UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15356 / May 1, 1997 SECURITIES AND EXCHANGE COMMISSION V. DOUGLAS R. DAMON ET AL., (N.D. ILL., CIVIL ACTION NO. 95 C 7569, FILED DECEMBER 22, 1995) The Securities and Exchange Commission today announced that on April 15, 1997 the United States District Court for the Northern District of Illinois, in Chicago, entered a Final Judgment and Order of Permanent Injunction (Order) against Douglas R. Damon (Damon), Robert M. Davis (Davis) and Kenneth C. Kolovitz (Kolovitz). The Order enjoins Damon, Davis and Kolovitz from future violations of the registration and antifraud provisions of the federal securities laws. Damon, Davis and Kolovitz each consented to the entry of the Order without admitting or denying the allegations in the Commission's Complaint. The Commission's Complaint, filed on December 22, 1995, alleged that Damon, Davis and Kolovitz made misrepresentations and omissions to investors in order to sell $6.6 million worth of unregistered securities in the form of promissory notes, in violation of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Sections 10(b), 15(a)(1) and 15(c)(1) of the Securities Exchange Act of 1934 and Rules 10b-5 and 15c1-2 thereunder. Specifically, the Complaint alleged that, from 1989 through October 1990, Union Credit Corporation (UCC) issued the promissory notes, which Damon, who controlled UCC, and Davis and Kolovitz, who acted as salesmen for UCC, sold to investors. The notes were not registered as securities with the Commission. The Complaint further alleged that Damon, Davis and Kolovitz made numerous misrepresentations and omissions to investors in the sale of these notes, including that UCC would use investor funds to purchase business machines, UCC would lease those machines to various businesses, and investors would receive a return of their principal and between 24% and 31% interest on that principal amount, which was to be derived from the proceeds of the business machine leases. In fact, the Complaint alleged, Damon operated a ponzi scheme, and did not purchase business machines with investor monies. Rather, it alleged that he used investor funds to pay other investors, and for his personal purposes.