UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15863 / August 31, 1998 SECURITIES AND EXCHANGE COMMISSION v. AMERICAN AUTOMATION, INC., et al. 3:98-CV-1596-D, USDC, ND/TX (Dallas Division) On August 28, 1998, the Securities and Exchange Commission filed a first amended complaint in federal district court, Dallas, Texas, adding Jayne R. Roose as a defendant in its previously filed civil action. The Commission alleges that Roose acted in concert with defendants Kendyll R. Horton, Hazel A. Horton and Merle B. Gross in the fraudulent offer and sale of American Automation, Inc. stock in which $4.5 million was raised from over 1400 investors in several states. In fact, according to the first amended complaint, Roose and fellow defendant Gross continued their fraudulent activity after the Commission filed the civil action and obtained a temporary restraining order prohibiting future fraudulent conduct. The first amended complaint alleges that the defendants told investors that American Automation would develop and place automated insurance vending machines in high traffic areas, and that projected profits would be almost $100 million by the end of its third year of operation; apparently, however, no automated vending machines have been sold and American Automation's only source of revenue has come from investors' funds. Additionally, according to the first amended complaint, the defendants used investor funds to pay for their personal expenses, and for business expenses unrelated to American Automation's operations. Roose is charged in the first amended complaint with violations of the securities registration and antifraud provisions of the federal securities laws found in Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder. On July 10, 1998, a temporary restraining order was issued against American Automation and the individual defendants prohibiting violations of the federal securities laws and freezing the company's and the individual defendants' assets. The first amended complaint seeks to extend this temporary restraining order to Roose, to permanently enjoin Roose from future violations of the federal securities laws, an order requiring disgorgement of all wrongfully obtained profits, with prejudgment interest, and a civil money penalty.