SECURITIES AND EXCHANGE COMMISSION WASHINGTON D.C. Litigation Release No. 14856 / March 29, 1996 SECURITIES AND EXCHANGE COMMISSION v. DONALD B. SPENCER AND IVT SYSTEMS, INC., Civ. Action No. 96 CIV-1800 (DHC) U.S.D.C., N.D.ILL. The Securities and Exchange Commission today charged the founder and president of a Chicago-based Illinois corporation and his company with violations of the antifraud provisions of the federal securities laws for falsely promising enormous returns on investments, as well as for making other material misrepresentations and omissions to investors, by means of the InterNet, and for misappropriating investors' funds. Named in the Complaint filed today in the United States District Court for the Northern District of Illinois is: Donald B. Spencer ("Spencer"), a resident of Chicago, Illinois. IVT Systems, Inc. ("IVT"), an Illinois corporation based in Chicago, Illinois. Spencer is the founder, president and majority shareholder of IVT. The Complaint alleges that Spencer and IVT have used the InterNet, as well as other means of communication and publication, to engage in fraudulent securities offerings involving IVT. Since at least July 1995, Spencer and IVT have solicited investments on the InterNet and represented that the investments would be utilized to finance the construction by IVT of a proposed ethanol plant in the Dominican Republic. The defendants' InterNet solicitations promised a potential 50% and greater return on investment when there was no reasonable basis for this prediction. Spencer and IVT also disseminated information packets to interested potential investors which contained additional misrepresentations and omissions, such as that IVT had entered into contracts with well-known companies and consultants in the energy field for purposes of facilitating IVT's ethanol plant project. In fact, no such contracts existed. Since 1990, Spencer and IVT have also sought to obtain investments from the public through other means, e.g., advertisements in newspapers and in person solicitations. All of the defendants' solicitation materials contained material misrepresentations and omissions. Spencer and IVT have raised at least $113,500 from twelve investors. The Complaint seeks to permanently enjoin Spencer and IVT from violating the antifraud provisions of the federal securities laws. In addition, the Complaint seeks disgorgement of all funds that were misappropriated by Spencer and IVT and ancillary relief in the form of civil penalties.