U.S SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15827 / July 30, 1998 SECURITIES AND EXCHANGE COMMISSION v. RAFI M. KHAN AND TIMOTHY J. TYRRELL, Civil Action No. CV-98-6143 MMM (SHx) (C.D. Cal.) The Securities and Exchange Commission filed a complaint today in federal district court in Los Angeles against Rafi M. Khan charging him with fraud for engaging in stock manipulation. Khan, age 47, is a Los Angeles-area stockbroker who the Commission alleges manipulated the stocks of two companies, Future Communications, Inc. ("FCMI"), a now defunct cable television programming company based in Dallas, Texas, and The L. L. Knickerbocker Co., Inc. ("KNIC"), a celebrity-endorsed marketing company based in Lake Forest, California. From June 30 to August 30, 1993, FCMI's stock price rose from $6.50 to $27.25. Shortly thereafter, FCMI's price collapsed and the company declared bankruptcy. From July 3 to August 11, 1995, KNIC's stock price rose from $6 to $52 per share. Shortly thereafter, the price dropped 46%. The Complaint alleges that Khan orchestrated these price runs using a variety of manipulative practices, including acquiring substantial control of the market for each stock; restricting the available supply of each stock; making purchases to stabilize or raise the price of each stock; executing unauthorized trades; parking stock in fictitious and nominee accounts and discouraging sales in order to maintain control of the market; creating demand by making misleading statements and touting wildly exaggerated earnings projections; promoting a "short squeeze" scheme, i.e., using market control to withhold stock from short sellers and concurrently raise stock prices to force short sellers to cover their positions at increasing prices; and engaging in trading collusion. The Complaint alleges that Khan and a relative had a significant financial stake in both manipulations. Khan's improper trading profit from the two manipulations was $552,500. The Complaint alleges he would have realized significant additional gains had he and his relative sold their available stock at the artificially inflated prices. The Complaint also alleges that Los Angeles-area stockbroker Timothy J. Tyrrell, age 37, committed fraud by participating in the FCMI manipulation. Tyrrell was a market maker for FCMI stock at Reynolds Kendrick Stratton, Inc., the now defunct brokerage firm where he and Khan worked, and acted as Khan's trader during the FCMI stock manipulation. The Complaint alleges that Tyrrell engaged in a variety of manipulative practices to create artificially high prices for FCMI stock, including refusing to execute sell orders (as a means to maintain control of the market for FCMI stock); purchasing FCMI stock and raising FCMI's bid price merely for the purpose of creating artificially high stock prices; promoting and furthering a short squeeze scheme; and orchestrating a collusive trading arrangement with another market maker, Paul I. Comi, who worked at the now defunct AmeriNational Securities brokerage firm. Comi previously consented, without admitting or denying the Commission's findings, to the entry of a cease-and-desist order, a $5,000 civil penalty, and a six-month suspension from associating with a broker-dealer. In the Matter of Paul I. Comi, Exchange Act Release No. 39968 (May 6, 1998). The Complaint alleges that Tyrrell had a significant financial stake in the FCMI manipulation. Tyrrell's improper trading profit was $224,850. The Complaint alleges he would have realized significant additional gains had he sold his available stock at the artificially inflated prices. Khan allegedly manipulated KNIC stock from his one-person Southern California office of Shamrock Partners, Ltd., a Media, Pennsylvania based brokerage firm. The Complaint alleges that as a result of their conduct, Khan and Tyrrell violated the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Complaint seeks permanent injunctions, disgorgement with prejudgment interest, and civil penalties.