United States Securities and Exchange Commission Litigation Release No. 15936 / October 15, 1998 SEC v. TAN Books and Publishers, Inc. and Thomas A. Nelson, N.D. Ill., Case Number 98 C 5918, filed September 22, 1998 The Commission announced the entry of Orders and Final Judgments of Permanent Injunction and Other Equitable Relief (Orders) against TAN Books and Publishers, Inc. (TAN), and Thomas A. Nelson (Nelson), President of TAN. The Orders, entered on October 2, 1998 by the United States District Court for the Northern District of Illinois, permanently enjoin TAN and Nelson from future violations of the registration and antifraud provisions of the federal securities laws and impose a $15,000 civil penalty against Nelson. TAN and Nelson consented to the entry of the Orders without admitting or denying the allegations made in the Commission's Complaint, which was filed on September 22, 1998. The Orders enjoin TAN and Nelson 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 thereunder. In its Complaint, the Commission alleged that, from 1993 through 1996, TAN raised more than $10 million by selling unregistered promissory notes to more than 1000 investors nationwide through the TAN Loan Program. The Commission alleged that Nelson and TAN misrepresented the safety and liquidity of an investment in the Loan Program, as well as the use of Loan Program proceeds, in offering materials sent to Loan Program investors. In particular, TAN and Nelson claimed that TAN could repay an investment in the Loan Program on short notice when, in fact, it could not do so at all and that the value of TAN's inventory exceeded what it owed to Loan Program participants when, in fact, the value of the inventory was only a fraction of what was owed under the Loan Program. The Commission also alleged that TAN and Nelson told Loan Program participants that a portion of the loan proceeds would be used by TAN to purchase a new headquarters building when those proceeds actually were given to Nelson himself to buy the building and rent the building to TAN. TAN, headquartered in Rockford, Illinois, filed for Chapter 11 bankruptcy in December 1996 and now operates under a plan of reorganization.