Litigation Release No. 16108 / April 7, 1999 SECURITIES AND EXCHANGE COMMISSION V. ALPHA DIVERSIFIED INDUSTRIES, INC., RALPH W. LEBLANC, AND ROBERT M. BINGHAM, Civil Action No. 97-2814, Section B (E.D. La.) The Securities and Exchange Commission announced that on March 26, 1999, the Honorable Ivan L.R. Lemelle, United States District Judge for the Eastern District of Louisiana entered a final judgment of permanent injunction and other relief against Alpha Diversified Industries, Inc. (Alpha) and Ralph W. LeBlanc (LeBlanc). The judgment permanently enjoined both defendants from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. Alpha and LeBlanc were ordered to pay disgorgement in the amounts of $577,641 and $161,403, respectively. Payment of disgorgement, however, was waived based upon Alpha’s and LeBlanc’s sworn showings of inability to pay. Moreover, the Court did not order LeBlanc to pay a civil penalty because of his demonstrated inability to pay. Alpha and LeBlanc consented to the entry of the judgment. In addition, Judge Lemelle entered a separate order regarding disgorgement and civil penalty against Robert M. Bingham (Bingham), who had previously consented to the entry of a permanent injunction. Bingham was ordered to pay disgorgement in the amount of $40,995. Payment was waived based upon Bingham’s demonstrated inability to pay. For that same reason, the Court did not impose a civil penalty. Bingham consented to the entry of the order. The complaint, which was filed by the Commission on September 10, 1997, alleged that from March 1991 through February 1996, these defendants offered and sold over 4 million shares of Alpha common stock to more than 85 investors in over a dozen states for approximately $567,000. The defendants sold these shares by misrepresenting, among other things, Alpha's business operations and its expected revenues, the value of Alpha's patents, and that federal and state approval of the offerings were obtained. The complaint further alleges that the defendants omitted to disclose to investors various material facts, including the defendants' earlier failed efforts to promote Alpha's product and that most of the money coming into Alpha came from other investors and not from product sales. (See Litigation Release No. 15493)