==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14984 / July 18, 1996 Securities and Exchange Commission v. Balance for Life, Inc., Richard K. Steele, Sr., Richard K. Steele, Jr., Peter C. Tosto, and Marcia Ann Coppertino, D. Colo. Civil No. 95-D-2471. The Securities and Exchange Commission announced that on July 1, 1996, Judge Wiley Y. Daniel of the United States District Court for the District of Colorado issued a Final Judgment of Permanent Injunction and Other Relief by consent against defendant Peter C. Tosto of New York, New York enjoining him from future violations of the securities registration provisions, the antifraud provisions and the broker-dealer registration provisions of the federal securities laws. Tosto consented to the Final Judgment without admitting or denying the allegations in the Commission's Amended Complaint, which was filed on October 17, 1995. The Final Judgement also orders Tosto to pay disgorgement and prejudgment interest in the amount of $56,791.99 and imposes a second tier civil penalty of $15,000. The Commission's Amended Complaint alleges that, among other things, from July 1991 through December 1992, Tosto and two other defendants sold shares of Balance for Life, Inc. common stock to at least 15 investors for proceeds of $328,000 while there was no registration statement in effect or filed with the Commission and without complying with any of the available exemptions from registration. The Amended Complaint alleges that Tosto and other defendants made material misrepresentations to prospective investors that Balance for Life, Inc. would soon publicly trade on Nasdaq, that Balance for Life, Inc. would earn $0.85 per share and $2.14 per share in 24 and 36 months, and claimed that the stock of Balance for Life would soon trade at $17 to $45 per share, all without reasonable basis because in fact Balance for Life did not have sufficient assets for listing on Nasdaq, had no operations and a net loss in 1990 of $177,000. The Amended Complaint also alleges that Tosto operated an unregistered broker-dealer and used cold-callers and lead lists to sell the securities of Balance for Life. Tosto was enjoined from violating Sections 5(a) and (c), and 17(a) of the Securities Act of 1933, and Sections 10(b) and 15(a)(1) of the Securities Exchange Act of 1934 and Rule 10b-5.