UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release 15500 / September 18, 1997 SECURITIES AND EXCHANGE COMMISSION V. CLUB ATLANTA TRAVEL, INC., DAVID L. STRAUB, FRANK GARNER, and FRED GARNER, Civil Action File No. 1:97-CV-2774- RCF (N.D. Ga.) The Securities and Exchange Commission announced that a complaint was filed by the Commission on September 18, 1997, in the United States District Court for the Northern District of Georgia, against Club Atlanta Travel, Inc. ("CAT"), a Georgia corporation; David L. Straub ("Straub"), CAT's founder, president, chief executive officer and chairman; Frank Garner, CAT's vice president and director; and Fred Garner, CAT's secretary and director. The Commission's complaint alleges that, from at least November 1995, the defendants raised over $32,000,000 from approximately 24,000 investors across the United States and Canada by selling unregistered securities in the form of investment contracts using an instrument called a "CAT Pass." CAT paid out as commissions approximately $28,000,000, including commissions paid to the defendants. CAT, Straub, and the Garners sold the securities to investors through false and misleading representations and omissions of material facts concerning, among other things: (a) the expected return on investment, (b) the financial stability and wherewithal of CAT, (c) the escrowing of investors' funds, (d) challenges to CAT by various states' Attorney General offices, and (e) Straub's background. The complaint seeks permanent injunctions enjoining CAT, Straub, and the Garners from further violations of Section 5(a), Section 5(c), and Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Commission further seeks disgorgement of all ill-gotten gains received by each defendant along with prejudgment interest; the imposition of civil penalties against Straub and the Garners; and sworn accountings of all funds received by the defendants from the sales of CAT securities. Without admitting or denying the allegations made against them in the Commission's complaint, CAT, Straub, Frank Garner and Fred Garner have each consented to final judgments, entered on September 18, 1997, which permanently enjoin them from violating Section 5(a), 5(c) and 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act and Rule 10b-5. The defendants are further ordered to pay disgorgement with prejudgment interest and civil penalties (as to Straub and the Garners) in amounts to be determined at a later date. The final judgment against CAT also orders: (a) an accounting of, inter alia, all funds received by CAT since November 1, 1995, and (b) the appointment of a Receiver for CAT. ======END OF PAGE 1======