-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14782 / January 16, 1996 SECURITIES AND EXCHANGE COMMISSION v. DOUGLAS R. DAMON ET AL., (United States District Court for the Northern District of Illinois, Civil Action No. 95 C 7569, filed December 22, 1995) The Securities and Exchange Commission (Commission) today announced the filing of a Complaint on December 22, 1995, in the United States District Court for the Northern District of Illinois, in Chicago, seeking an order of permanent injunction, disgorgement and civil penalties against Douglas R. Damon (Damon), Robert M. Davis (Davis) and Kenneth C. Kolovitz (Kolovitz). The Complaint alleges that Damon, Davis and Kolovitz made misrepresentations and omissions to investors in order to sell $6.6 million worth of unregistered securities in the form of promissory notes, in violation of the Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Sections 10(b), 15(a)(1) and 15(c)(1) of the Securities Exchange Act of 1934 and Rules 10b-5 and 15c1-2 thereunder. The Complaint alleges, among other things, that from 1989 through October 1990, Union Credit Corporation (UCC) issued the promissory notes, which Damon, who controlled UCC, and Davis and Kolovitz, who acted as salesmen for UCC, sold to investors. The notes were not registered as securities with the Commission. The Complaint further alleges that Damon, Davis and Kolovitz made numerous misrepresentations and omissions to investors in the sale of these notes, including that UCC would use investor funds to purchase business machines, UCC would lease those machines to various businesses, and investors would receive a return of their principal and between 24% and 31% interest on that principal amount, which was to be derived from the proceeds of the business machine leases. In fact, the Complaint alleges, Damon operated a ponzi scheme, and did not purchase business machines with investor monies. Rather, it alleges that he used investor funds to pay other investors, and for his personal purposes.