==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 14820 / February 22, 1996 SECURITIES AND EXCHANGE COMMISSION v. DOUGLAS FRANKEL., Civil Action No. 96-1221 JMI (SHx)(U.S.D.C., C.D. Cal.) The Securities and Exchange Commission ("Commission") announced the filing on February 21, 1996, of a Complaint in the United States District Court for the Central District of California against Douglas Frankel ("Frankel") of Santa Monica, California. The Complaint alleges that Frankel violated the antifraud, antitouting and securities registration provisions of the federal securities laws by creating and ordering the broadcast of fraudulent infomercials that touted investments in wireless cable television ("WCT") and specialized mobile radio ("SMR") securities. The Complaint seeks a permanent injunction against future violations of Sections 5(a), 5(c), 17(a) and 17(b) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rule 10b-5 thereunder, and a civil penalty. The Complaint alleges that Frankel, conducting his business under the name United Broadcast Sales, produced and repeatedly ordered the broadcast of four half-hour infomercials during 1993 and 1994. The Complaint alleges that the infomercials resembled a financial news report, featuring a moderator conducting a question and answer session with a purported industry "expert" or "analyst". The Complaint further alleges that the infomercials offered prospective investors an opportunity to invest in securities, and urged viewers to telephone a toll-free number for additional information on how to become a part owner of a WCT or SMR system. The Complaint alleges that Frankel arranged for operators to obtain the name, address, and telephone number of persons who called the toll-free number. The Complaint further alleges that Frankel sold investor "leads" generated by broadcasting the infomercials to approximately 30 promoters of WCT and SMR investments. The Complaint alleges that the promoters used the information purchased from Frankel to contact the persons who responded to the infomercials and to solicit them to purchase the promoters' securities. To date, at least thirteen of Frankel's clients are defendants in SEC enforcement actions charging them with violations of the securities registration and/or antifraud provisions of the federal securities laws in connection with WCT and SMR offerings. The Complaint alleges that Frankel made misrepresentations ==========================================START OF PAGE 2====== and omissions in his infomercials in order to induce investors to purchase the offered securities. The Complaint alleges that the infomercials, among other things: i) falsely stated that the risks involved in investing in the offered securities were minimal; ii) falsely described the investment opportunity as being in a well-established operating company; iii) falsely projected exorbitant rates of return; iv) urged prospective investors that if they did not act immediately they would lose their opportunity to invest, when there was no reasonable basis for that statement; and v) falsely implied that disinterested investment advice was being disseminated. The Complaint also alleges that Frankel failed to disclose to investors his arrangements with his promoter clients or the amount of compensation he received. Simultaneously with the filing of the Complaint, Frankel, without admitting or denying any of the allegations in the Complaint, consented to the entry of an order enjoining him from violating Sections 5(a), 5(c), 17(a) and 17(b) of the Securities Act and Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder, and ordering him to pay a civil penalty in the amount of $50,000.