U.S. Securities and Exchange Commission Litigation Release No. 15891 \September 21, 1998 SECURITIES AND EXCHANGE COMMISSION v. INNOVATIVE CONSULTING SERVICES, INC. ET AL., Civil Action No. 98-1548 (W.D. Pa.) The Securities and Exchange Commission ("Commission") announced today that, on September 18, 1998, it filed a complaint in the United States District Court for the Western District of Pennsylvania, against Innovative Consulting Services, Inc. ("ICS"), a registered broker- dealer, and its principal, Richard W. McHenry ("McHenry"). The complaint alleges that the defendants violated Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act"), Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder. The complaint further alleges that ICS also violated Section 15(c) of the Exchange Act and Rule 15c1-2 thereunder. Based on those violations, the Commission seeks permanent injunctions, disgorgement, prejudgment interest and civil penalties against each of the defendants. In its complaint, the Commission alleges that, from 1993 through 1996, McHenry, acting through ICS, engaged in a scheme in which he fraudulently raised more than $16 million from hundreds of investors, many of whom were elderly and retired. The complaint charges that, as part of the scheme, McHenry induced investors to purchase limited partnership interests by making false and misleading statements concerning the degree of risk associated with those investments and the intended use of investor proceeds. Specifically, the complaint alleges that McHenry misled investors by promising them a 13% annual return on their investment while failing to disclose that most of the businesses in which their funds would be invested were in poor financial condition and were unable to pay investors either the principal or interest owed them. The complaint further alleges that McHenry, without notifying investors, often used funds raised from new investors to pay existing investors their promised 13% return. The complaint also charges that McHenry misappropriated at least $237,258 of investor funds for his personal use and that ICS received approximately $480,000 in underwriting fees for the offerings. Without admitting or denying the allegations in the complaint, the defendants have consented to the entry of an order permanently enjoining them from violating the cited provisions; ordering McHenry to disgorge $237,258 plus prejudgment interest and ICS to disgorge $480,000 plus prejudgment interest; and waiving the payment of disgorgement and prejudgment interest, and not imposing civil penalties, based on the defendants' demonstrated inability to pay.