-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14716 / November 9, 1995 SEC v. MICHAEL MONUS, PATRICK FINN, JOHN ANDERSON AND JEFFREY WALLEY, Case No. 4:95 CV 975, (N.D. OH, filed May 2, 1995) The Securities and Exchange Commission announced that an Order of Permanent Injunction was entered against Michael Monus on November 2, 1995, by the Honorable Kathleen O'Malley, District Court Judge for the Northern District of Ohio. The Order also bars Monus from serving as an officer or director of a public company. Additionally, the Order leaves open the issue of determining the appropriate amount, if any, of disgorgement, prejudgment interest and civil penalties to be imposed. Monus is the former President and Chief Operating Officer of Phar-Mor, Inc. Previously, on May 2, 1995, the Commission filed a complaint against Monus, as well as Patrick Finn, Jeffrey Walley and John Anderson, alleging violations of the antifraud provisions of the securities laws. The Complaint alleged that from at least 1987 through 1992, Monus, Finn and Anderson, and, beginning in July 1990, Walley, while employed at Phar-Mor, engaged in a fraudulent scheme in which they falsified Phar-Mor's books, records and financial statements in order to artificially increase corporate profits. As a result of the defendants' fraudulent activities, from fiscal year 1987 through 1991, Phar-Mor cumulatively overstated income by $290 million. (In fiscal year 1992, the year in which the fraud was detected, Phar- Mor overstated income by approximately $238 million.) Further, the complaint alleged, false financial statements and records concealed Phar-Mor's growing financial problems and, during the course of the fraudulent scheme, induced investors to invest over $500 million in Phar-Mor.