SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15694 / April 3, 1998 S.E.C. v. Investors Dynamics Corporation and Steven L. Down (USDC UT, Docket No. 2:96CV 0220S) On March 26, 1998, the Honorable David Sam, U.S District Judge for the District of Utah, issued final judgments of permanent injunction against Investors Dynamics Corporation (IDC) and Steven L. Down (Down). The defendants, who consented to the orders without admitting or denying the Commission's allegations, were enjoined from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder. The court waived disgorgement and determined not to impose civil penalties based on the demonstrated inability of the defendants to pay. The Commission's complaint alleged that IDC and Down operated a multilevel marketing pyramid scheme by offering and selling independent consultant memberships in IDC in an unregistered distribution. The complaint also alleged that IDC and Down made fraudulent misrepresentations, and omitted to state material facts, to potential and current investors regarding the purchase of a membership in IDC. The alleged misrepresentations involved the potential profit to be expected from an IDC membership and the omission to disclose the risk of market saturation inherent in IDC's pyramid scheme. At the time the complaint was filed the Commission alleged that IDC was signing up approximately 100 new members each day and had raised more than $1 million from the sale of independent consultant memberships.