==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14841 / March 12, 1996 SECURITIES AND EXCHANGE COMMISSION V. ETHANOL RESOURCES, INC. AND THOMAS KOVALCHEK, Case No. 6553-CIV-RYSKAMP (S.D. Fla. 1994) The Commission announced at the conclusion of a hearing on October 4, 1995, in federal District Court for the Southern District of Florida, the Honorable Kenneth J. Ryskamp found that Thomas J. Kovalchek, age 51, and Ethanol Resources, Inc. ("ERI"), both of West Palm Beach, Florida, violated the anti-fraud provisions of the federal securities laws in connection with the sale of $170,293 of promissory notes in late 1992 and early 1993. The Commission charged that Kovalchek and ERI falsely told investors that: (1) 90% of their principal was guaranteed by the United States Government when, in fact, no such guarantee existed; (2) the investments were secured by a 25-year lease between ERI and the Seminole Indian Tribe when, in fact, the lease was invalid and worthless; and (3) they would earn a 7.5% to 10% monthly rate of return based on the sale of 2.5 million gallons of ethanol in ERI's first year of production when, in fact, there was no reasonable basis for such claims. The Commission also charged that Kovalchek and ERI failed to disclose that 10% of each investment was used to pay sales commissions. The Commission's papers noted that most of the defrauded investors were unsophisticated, elderly persons who had little or no prior investment experience. Judge Ryskamp enjoined Kovalchek and ERI from continuing to violate 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, and ordered Kovalchek and ERI within 30 days to disgorge, jointly and severally, ill-gotten gains of $170,293, plus interest, and to pay civil money penalties of $100,000 and $500,000, respectively.