UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15074/September 26, 1996 SECURITIES AND EXCHANGE COMMISSION v. INTERNET BROADCAST GROUP, ET AL., (D.D.C., Civil Action No. 96 CV 02226 (SSH)) The Securities and Exchange Commission ("Commission") today announced the filing of a Complaint in the United States District Court for the District of Columbia against Internet Broadcast Group ("IBG") and other defendants and relief defendants. The Complaint alleges that the defendants violated the federal securities laws in connection with the offer and sale to the public of securities designated as "partnership units" in IBG, a purported general partnership formed to develop a wireless cable system in Muskegon, Michigan and acquire a hardwired private cable system in Mesa, Arizona. The other defendants named in the Complaint are Internet Wireless Communications, Inc. ("IWC"), California Financial Services, Inc.("CFS"), One Touch Marketing, Inc. ("OTM"), Commonwealth Communications Group ("CCG"), Capital Resources Group Inc. ("CRG"), John C. Trimpin, Richard B. Parnell, John Larson and Michael Green. According to the Complaint, at all relevant times, defendant Trimpin controlled defendants IBG, IWC and CFS. Additionally, the Complaint names as relief defendants Interactive Communications Network, Ltd., Able Private Cable and Satellite Corporation, Greg E. Parker, Michael Kittay, James Osborn and William Trower. The Complaint alleges that the relief defendants received funds unlawfully raised from investors, and hold these funds in a constructive trust for the benefit of investors. More specifically, the Complaint alleges that from April through September 1994, defendants engaged in the offer and sale of $2.1 million of IBG securities to approximately 186 investors nationwide, many of whom invested funds from their Individual Retirement Accounts. The sales techniques used included high pressure "boiler room" telephone sales tactics and mailings of promotional and other documents that contained false and misleading statements and omitted to state material facts. When sales ceased, and to date, the IBG investors obtained no rights in either the Muskegon, Michigan or the Mesa, Arizona cable systems. Despite that, according to the Complaint, the defendants received approximately 66%, and the relief defendants received approximately 27%, of the investors' funds. The Complaint alleges that all the defendants except IBG violated 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. The Complaint further alleges that since the IBG ==========================================START OF PAGE 2====== securities were never registered with the Commission, and were not exempt from registration, the defendants violated Sections 5(a) and (c) of the Securities Act. Additionally, the Complaint alleges that defendants OTM, CCG, CRG, Parnell, Larson and Green also violated Section 15(a) of the Exchange Act by engaging in broker-dealer activities without being registered with the Commission. The Complaint seeks permanent injunctions and disgorgement, together with prejudgment interest, from all the defendants and civil money penalties from all the defendants except IBG. The Complaint also seeks an order and judgment directing the relief defendants to disgorge the funds they hold in trust for investors. Simultaneously with the filing of the action, Trimpin, IWC and IBG consented, without admitting or denying the allegations of the Complaint, to the entry of a final judgment of permanent injunction, enjoining each of them from further violations of the charged provisions of the federal securites laws. The final judgment also requires IBG to disgorge $175,688, which is the amount of IBG investor funds on deposit, and frozen by court order, in a bank account in IBG's name, and requires Trimpin and IWC to disgorge, jointly and severally, the sum of $125,000. The $125,000 disgorgement to be paid by Trimpin and IWC in this matter is part of an aggregate disgorgement of $500,000 to be made by Trimpin and companies he controls to settle this case and two previously-filed Commission actions alleging violations of the federal securities laws in connection with the offer and sale of securities purportedly to raise money for the development of wireless cable systems. SEC v. Parkersburg Wireless LLC, et al. (Civ. Act. No. 94-1079, DDC) (LR-14085) and SEC v. United Communications, Ltd., et al. (Civ. Act. No. 95-0400, DDC) (LR- 14424) (LR-15018). Based on Trimpin's and IWC's demonstrated inability to pay, the final judgment does not impose civil penalties on them. The funds disgorged by Trimpin, IBG and IWC in this case shall be paid into a disgorgement fund to be administered by a Trustee, and upon the submission of a plan, distributed to IBG investors.