UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15828 / July 31, 1998 SECURITIES AND EXCHANGE COMMISSION v. Calvin Douglas Brace, et al., Civil Action No. 98-Z-1644 (D. Colo.) The Commission filed a complaint charging Calvin Douglas Brace (Brace), GAI Holdings, Ltd. (GAI Holdings), Howard Wesley Huether (Huether), and G2 Resources, Ltd. (G2 Resources) with operating between November 1995 and March 1997 a Ponzi scheme through which they falsely promised that investors' funds would be used to purchase nonexistent "prime bank" notes. The complaint alleges that Brace, a resident of Colorado, and GAI Holdings, a Bahamian corporation, raised $5.5 million from investors residing nationwide and in Canada, of which Huether, a resident of Alberta, Canada, and G2 Resources, a Canadian corporation, raised $1.3 million. The complaint alleges that Brace, Huether, GAI Holdings and G2 Resources made numerous materially false statements and omissions to investors concerning, among other things, the existence of prime bank instruments and related trading programs, investors' ability to achieve the rates of return of up to 30 percent a month, the lack of risk to investors, and the use of investor proceeds. According to the complaint, Brace and Huether used new investor proceeds to pay previous investors as part of a Ponzi scheme, and diverted approximately $858,000 and $208,000 to their respective personal uses. The complaint, filed in the U.S. District Court for the District of Colorado, seeks to permanently enjoin Brace, Huether, GAI Holdings and G2 Resources, from further violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"") and Rule 10b-5 thereunder. Additionally, the complaint seeks to enjoin Huether and G2 Resources from violating Section 15(a) of the Exchange Act because they did not register as broker-dealers before soliciting investors. The complaint also seeks disgorgement, prejudgment interest, and civil penalties in regard to all defendants. The Commission thanks the Arizona Securities Commission for its assistance in this matter.