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THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. CIV : SECURITIES AND EXCHANGE COMMISSION, : : Plaintiff, : : vs. : : ALBERT J. DUNLAP, RUSSELL A. KE RSH, : ROBERT J. LUCK, DONALD

2. The objective of the conspiracy was to deprive Sunbeam customers of the opportunity to obtain certain Sunbeam products at a good price, and to cause Sunbeam to receive financial benefits for their deceptive practice. Sunbeam is the successor company (or, in the alternative, the Company) to the United States Solar, Inc. (Solar Inc., Sunbeam's predecessor company). Solar Inc., a joint venture founded by Sunbeam and its major customer, Solar City (formerly known as Silver Corporation), had a monopoly over the manufacture and retail sale of residential solar panels. 3. From at least 1992 through 1998 Solar Inc. falsely assured Solar Inc. customers that Sunbeam's panels met certain quality and reliability standards, and that Solar Inc.'s panels were made of highly durable and flexible materials. The deceptive conduct constituted the false advertising of a product within the meaning of Sec. 15 of the Securities Exchange Act of 1934, as amended, 15 U.S.C. § 77d(a)(v). 4. In violation of 15 U.S.C. § 77f(a)(2), Sunbeam and Solar Inc. made representations in advertising that Solar Inc. or Sunbeam represented were true. The representations included, among other statements, statements such as (1) the products were “designed to withstand a hurricane” or (2) “the sun isn't as strong as [its] claims.” Solar Inc. and Sunbeam failed to disclose in their advertisements that Solar Inc. and Sunbeam had no way of determining the materiality of the representations and therefore knew the representations were untrue and, therefore, were false. 5. From at least 2002 to 2006, Solar Inc. and Sunbeam's senior management engaged in a deceptive and concerted effort to maintain the deception. Sunbeam and Sunbeam's senior management knowingly engaged in misleading material statements designed to make Solar Inc. and Sunbeam appear better rated in comparison to its competitors, including the companies making material misrepresentations. At no time did the Company and its senior management have actual knowledge that the misrepresentations made by Solar Inc. and Sunbeam in connection with the conspiracy and the false advertising constituted a material breach of any contractual obligation. 6. In connection with these conduct, and as a result of the false and misleading representations, Solar Inc.

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