==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION WASHINGTON D.C. Litigation Release No. 15042 / September 12, 1996 SECURITIES AND EXCHANGE COMMISSION v. DONALD B. SPENCER AND IVT SYSTEMS, INC., 96 Civ. 1800 (DHC), U.S.D.C., N.D.ILL. The Securities and Exchange Commission announced that the Honorable Judge David H. Coar, United States Judge for the Northern District of Illinois, entered, on April 17, 1996, Final Judgments of Permanent Injunction and other Equitable Relief By Consent against defendants Donald B. Spencer ("Spencer") and IVT Systems, Inc. ("IVT"). The Final Judgments enjoin Spencer and IVT from future violations of the antifraud provisions of the federal securities laws, and order disgorgement in the amount of $113,500, plus interest, but waive the payment of the disgorgement amount and do not impose civil penalties based on the demonstrated inability of Spencer and IVT to pay. The defendants consented to the entry of the Final Judgments without admitting or denying the allegations of the Commission's complaint. The Complaint alleges that Spencer and IVT used the InterNet, as well as other means of communication and publication, to engage in fraudulent securities offerings involving IVT. Spencer is a resident of Chicago, Illinois. IVT is an Illinois corporation based in Chicago, Illinois. Spencer is the founder, president and majority shareholder of IVT. Since at least July 1995 through December 1995, Spencer and IVT 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 had 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 raised at least $113,500 from twelve investors. For further information, see Lit. Rel. No. 14856.