SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15470 / September 4, 1997 ACCOUNTING AND AUDITING ENFORCEMENT RELEASE NO. 950 / September 4, 1997 SECURITIES AND EXCHANGE COMMISSION v. MARK K. CURRY AND JOSEPH H. CURRY, (Civil Action No. 97-74524) (E.D. Mich.) The Securities and Exchange Commission ("Commission") filed today a complaint against Mark K. Curry ("M. Curry") and Joseph H. Curry ("J. Curry") alleging violations of the antifraud and recordkeeping provisions of the federal securities laws arising from their undisclosed theft of corporate assets belonging to Caraco Pharmaceutical Laboratories, Ltd. ("Caraco"). The complaint alleges that during 1993 and 1994 M. Curry, then Caraco's controller, and his brother, J. Curry, stole at least $889,000 of Caraco's corporate funds. As part of an elaborate effort to conceal their thefts, they falsified Caraco's books and records and M. Curry made materially false and misleading statements to Caraco's auditors. M. Curry also prepared false and misleading financial statements that materially understated Caraco's revenues and overstated its inventory and/or cost of sales in order to conceal the missing Caraco funds. Caraco included those materially false and misleading financial statements in Caraco's registration statement for its initial public offering of securities, it its annual report for 1993, and in quarterly reports for 1994. The complaint alleges that M. Curry and J. Curry stole Caraco's assets in two ways. First, that they each forged checks drawn on Caraco bank accounts and against Caraco credit accounts that were made payable to them, to a retail clothing business known as The Curry Collection that the two brothers co-owned and operated, or to pay personal credit card bills. Second, that they stole checks issued to Caraco by its customers, which they improperly endorsed and deposited into their personal bank accounts. The complaint alleges that as part of the effort to conceal the thefts, the disbursements via the forged checks were falsely recorded in Caraco's books and records as purchases of inventory, equipment, or other for other operating expenses, and that false credits for product returns or sales discounts were recorded to offset the amounts of the stolen checks. The complaint alleges that as a result of that conduct M. Curry violated Section 17(a) of the Securities Act, and Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5, 13b2-1 and 13b2-2 thereunder. The complaint alleges that J. Curry aided and abetted violations of Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and violated Section 13(b)(5) of the Exchange Act and Rule 13b2-1 thereunder. The complaint seeks as to both M. Curry and J. Curry (1) permanent injunctions against future violations of the above- mentioned provisions of the federal securities laws; (2) disgorgement of the stolen funds; (3) civil penalties; and (4) a permanent bar from acting as officers or directors of a publicly traded company.