UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES ACT OF 1933 Release No. 7604 / October 27, 1998 ADMINISTRATIVE PROCEEDING File No. 3-9771 ) In the Matter of ) ORDER INSTITUTING PUBLIC ) CEASE-AND-DESIST ) PROCEEDINGS PURSUANT TO IBJ Publications, Inc., ) SECTION 8A OF THE Respondent. ) SECURITIES ACT OF 1933, ) MAKING FINDINGS AND ) ORDERING RESPONDENT TO CEASE AND DESIST I. The Commission deems it appropriate and in the public interest to institute cease-and-desist proceedings pursuant to Section 8A of the Securities Act of 1933 ("Securities Act") against IBJ Publications, Inc. ("IBJ Publications"). In anticipation of these proceedings, IBJ Publications has submitted an Offer of Settlement ("Offer") which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the findings contained in this Order Instituting Public Cease-and-Desist Proceeding pursuant to Section 8A of the Securities Act, Making Findings and Ordering Respondent to Cease and Desist ("Order"), except as to the Commission's jurisdiction over IBJ Publications and the matters set forth in this Order, which is admitted, IBJ Publications consents to the entry of this Order. II. Accordingly, IT IS HEREBY ORDERED THAT public cease- and-desist proceedings pursuant to Section 8A of the Securities Act be, and hereby, are, instituted. III. On the basis of this Order and the Offer submitted by IBJ Publications, the Commission finds that: Respondent IBJ Publications, which is incorporated in the state of Florida, publishes an on-line and hard copy newsletter, the IBJ Observer, which has its Internet registration and offices in Clearwater, Florida. Summary A. The IBJ Observer promotes BioGenetic Technologies, Inc., ("BioGenetic") which trades on the Toronto Stock Exchange-Canadian Dealers Network. The IBJ Observer has published a variety of articles and press releases concerning BioGenetic. B In approximately March 1998, IBJ Publications and BioGenetic entered into a written contract in which IBJ Publications agreed to feature stories about BioGenetic in the newsletter for two years in exchange for 150,000 shares of BioGenetic stock. C IBJ Publications failed to specifically disclose in the IBJ Observer the compensation that was or is to be paid by BioGenetic and what amount was received. Violations D. IBJ Publications has violated Section 17(b) of the Securities Act by promoting BioGenetic in return for 150,000 shares of BioGenetic stock without properly disclosing the specific compensation that was received. IV. Accordingly, IT IS ORDERED, pursuant to Section 8A of the Securities Act, that IBJ Publications cease and desist from committing or causing any violations, and any future violations, of Section 17(b) of the Securities Act. By the Commission. Jonathan G. Katz, Secretary