-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14764 / December 21, 1995 SEC v. F. N. WOLF & CO., INC. ET AL.. (S.D.N.Y. 93 Civ 0379 (LLS), FILED JANUARY 21, 1993) The Securities and Exchange Commission announced that on December 12, 1995, Judge Louis L. Stanton of the United States District Court for the Southern District of New York issued a Final Judgment and Order of Permanent Injunction and Other Equitable Relief (Order) Against Defendant Hibbard Brown & Co., Inc. ("Hibbard"). Hibbard consented, without admitting or denying any of the allegations in the Commission's Complaint, to the entry of an injunction against it. In its Complaint, which was filed on January 21, 1993, the Commission alleged that Hibbard used high pressure, "boiler room", sales techniques combined with numerous material misrepresentations and omissions in connection with the offer, purchase and sale of the securities of Treats International Enterprises, Inc. ("Treats") in violation of the antifraud provisions of the federal securities laws. Specifically, the Commission alleged that Hibbard violated Section 17(a) of the Securities Act of 1933 ("Securities Act"), Sections 10(b) and 15(c)(1) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5 and 15c1-2 promulgated thereunder. Hibbard was ordered to disgorge $916,437, which was fraudulently obtained from clients. Hibbard filed for relief under Chapter 11 of the Bankruptcy Code on October 14, 1994. No attempt will be made by the Commission to enforce Hibbard's obligation except in accordance with the applicable provisions of the Bankruptcy Code and Bankruptcy Rules. In the Complaint, the Commission alleged that Hibbard registered representatives misrepresented Treats' financial condition, its plans to expand and its stock's price history. Hibbard registered representatives also improperly compared the potential appreciation of Treats' securities to other successful franchises. The Complaint further alleged that Hibbard registered representatives omitted to disclose that Robert Brennan, and related entities, owned a material amount of Treats' securities.