SECURITIES AND EXCHANGE COMMISSION Washington, D.C. S.E.C. v. Francis Tribble and Sloane Fitzgerald Civil Action No. 98-8699 (RVX ) (C.D. Cal. October 27, 1998). Litigation Release No. 15959/ October 27, 1998 SEC Fines Internet Stock Promoter Responsible for Massive Spam Campaign The Securities and Exchange Commission filed a civil action in federal district court against Francis A. Tribble, a stock promoter, and Sloane Fitzgerald, Inc., a public relations firm which Tribble owns, alleging that Tribble and Sloane Fitzgerald touted two microcap stocks over the Internet without disclosing contractual arrangements with the issuers of those stocks to pay stock and cash compensation for those promotional efforts. The Complaint alleges that Tribble, through Sloane Fitzgerald, entered into contractual agreements with Eventemp Corporation and JT's Restaurants, Inc. to promote their companies and securities over the Internet and elsewhere for stock and cash compensation. According to the complaint, between November 1997 and August 1998, Tribble disseminated several million Internet e-mails, known as "spams;" designed and maintained several Internet websites; and distributed an online investment newsletter, each of which recommended investment in Eventemp or JT's Restaurants common stock, without making legally sufficient disclosure of Tribble's compensation arrangements with those issuers. Without admitting or denying the allegations in the complaint, Tribble and Sloane Fitzgerald have consented to be enjoined from violating Section 17(b) of the Securities Act of 1933, and Tribble has consented to pay a civil penalty of $15,000. The Complaint alleges that Tribble sent out millions of spams to Internet users touting the potential earning power of Eventemp and JT's Restaurants stock. Many of the spams purported to be from independent stock promoters such as "HotStock," "Net-Vest," and "Cyber-Stock," which were actually only names Tribble invented. Tribble's spams also referred readers to a variety of Internet websites which he built, containing additional information about the companies he was touting and recommendations to buy their stock. Finally, in August 1998, Tribble wrote an online investment newsletter touting JT's Restaurants and distributed it over the Internet to 200 subscribers whom he had solicited through previous Internet e-mails and websites. In conducting this Internet promotional campaign, the Complaint alleges, Tribble failed fully to disclose that he had a vested interest in an increase in the price of the stocks he was touting, or that he would be compensated by the companies he was touting in cash or securities of those companies. Tribble's activities violated Section 17(b) of the Securities Act of 1933, which makes it unlawful for any person to recommend stock for consideration, whether past or prospective, without disclosing the fact, nature, and amount of that consideration. Investors are advised to read the SEC's "Cyberspace" Alert before purchasing any investment promoted on the Internet. The free publication, which alerts investors to the telltale signs of online investment fraud, is available on the Investor Assistance and Complaints link of the SEC's Home page on the World Wide Web . It can also be obtained by calling 800-SEC-0330." Investors are encouraged to report suspicious Internet offerings (or other suspicious offerings) via e-mail to . A user-friendly form to assist you in making a report is available at the Enforcement Complaint Center, Mail Stop 8- 4, 450 Fifth Street, Washington, D.C. 20549."