SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE No. 15948 / October 27, 1998 SECURITIES AND EXCHANGE COMMISSION v. DARIN SPENCER RUEBEL, United States District Court for the Northern District of Texas, Civil Action No. 3-98CV2536D (N.D. Tx.) The Securities and Exchange Commission ("Commission") today announced the filing of a complaint in the U.S. District Court for the Northern District of Texas seeking a permanent injunction and civil penalty against Darin Spencer Ruebel ("Ruebel") for violations of the anti-touting provision of the Securities Act of 1933. Ruebel authored and published several investment newsletters, including an investment newsletter named The Equity Journal which was published on the Internet. The complaint alleges that Ruebel violated Section 17(b) of the Securities Act of 1933 by publishing and circulating at least three newsletters touting the stock of an issuer without disclosing that he anticipated and received compensation from this issuer. Beginning in or around July 1997, Ruebel was negotiating with this issuer to provide consulting services for eighteen months in exchange for compensation of $2,500 per month. One element of the services to be provided by Ruebel was to heighten public awareness of the existence and merits of this issuer. The complaint further alleges that after Ruebel began negotiating with this issuer, he touted the stock of this issuer in an untitled newsletter without any disclosure that he anticipated receiving compensation from this issuer. After Ruebel entered into a written agreement with this issuer and this issuer began compensating Ruebel on a monthly basis, Ruebel touted the stock of this issuer in two separate issues of The Equity Journal without disclosing that he had received compensation and anticipated additional compensation from this issuer. The Equity Journal contained only a general disclaimer that The Equity Journal and/or its affiliates "may receive compensation" from some of the profiled companies. Without admitting or denying the allegations of the complaint, Ruebel consented to the entry of a permanent injunction prohibiting him from committing violations of Section 17(b) of the Securities Act of 1933. He also agreed to pay a civil penalty of $5,000.