Current Report — Form 8-K
Filing Table of Contents
Document/Exhibit Description Pages Size
1: 8-K Current Report 9± 46K
2: EX-99.1 Miscellaneous Exhibit 9± 36K
3: EX-99.2 Miscellaneous Exhibit 4± 18K
4: EX-99.3 Miscellaneous Exhibit 5± 18K
5: EX-99.4 Miscellaneous Exhibit 4± 18K
6: EX-99.5 Miscellaneous Exhibit 16± 79K
7: EX-99.6 Miscellaneous Exhibit 10 52K
8: EX-99.7 Miscellaneous Exhibit 2± 12K
EX-99.4 — Miscellaneous Exhibit
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
SECURITIES AND EXCHANGE )
COMMISSION, )
)
Plaintiff )
) CIVIL ACTION FILE NO:
v. ) 1-98-CV-0803
INTERNATIONAL HERITAGE, )
INC., STANLEY H. VAN ETTEN, )
CLAUDE W. SAVAGE, LARRY G. )
SMITH AND INTERNATIONAL )
HERITAGE, INCORPORATED, )
a Nevada Corp., )
)
Defendants.
ORDER
Upon the oral motion of the Defendants International Heritage, Inc. and/or
International Heritage, Incorporated (collectively "IHI") seeking relief and
clarification of the Order to Show Cause, Temporary Restraining Order, Order
Freezing Assets, Order Prohibiting Destruction of Documents, and Order
Expediting Discovery entered on March 16, 1998, as well as the Order
Appointing A Receiver for Defendant International Heritage, Inc., also entered
on March 16, 1998, and following a hearing on March 17, 1998, and a telephone
conference with counsel for IHI, the Securities and Exchange Commission and
the Receiver and his counsel on March 18, 1998, the Court, with agreement of
the participating parties, hereby ORDERS, until further order of the Court,
that the Receiver shall permit IHI:
(1) To accept new product sales orders (other than orders in
connection with obtaining new Independent Retail Sales
Representatives ["New IRSRs"] or new Retail Business Centers ["New
RBCs"]), including but not limited to sales of long distance
telephone services, from IRSRs who were authorized to sell IHI
products as of March 16, 1998 ("Existing IRSRs"); provided,
however, IHI shall not deposit payments, process credit card
authorizations or ship any product merchandise except with respect
to IHI's company-branded line of nutritional and skin care
products, and IHI shall be authorized to complete and ship
outstanding and paid orders for IHI's company-branded line of
nutritional and skin care products to its Existing IRSRs and other
customers. It is further provided that subject to the limited
exception set forth in subparagraph (2) hereof, and in strict
compliance with the terms thereof, under no circumstances, pending
further order of this Court, shall IHI or anyone on behalf of IHI
solicit any person to become a New IRSR or to obtain or purchase
any New RBC or any similar income opportunity interest from IHI
through purchases of IHI products or otherwise. In offering IHI
products for sale, neither IHI nor any agent or representative
thereof shall use any written sales material or make any verbal
representation which describes or discusses any New RBC or similar
new income opportunity interest offered by IHI, whether
as a New IRSR or otherwise;
(2) to sponsor training meetings for Existing IRSRs as shown on the
attached Exhibit "A" hereto; provided, however, that only Existing
IRSRs shall be permitted to attend such training meetings and IH1
may not conduct, sponsor or participate in any meetings or other
gatherings for the express or implied purpose of recruiting New
IRSRs. It is recognized by the Court on the representation of
counsel for IHI that one purpose of the training meetings is to
advise and educate those Existing IRSRs in attendance regarding
the new commission/compensation plan recently put in place by IHI,
and that a presentation on and of that plan necessarily involves
compensation related to the sales efforts and results of possible
"down line" New IRSRs that may be recruited by such Existing IRSRs
in attendance. Reference in explaining the new compensation plan
to the possible recruitment by an Existing DISR of one or more
possible New IRSRs ("down line" New IRSRs) in the future is
expressly approved. Provided, however, that all such training
meetings shall begin and conclude with the reading by IHI of an
express disclaimer prepared by the Receiver and approved in
advance by the Court stating that the purpose of the meeting is
limited to educating those Existing IRSRs in attendance on IHI
product lines and the commission/compensation structure applicable
for selling IHI product, and that the presentation and discussion
of the new IHI commission/compensation plan involving possible
future "down line" New IRSRs during the meeting expressly is not a
request or solicitation for the recruitment of New IRSRs and that
IHI is prohibited by order of this Court from accepting, and until
further order of this Court will not accept, applications for New
IRSRs or any such similar persons or positions. No recruitment or
solicitation shall take place at any such training meeting;
(3) to communicate with its Existing IRSRs by telephone, facsimile, or
other written means and/or through IHI's various voicemail systems
that no New IRSR applications will be solicited by them or
processed by IHI; and
(4) to conduct business pursuant to the sole direction of the
Receiver.
The Receiver is authorized and directed to make payments of unpaid wages
to IHI employees for work previously performed for and on behalf of IHI as is
appropriate in his sole discretion, within guidelines verbally conveyed to the
Receiver by the Court on March 17, 1998.
Unless and until further order by the Court, individual Defendants Van
Etten, Savage and Smith are hereby enjoined and prohibited from any
involvement whatsoever in the operations of IHI, including but not limited to
the training meetings referred to in subparagraph (2) hereof, and are not to
enter the premises of IHI at any of its locations.
Except as modified herein, all other terms and conditions of prior orders
entered by the Court in this matter shall remain in place, full force and
effect.
IT IS SO ORDERED this 19th day of March, 1998.
/s/
UNITED STATES DISTRICT JUDGE
Exhibit "A"
International Heritage Incorporated [letterhead]
Upcoming Area Events
March 21, 1998 Edison, New Jersey
Trainer: Jeff Hooks
Crown Plaza Hotel 125 Raritan Center Parkway Edison, NJ
(732) 225-8300
Hosts: Jeff & Bert Bueno, (732) 828-3073
Stephanie Field & Davit Mack, (973) 762-5409
Houston, Texas
Trainer: Steve Gagnier
South Shore Harbor Resort 2500 South Shore Blvd League
City, TX (281) 334-1000
Hosts: Mark & Kim Ledger, (281) 996-9168
Boca Raton, Florida
Trainer: Gary Raser
Hilton Hotel 100 Fairway Drive (Just East of 1-95 &
Hillsboro Blvd)
Deerfield Beach, FL (954) 427-7700
Host: Marty Stern, (561) 997-6211
Medicine Hat, Alberta
Trainer: Johnny Daniell
German Harmony Hall First Street, SE Redcliff, AL
Host: Jay Lundy, (403) 528-4165
Albuquerque, New Mexico
Trainer: Keith Yarbrough
Albuquerque Marriott 2101 Louisiana Blvd., NE (505) 881-6800
Host: Robert Gibson, (505) 797-4572
Spokane, Washington
Trainer: Derek Stryker
Doubletree Hotel N. 1100 Sullivan Rd. Spokane, WA
(509) 924-9000
Host: Greg Tiegs, (509) 586-2283
Garden City, Kansas
Trainer: Theresa Goetz
Wheatlands Convention Center 1408 E Fulton Garden City, KS
(716) 276-2387
Host: Dianne Farr, (316) 277-2479
Vancouver, British Columbia
Trainers: Richard Larkin, Kerry Brown
Delta Pacific Resort & Conference Centre Grand Pacific
Ballroom 10251 St. Edwards Dr.
Richmond, B.C (604) 278-9611
Hosts: Dave & Trish Martin, (604) 572-8949
Greg Bright, (604) 535-9397
Litchfield Beach, South Carolina
Trainer: Richard Hamilton
Litchfield Beach & Golf Resort Hwy 17 Pawley's Island, SC
(800) 845-1897
Hosts: Nina & Marty Runion, (803) 527-2727
Detroit, Michigan
Trainer: Pat Hutton
Sterling Inn 34911 Van Dyke Ave. Sterling Heights, Ml
(910) 979-1400
Hosts: Janice & Skip Pelletier, (810) 566-4922
Orlando, Florida
Trainer: Ken Rudd
Maitland Civic Center 641 S. Maitland Ave. Maitland, FL
(407) 647-2111
Hosts: Rich & Rita Masi, (407) 876-0770
Corpus Christi, Texas
Trainer: John Brothers
Bay Front Plaza Convention Ctr. 1901 Northshore Line Blvd
(512) 883-8543
Hosts: Ron & Barbara Young, (512) 853-1989
Dates Referenced Herein and Documents Incorporated by Reference
This ‘8-K’ Filing | | Date | | Other Filings |
---|
| | |
Filed on: | | 4/10/98 |
| | 3/21/98 |
| | 3/18/98 |
| | 3/17/98 |
| | 3/16/98 | | 8-K/A |
For Period End: | | 3/6/98 | | 8-K |
| List all Filings |
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