==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15113 / October 8, 1996 SECURITIES AND EXCHANGE COMMISSION v. ROBERT F. DOVIAK, II, et al. 3:93-CV-0444, USDC/ND TX [Dallas Division] The Securities and Exchange Commission announced that on October 3, 1996, an Agreed Final Judgment was entered against Robert F. Doviak, II, ("Doviak") requiring Doviak to disgorge $844,000, plus prejudgment interest, which represents the total disgorgement amount less the net value of assets Doviak previously turned over to the Special Master appointed by the Court. However, payment of the disgorgement amount, and prejudgment interest, was waived based on Doviak's demonstrated inability to pay. Additionally, no civil money penalty was imposed based on his poor financial condition. On September 15, 1993, Doviak consented to the entry of a permanent injunction which enjoined him from future violations of Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rule 10b-5 thereunder. Doviak was also enjoined from aiding and abetting violations of Sections 15(c) and 17(a) of the Exchange Act and Rules 15c3-1, 17a-3, 17a-5, 17a-11(a)-1 and 17a-11(c) thereunder. Doviak consented to the entry of the injunction without admitting or denying the allegations in the Commission's complaint that he raised over $4 million in sales of limited partnership interests, and diverted over $1 million either to himself or to fund the broker-dealer he controlled. The complaint also alleged that the broker-dealer, aided and abetted by Doviak, failed to maintain the minimum required net capital on four separate occasions and committed numerous violations of the book and record keeping, and notice provisions of the Exchange Act. Doviak is currently serving 27 months in federal prison for the same activities alleged in the Commission's civil action.