UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15820 / JULY 24, 1998 SECURITIES AND EXCHANGE COMMISSION V. FIRST NATIONAL ENTERTAINMENT CORP., MILTON J. VERRET, RICKY D. BUSBY, MICHAEL D. SWINGLER, RICHARD C. MAESTRE, AUBURN R. BUSBY, AND MICHAEL B. BYRD, Civil Action No. A 95CV371 (AA) (W.D. Tex., Austin Division) The Securities and Exchange Commission announced today that on June 24, 1998, the United States District Court for the Western District of Texas, Austin Division, entered a final judgment of permanent injunction and other relief against defendants Milton J. Verret and Ricky D. Busby for violations of Sections 17(a) of the Securities Act of 1933, and Sections 10(b), 13(a) and 13(d) of the Securities Exchange Act of 1934, and Rules 10b-5, 13a-1, 13a-11, 13a-13, 13d-2 and 12b-20 thereunder. Verret and Busby consented to the entry of the judgment without admitting or denying the Commission's allegations. The Commission alleged that between the fall of 1992 and June 1993, Verret and Busby, members of the management of defendant First National Entertainment Corp. ("FNAT"), participated in issuing a series of false and misleading statements to the public in various press releases and newsletters that materially inflated the projected revenues for a feature-length animated film called "Happily Ever After." When the film was released, FNAT's revenues from the film fell far short of these projections. According to the Commission's complaint, First National stock, which had traded at a high of over $9 in April 1993, fell to an average of approximately $0.28 a share in the first five months of 1995. The Commission sought disgorgement of illegal insider trading proceeds from Verret and Busby, who sold stock prior to release of the movie while allegedly in possession of material non-public information concerning more realistic revenue projections for the film, avoiding more than $4 million in losses. Verret also allegedly failed to make the required disclosures to the Commissions about his sales. The Commission further alleged that Verret and Busby participated in making a series of false statements in periodic filings with the Commission and other public statements which overstated the financing that First National had obtained to release the film. The Court's judgment enjoins Verret and Busby from further violations of the antifraud and reporting provisions, orders disgorgement of trading profits, and payment of prejudgment interest. The Court determined not to impose a civil penalty and not to require payment of disgorgement and prejudgment interest based on Verret's and Busby's demonstrated inability to pay. The judgment also permanently prohibits Verret and Busby from acting as an officer or director of any public company. The Commission continues to prosecute its claims against the remaining defendants in this action, Michael B. Byrd and Richard C. Maestre. A trial date has been set for March 1, 1999. The Court previously entered final judgments of permanent injunction and other relief against defendant FNAT on July 5, 1995, and against defendants Auburn R. Busby and Michael D. Swingler on May 9, 1996. On February 26, 1996, the Commission instituted administrative proceedings in a related matter, making findings and imposing remedial sanctions against respondents John R. Manion and Continental Capital & Equity Corp.