company, P.A.; Milton Sadoff; Stuart Rothchild; Mortin Levin; Richard Myers; and Nolan Kravit; -- 6,570,000 Goldberg, Semet, Lickstein & Morgenstern; and Melvin Morgenstern; -- $4,500,000 Better Business Bureau of South Florida, Inc. and the Council of Better Business Bureaus, Inc.; and -- $ 27,500 the estate of Bernard Striar. The following settlements were with individual salesmen named in the case: -- 10,000 Suzanne Goldstein; -- 10,000 Adele Aronow; -- 1,500 Steve Aronow; -- 2,000 Eric Swerdlow; -- 115,000 Irving Sand; and -- 225,000 Milton Sand.