FOR IMMEDIATE RELEASE 99-138 In First Case of Its Kind, Commission Sues Three Individuals for Illegally Offering Securities Over Internet Auction Site Washington, DC, October 20, 1999 -- The Commission today brought and settled securities charges against three people who illegally offered to sell securities on the Internet auction site run by eBay, Inc. ("eBay"). The Commission issued cease-and- desist orders against the three individuals. This is the first case in which the Commission brought charges based on sales of securities over an Internet auction site. The Commission found that in auctions on eBay: * Richard L. Davis, of Duncanville, Texas, illegally misrepresented the prospects that a company he founded would go public and offered to sell unregistered stock. * J.R. Hoff, of Hudson, Wisconsin, illegally offered to sell unregistered stock in an unincorporated company he owns. * Louis P. Sitaras, of Jupiter, Florida, illegally offered to sell restricted securities, meaning securities that could not be sold publicly. The Commission approved settlements with each of the three respondents simultaneously with the institution of the actions. The Commission ordered each respondent to cease-and-desist from violating the relevant provisions of the securities laws. The respondents neither admitted nor denied the claims against them. eBay was not accused of any wrongdoing. Helane L. Morrison, District Administrator for the Commission's San Francisco District Office said, "The securities laws ensure that investors have access to reliable, accurate information about a security prior to making an investment decision. These laws apply in cyberspace, just as they do elsewhere." 1. Richard L. Davis -- In May 1999, Davis posted an offer on eBay to sell a 5% interest in Mindhunt.com, a company he founded, for $250,000. In his offer, Davis claimed that he had "purchased a public shell [company]" and that Mindhunt.com would be a public company "within 4 to 5 months." The Commission found that at the time of his offer, Davis had not incorporated Mindhunt.com, had not purchased a public shell company, and had no reasonable basis for the claim that Mindhunt.com would be public within 4 to 5 months. Moreover, Davis illegally offered to sell unregistered stock. No one bid in response to Davis' offer. 2. J.R. Hoff -- In April 1999, Hoff posted an offer on eBay to sell 1,000 shares in AmeriGa.net, a company Hoff co-owns. Hoff illegally offered to sell unregistered stock and, in fact, at the time of his offer, AmeriGa.net had not even been incorporated. Several people bid on the shares, but no sale was consummated before eBay nullified the auction in response to a contact by the Commission staff. 3. Louis P. Sitaras -- In May 1999, Sitaras posted an offer on eBay to sell 2,000 shares of Metropolitan Health Networks, Inc. ("MHN"), a health care services company. Although MHN stock trades on the OTC Bulletin Board, the shares Sitaras offered to sell were restricted and could not be offered for sale publicly until September 1999. In response to Sitaras' posting, several people placed bids, but Sitaras determined not to proceed with the auction after the Commission staff contacted him. The Commission found that Sitaras had illegally offered unregistered securities for sale. The Commission found that Davis engaged in securities fraud, in violation of Sections 17(a)(1) and 17(a)(3) of the Securities Act of 1933 ("Securities Act"), and sold unregistered securities, in violation of Section 5 of the Securities Act. The Commission found that Hoff and Sitaras also violated Section 5 of the Securities Act. Section 5 requires, among other things, that stock issued to the public be registered with the Commission, unless an exemption from registration applies. For more information contact: Helane L. Morrison District Administrator, San Francisco District Office (415) 705-2450 Robert L. Mitchell Branch Chief, San Francisco District Office (415) 705-2351 # # #