==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15102 / October 1, 1996 Accounting and Auditing Enforcement Release No. 840 / October 1, 1996 Securities and Exchange Commission v. The AppleTree Companies, Inc., f/k/a Modami Services, Inc., Michael H. Salit, David B. Lobel, Paul B. Kravitz, and W. Scott Long III, No. 96-8675-CIV- RYSKAMP (S.D. Fla.) The Commission announced that on September 30, 1996, it filed a civil injunctive action in the United States District Court for the Southern District of Florida against The AppleTree Companies, Inc. ("AppleTree"), Michael H. Salit, David B. Lobel, and Paul B. Kravitz, former officers and directors of AppleTree, and W. Scott Long III, the former president of the now-defunct underwriter of AppleTree's August 1992 registered offering. AppleTree, formerly known as Modami Services, Inc., until recently was located in Boca Raton, Florida. The Commission charged the individual defendants with making material misrepresentations and omissions in connection with AppleTree's 1992 offering. Salit, Lobel and Kravitz were charged with making fraudulent periodic filings with the Commission during 1992 and 1993, and Salit and Lobel were charged with providing AppleTree's independent accountants with false information which caused AppleTree to fail to make and keep accurate books and records. In its complaint, the Commission alleged that AppleTree's 1992 offering materials and subsequent filings misrepresented or failed to disclose that (a) Salit and Lobel had an undisclosed relationship with the company from whom AppleTree purchased its raw materials; (b) AppleTree did not own $440,000 in machinery and equipment represented on its balance sheet as having been contributed to the company by Salit and Lobel; (c) AppleTree made an undisclosed $250,000 loan from the proceeds of its 1992 offering to an unrelated company to finance the building of a casino; and (d) AppleTree included in its 1992 annual report filed with the Commission a joint venture agreement signed by Kravitz without authorization by the other party to the agreement. The Commission seeks a permanent injunction against violations of Sections 13(a) and 13(b)(2)(A) of the Exchange Act, and Rules 12b-20, 13a-1 and 13a-13, thereunder, together with an accounting, against AppleTree. Against the individual defendants the Commission seeks a permanent injunction against violations of ==========================================START OF PAGE 2====== Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act, and Rule 10b-5 thereunder, together with an accounting, disgorgement and civil penalties. In addition, the Commission seeks a permanent injunction against violations of Section 13(b)(5) of the Exchange Act, and Rules 13b2-1 and 13b2- 2, thereunder, against Salit and Lobel.