UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15088 / September 27, 1996 SECURITIES AND EXCHANGE COMMISSION V. BRENT MOLOVINSKY, (United States District Court for the District of Maryland, Civil Action No. PJM-963046) On September 27, 1996, the Securities and Exchange Commission ("Commission") filed a complaint in the U.S. District Court for the District of Maryland against Brent Molovinsky ("Molovinsky"), the former president and chairman of the board of TVI Corporation ("TVI"), a publicly held military defense contractor headquartered in Beltsville, Maryland, seeking a permanent injunction, disgorgement and prejudgment interest, civil penalties and an order barring Molovinsky from acting as an officer or director of any public company. The Commission alleges that, between October 1992 and April 1995, Molovinsky, who had exclusive control over TVI's day-to-day operations and finances, engaged in a scheme in which he misappropriated more than $1 million of investor proceeds raised from the sale of over $2.9 million of TVI stock to at least 699 investors. The stock was to be offered and sold to existing TVI investors and creditors pursuant to a court-approved plan of reorganization, and was to be subject to a provision in the United States Bankruptcy Code exempting such sales from registration. In its complaint, the Commission charges that Molovinsky fraudulently stimulated demand for TVI stock by making materially false and misleading statements concerning the company's revenues, earnings and assets. Molovinsky disseminated the misleading information through investor correspondence and a series of TVI press releases which he prepared and issued. Among other things, he overstated TVI's revenues and income during 1992 and 1993, falsely represented that TVI had contracts to build tank gunnery ranges that would generate revenues exceeding $2.5 million, and falsely stated that TVI held patents for low-cost stealth material and thermal targets used in military applications. According to the complaint, Molovinsky took advantage of the increased demand generated by his false and misleading statements by selling almost all of the 14 million shares of TVI stock issued in the offering without regard to restrictions imposed by the reorganization plan. Among other things, he sold more shares than permitted, and sold shares outside the prescribed 60 day sales period. In addition, at least 8.7 million of the shares were neither registered with the Commission nor subject to the exemption from registration provided by the Bankruptcy Code because they were sold to persons who were neither existing creditors nor shareholders of TVI. The Commission also alleges that Molovinsky misappropriated over $1 million of the proceeds by withdrawing funds from TVI ==========================================START OF PAGE 2====== corporate bank accounts and diverting investor checks to bank accounts he controlled. According to the complaint, he used the funds to pay his personal living and business expenses, including alimony payments to his first wife, a downpayment on a house for his son, and installments on his personal credit cards and a time-share he owned in Cancun, Mexico. Based on the foregoing, the complaint alleges that Molovinsky violated Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder.