UNITED STATES SECURITIES AND EXCHANGE COMMISSION RELEASE NO. 15749 / May 19, 1998 Securities and Exchange Commission v. Richard Carlos Powelson, individually and dba PBS Trust, Roger Frederick Kline, and Bryan Paul Shortsleeve, (M.D. Fla., Civil No. 98-949-CIV-T-23F) The Commission today announced the filing of a Complaint charging three individuals with securities fraud in the sales of a get rich quick infomercial scheme. The Complaint filed on May 5, 1998 in the United States District Court for the Middle District of Florida names the infomercial creator, Richard Carlos Powelson, who lives in Kansas City, Missouri, and two salesmen, Roger Frederick Kline, and Bryan Paul Shortsleeve, who live in St. Petersburg, Florida with violating the federal securities laws by making false statements while selling to elderly clients investments in an infomercial created by Powelson to sell his real estate training program that is titled "How to Build a Fortune." The scheme raised $1,096,000 from fifteen investors, the majority of whom live in the St. Petersburg, Florida area and the remainder live in Potage and Walled Lake, Michigan and Winona, Minnesota. The Complaint alleges that Powelson, Kline and Shortsleeve gave investors sales materials that falsely represented investors would receive 150 percent return on their investment within six to nine months based on sales of 300,000 of Powelson's real estate training programs; however, Powelson had no reasonable basis for these projected sales and earnings, because he had never previously produced an infomercial. He had only appeared as a speaker in earlier infomercials. The Complaint also alleges that the sales materials failed to disclose that Powelson filed personal bankruptcy in 1990 and had been barred from participating in real estate transactions with the Department of Housing and Urban Development. Additionally, the Complaint alleges that the sales materials represented that only five percent of the money raised would be spent on marketing, when in fact, Kline and Shortsleeve received commissions of twenty percent which were not disclosed to investors. Kline and Shortsleeve failed to verify the truthfulness of any of the statements in the sales materials. The Complaint further alleges that Shortsleeve falsely represented that elderly investors were losing money on insurance annuity policies as a means to persuade them to invest in Powelson's infomercial The Complaint asserts the defendants' actions violated the anti-fraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, seeks an injunction to stop them from future violations of the ======END OF PAGE 1====== - 2 - federal securities laws, and requests an order requiring them to repay any money they obtained illegally and additional civil penalties. No trial date has been set. ======END OF PAGE 2======