==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15137 / October 29, 1996 ACCOUNTING AND AUDITING ENFORCEMENT RELEASE NO. 849 / October 29, 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 October 24, 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 which was entered by consent against defendant Balance for Life, Inc., a California based nutritional supplement company, and Richard K. Steele, Sr., its president and a resident of Beverly Hills, California. The Court enjoined Balance for Life and Steele Sr. from selling unregistered securities in violation of Section 5(a) and (c) of the Securities Act, making false statements in connection with the sales of securities in violation of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act, failing to keep basic accounting books and records for a public company as required by Section 13(b)(2)A) and (B) of the Exchange Act, and filing false periodic reports with the SEC, such as Forms 10-Q and 10-K in violation of 15(d) of the Exchange Act. The Court also enjoined Steele Sr. from selling securities without being registered as a broker-dealer. The SEC's Amended Complaint alleged that, among other things, from 1991 through 1994, Balance for Life, Steele Sr. and others sold shares of Balance for Life, Inc. common stock to 82 investors for proceeds of at least $1,400,000 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 the company and Steele Sr. made false statements to prospective investors that the stock of Balance for Life would soon publicly trade on Nasdaq, that Balance for Life 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. 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 Steele Sr. operated an unregistered broker-dealer and used telephone solicitors and lead lists to sell the securities of Balance for Life to the general public. ==========================================START OF PAGE 2====== The Final Judgement ordered Balance for Life to disgorge $1,000,000 and Steele Sr. to disgorge $400,000, the money they obtained in connection with their violations of the federal securities laws, but the court waived repayment based on their demonstrated financial inability to pay.