-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION Litigation Release 14686 / October 11, 1995 Accounting and Auditing Enforcement 731 / October 11, 1995 SEC v. Digitran Systems, Donald G. Gallent and James R. Bryan, Civil Action No. 94C-NC-173C (USDC UT). The Commission announced that on September 29, 1995, the Honorable Tena Campbell of the U. S. District Court for the District of Utah issued a Final Judgment of Permanent Injunction against Digitran Systems, Inc. ("Digitran"). Digitran, which consented to the order without admitting or denying the Commission's allegations was enjoined from further violations of the antifraud and reporting provisions of the federal securities laws. The Commission's Complaint, filed on December 29, 1994, alleged that Digitran made false and misleading statements concerning the company's sales and leases of simulators and about its financial condition and operations. According to the Complaint, Digitran improperly recognized revenue on several transactions, claiming that it had sold simulators to companies when, in fact, it had not. As a result, this conduct resulted in an overstatement of revenue recognized of between 46% to 93% for various periods. These overstatements of revenue were included in Digitran's filings with the Commission, including its quarterly and annual reports and a registration statement. The overstatements of revenue were also included in a number of press releases. The Complaint also alleges that Digitran and Donald G. Gallent and James R. Bryan failed to maintain sufficient internal accounting controls and misled Digitran's auditors in connection with an audit of Digitran's financial statements for the fiscal year ended April 30, 1992. The Commission's Complaint also names two additional defendants, Donald G. Gallent, the president of Digitran at the time the alleged conduct occurred, and James R. Bryan, Digitran's chief financial officer at the time the alleged conduct occurred. No resolution of the lawsuit has been reached as to these two individuals.