UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15139 / October 29, 1996 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 August 17, 1996, the Honorable Barbara S. Jones, United States District Court Judge for the Southern District of New York, entered a Final Judgment of Permanent Injunction and Other Equitable Relief By Consent ("Final Judgment") against defendant Scott A. Frye ("Frye"). The Final Judgment enjoins Frye from future violations of 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 does not impose civil penalties against him based on his demonstrated inability to pay. As detailed in the Complaint, beginning in or about May 1995 through the filing of the Commission's action on October 27, 1995, Frye 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 solicited funds from investors. The Complaint alleges that Frye used messages posted on the InterNet, and other written materials which he 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 made material misrepresentations of fact by, for example, falsely representing 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. For further information, see lit. rel. nos. 14702 and 14720.