-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14720 / November 15, 1995 SECURITIES AND EXCHANGE COMMISSION v. SCOTT A. FRYE, 95 Civ. 9205, U.S.D.C., S.D.N.Y. (JSM) The Securities and Exchange Commission ("Commission") announced that, on November 15, 1995, an Order imposing a Preliminary Injunction ("Order") was issued by Judge John S. Martin of the U.S.D.C., S.D.N.Y., against Scott A. Frye ("Frye"). The Order also freezes the defendant's assets and orders the defendant to submit an accounting. The Order stems from a Complaint filed by the Commission on October 27, 1995, charging the defendant with violations of the antifraud provisions of the federal securities laws. The Court issued a Temporary Restraining Order against Frye on the same day the complaint was filed. As detailed in the Complaint, beginning in or about May 1995 through the present, Frye has posted numerous messages on the InterNet, a decentralized web of computers, accessible to millions of potential investors across the country and world- wide, in which Frye has solicited funds from investors. The Complaint alleges that Frye has used messages posted on the InterNet, and other written materials which he has distributed, in an attempt to lure investors with promises of riskless profits and above average returns from investments in two Costa Rican enterprises, ICP and the Jupiter Agro Development Project. However, as alleged in the Complaint, in connection with his solicitations, Frye has made misrepresentations of material fact. For example, Frye falsely represented that one of his companies had a major distribution contract for its product with A&P Supermarkets ("A&P"), when, in fact, it had no distribution contracts with A&P. Additionally, the Complaint alleges that Frye, when soliciting funds from investors, falsely stated that a bank had guaranteed investors' principal and 15% interest for a one year investment. The Commission's Complaint against Frye seeks an order of permanent injunction against further violations of the antifraud provisions of the federal securities laws, disgorgement of ill- gotten gains, including prejudgment interest, civil penalties and other ancillary relief. For further information, see lit. rel. no. 14702.