-------------------- BEGINNING OF PAGE #1 ------------------- U.S. SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE No. 14671 / October 2, 1995 SECURITIES AND EXCHANGE COMMISSION V. HARVEY P. TABB, ET AL., Civil Action No. C-95-03459-CW (N.D. Cal. Sept. 29, 1995) The Securities and Exchange Commission today announced the filing of a Complaint in the United States District Court for the Northern District of California against Harvey P. Tabb, Donald R. Golan, American Ticketing Systems, Inc., Business Investment Group, Inc. and Socal Ameritix Limited Partnership (collectively, "defendants") alleging violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act"), Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 promulgated thereunder. In its Complaint, the Commission seeks a permanent injunction against the defendants, accountings, disgorgement plus prejudgment interest and civil penalties pursuant to Section 20(d) of the Securities Act and Section 21(d)(3) of the Exchange Act. Simultaneously with the filing of the Complaint, and without admitting or denying the Complaint's allegations, the defendants consented to the entry of an order of permanent injunction, permanently enjoining them from future violations of Sections 5(a), 5(c) and 17(a) of the Securities Act, Sections 10(b) and, except for Socal Ameritix Limited Partnership, 15(a) of the Exchange Act, and Rule 10b-5 promulgated thereunder. In addition, the defendants consented to the entry of orders requiring them to submit accountings and providing that the Court shall retain jurisdiction to determine the amount of disgorgement and civil penalties. According to the Complaint, the action involves the fraudulent offer and sale of a series of unregistered limited and general partnership interests by the defendants. From February 1994 to May 1995, the defendants and others raised at least $3.2 million from more than 225 investors. In connection with the offer and sale of these securities, the defendants and others violated the antifraud provisions of the federal securities laws by misrepresenting: (a) the use of investor funds; (b) the status of the underlying business ventures; (c) the prior business experiences of the defendants Tabb, Golan and others; and (d) the expected investor returns on investment. The Complaint further alleges that the defendants failed to register the general and limited partnership securities as required and illegally operated as unregistered broker-dealers. The Commission's investigation is continuing with respect to parties other than the defendants.