Release: #4310-99 (2:98CV00216J)

For Release: August 30, 1999

UTAH FEDERAL COURT ENTERS PERMANENT INJUNCTIONS AGAINST DOUGLAS
    FOSTER AND ROBERT MONCUR IN CFTC ENFORCEMENT ACTION CHARGING FRAUDULENT
    OPERATION OF THREE COMMODITY POOLS

Court Permanently Bars Foster and Moncur From Seeking Registration Or
    Acting In Any Capacity Requiring Registration With The CFTC and Prohibits
    Them From Trading For Ten Years

WASHINGTON — The Commodity Futures Trading Commission (CFTC)
    announced today that U.S. District Court Judge Bruce Jenkins of the U.S.
    District Court for Utah entered consent orders of permanent injunction
    against Douglas Foster of North Salt Lake, Utah, on August 18, 1999,
    and against Robert Moncur of Bountiful, Utah, on August 25, 1999, in
    a case involving the fraudulent operation of commodity pools.

The court's orders stem from a six-count complaint filed by the
    CFTC on March 27, 1998, against Foster, Moncur and six others (see CFTC
    News Release #4129-98, April 1, 1998). The CFTC's complaint charged Foster
    and Moncur, among other defendants, with fraudulently soliciting investors,
    issuing false statements, and misappropriating customer funds in connection
    with three commodity pools, Capital Advantage Group II, L.L.C., Brighton
    Fund, L.L.C., and Augusta Fund, L.L.C. According to the complaint, 23 pool
    participants invested approximately $325,000 in these three pools. Foster
    was also charged with fraudulently soliciting investors in connection with
    a fourth commodity pool, Sunrise Fund, L.L.C. Sunrise Fund allegedly
    received approximately $127,000 from 18 investors. The investors in all
    four of these pools resided in Utah.

Without admitting or denying the allegations in the CFTC complaint,
    Foster and Moncur consented to be, among other things:

1) permanently enjoined from further violations of the Commodity
    Exchange Act and CFTC regulations, as charged;

2) prohibited from soliciting or accepting new clients or participants
    for commodity futures or options trading and seeking registration or
    exemption from registration in any capacity with the CFTC; and

3) prohibited from trading any commodity futures contracts or options on
    commodity futures contracts for their own personal accounts or having any
    such contracts traded on their behalf for a period of 10 years.

In addition, the court ordered Moncur to disgorge $21,505, representing
    his gross profits from the conduct alleged in the CFTC's complaint.
    The order acknowledges that Moncur has already satisfied this
    obligation.

This case was filed as the result of a joint investigation by the
    CFTC's Division of Enforcement and the State of Utah, Division of
    Securities. As a result of this investigation, over $850,000 was returned
    to victims of this fraudulent scheme and a related securities scheme.

In its continuing litigation against the remaining defendants, John
    Larry Schenk, Sam Gray, Fidelity Traders Group, Brian Tobler, Mark Schenk
    and John Steven Schenk, the CFTC is seeking an order of permanent
    injunction, an accounting, disgorgement of all ill-gotten gains,
    restitution to the defrauded investors and civil monetary penalties.

# # #