U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16057 / February 11, 1999 SECURITIES AND EXCHANGE COMMISSION v. SATCOM, INC., SATCOM MARKETING AND DISTRIBUTION, INC., TRICAP VENTURES, COASTAL ENTERPRISES, LLOYD D. PAINE, SCOTT C. MESSIER AND LAWRENCE C. HARVEY, Civil Action No. 99-CV 0234 IEG LAB (S.D. Cal.) The Securities and Exchange Commission ("SEC") announced that on February 10, 1999 it obtained a temporary restraining order halting the operations of four San Diego entities that were conducting a fraudulent investment scheme through which approximately $3.1 million has been raised. Named in the Complaint are SatCom, Inc. ("SatCom") SatCom Marketing and Distribution, Inc. ("SMD"), Tricap Ventures ("Tricap"), and Coastal Enterprises ("Coastal"), all located in San Diego, California, and Lloyd D. Paine, age 53, of Jamul, California, Scott C. Messier, age 35, of San Diego, and Lawrence C. Harvey, age 38, also of San Diego. Paine is the president, CEO, and a member of the board of directors of SatCom and a member of the board of directors of SMD. Both Messier and Harvey are Chief Financing Directors and members of the board of directors of SatCom and SMD and executive advisors to Tricap and Coastal. The Complaint alleges that from May 1997 through the present, the defendants have raised approximately $3.1 million from the offer and sale of common stock in SatCom and SMD to about 150 investors nationwide. According to the Complaint the defendants made material misrepresentations and omissions in connection with the offer and sale of these securities. The defendants represented that investor funds would be used to develop, manufacture, market, and sell SatCom’s products, which include a "reusable space launch vehicle," and that no investor funds would be used for sales commissions in connection with the sale of SatCom and SMD stock. Contrary to these representations, the defendants misused investors’ funds by spending only approximately 5% of investor funds on the stated purpose and spending almost all of the remaining funds on undisclosed and undetermined expenses, including sales commissions of 40% to Tricap and Coastal, payments to Paine and his family of more than $135,000, payment of more than $250,000 for the personal American Express card of Paine’s wife (used in substantial part for personal expenses of the Paine family), the purchase of a Mercedes Benz automobile for the use of Paine’s wife, and operating costs of the "boiler room" through which investors were solicited. The SEC obtained an order freezing the assets of the defendants and temporarily enjoining the defendants from future violations of Sections 5(a) and 5(c) of the Securities Act of 1933 ("Securities Act"), the securities registration provisions, and Section 17(a) of the Securities Act, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder, the antifraud provisions. The Complaint seeks preliminary and permanent injunctions, disgorgement, and civil penalties against the defendants.