UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 17112 / August 31, 2001
SECURITIES AND EXCHANGE COMMISSION v. LEE E. GAHR AND CHILL TECH
INDUSTRIES, INC., Civ. No. CV-S-00-1088-KJD-RJJ (USDC Nevada)
The Commission announced today that on August 21, 2001 the United
States District Court for the District of Nevada entered default
judgment against Lee E. Gahr, a Vancouver, British Columbia resident
and former chief operating officer of Chill Tech Industries, Inc.
("Chill Tech"), a Nevada corporation, finding the defendant had
violated the anti-fraud provisions of the federal securities laws by
issuing false and misleading press releases between September 1998 and
May 2000 and by selling the securities of Chill Tech without filing a
registration with the Commission. The Court entered a permanent
injunction against Gahr, ordered the defendant to pay a civil penalty
of $246,409, and further ordered the defendant to disgorge $246,409 of
profits from his fraudulent activities.
The Commission filed a civil injunctive case on September 5, 2000
alleging that between September 1998 and May 2000, Chill Tech and Gahr
made numerous false and misleading statements through the company's
Internet website (www.chilltech.com), various press releases, phony
unsolicited faxes, and a magazine article. According to the complaint,
these statements concerned (1) the "environmentally friendly" nature
of, purported testing, and Chill Tech's ability to manufacture, the
"Arctic Can," purportedly a self-cooling beverage can; (2) supposed
sales presentations of the Arctic Can to various well-known companies
and governmental entities and related revenue and earnings
projections; (3) financial and stock projections, and predictions of
future listing of Chill Tech's common stock on the Nasdaq Stock
Market, Inc. ("Nasdaq"); and (4) Chill Tech's receipt of financing
commitments and agreements to acquire substantial assets. The
complaint alleged that this information was false and misleading
because the Arctic Can contained Freon, an environmentally banned
substance; Chill Tech neither tested nor had the ability to
manufacture the Arctic Can; and the company's sales "presentations" at
best consisted of unsolicited correspondence. The complaint further
alleged that the financial projections lacked a reasonable basis
because, among other reasons, they were predicated on fictitious
business relations and undermined by Chill Tech's developmental stage
status, lack of a viable product, and lack of significant assets or
revenues. Further, according to the complaint Gahr sold his personal
holdings of the Chill Tech common stocks into the resulting inflated
market for profits of $246,409. This action was part of the fourth
nationwide Internet fraud sweep conducted by the Commission since
October 1998.
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION v. LEE E. GAHR AND CHILL TECH INDUSTRIES, INC., Civ.
No. CV-S-00-1088-KJD-RJJ (USDC Nevada)
The Court entered a permanent injunction against Gahr, ordered the defendant to pay a civil
According to the complaint, these statements concerned the "environmentally friendly" nature
c.; and Chill Tech's receipt of financing commitments and agreements to acquire substantial assets.
The complaint alleged that this information was false and misleading because the Arctic Can
The complaint further alleged that the financial projections lacked a reasonable basis
Further, according to the complaint Gahr sold his personal holdings of the Chill Tech common
This action was part of the fourth nationwide Internet fraud sweep conducted by the
The Court found in the final judgment that Gahr violated the anti-fraud provisions of Section
In the same case, the Court previously entered a permanent injunction on December 27, 2000
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