==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14909 / May 13, 1996 SEC v. Dan Stuart, (S.D. Fl., Civil Action No. 96-6425-CIV-ZLOCH, filed May 2, 1996). The Commission announced that on May 2, 1996, the Honorable William J. Zloch, United States District Judge for the Southern District of Florida, entered a permanent injunction enjoining Dan Stuart ("Stuart") from violating Sections 5(a), 5(c) and 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 defendant consented to the relief without admitting or denying the allegations set forth in a complaint previously filed by the Commission on April 22, 1996. The Court further ordered Stuart to pay disgorgement in the amount of $735,000, including pre-judgment interest. The Court waived payment of all but $225,000 of the disgorgement and declined to impose civil penalties based upon sworn representations by Stuart concerning his inability to pay the additional sum. In its complaint, the Commission alleged that Dan Stuart, in his capacity as president of TransAmerica Wireless Systems, Inc. ("TransAmerica"), directed the use of television infomercials, mailings and telephone boiler rooms to sell interests in general partnerships purportedly formed to develop multi-channel microwave distribution service ("MMDS") "wireless" television systems, also known as microwave pay television and wireless cable television. Partnership interests were sold through TransAmerica, a Florida-based corporation, formerly located in Fort Lauderdale, and Intercontinental Telecommunications Corporation ("ITC"), a Florida corporation, formed by the principals of TransAmerica. Each corporation is currently under the control of a receiver. The Commission alleges that agents of TransAmerica and ITC, acting at the direction of Stuart and other principals, misrepresented or failed to disclose material facts in connection with the sales. Among other misrepresentations, TransAmerica and ITC claimed to be negotiating for FCC licenses when, in fact, no such negotiations were taking place. Predictions were also made to the investors of the exorbitant profits to be made, when, in fact, there was no reasonable basis for the projections. Until the appointment of a receiver, Danny Sterk was chief executive officer of TransAmerica and a principal of ITC. On November 28, 1995, a permanent injunction was entered against Sterk in SEC v. Danny Sterk et al., Civil Action No. 94-6805-CIV- Gonzalez, in the United States District Court for the Southern ==========================================START OF PAGE 2====== District of Florida. This case involved the same alleged activity as the Stuart complaint (See LR-14749).