-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14760 / December 18, 1995 Accounting and Auditing Enforcement Release No. 741 / December 18, 1995 SEC v. SANI-TECH INDUSTRIES, INC., STANLEY J. WASSERMAN and GERALD M. KUDLER, C.A. 94-4535 (ADS) U.S.D.C., E.D.N.Y. NEW YORK -- The United States Securities and Exchange Commission (Commission) today announced that, on November 30, 1995, the Honorable Arthur D. Spatt, United States District Judge for the Eastern District of New York, entered a Final Judgment of Permanent Injunction by Consent against Gerald M. Kudler (Kudler). The Final Judgment enjoins Kudler from violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, as well as Rule 13b2-1. Kudler consented to the Final Judgment without admitting or denying the allegations in the Commission's Complaint, which was filed on September 27, 1994. The Final Judgment also orders disgorgement and prejudgment interest in the amount of $23,000 but waives the payment of the disgorgement and prejudgment interest based on Kudler's demonstrated inability to pay. Based on Kudler's demonstrated inability to pay, the Final Judgment does not impose civil penalties. The Complaint alleges that Kudler violated Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, the antifraud provisions, by preparing false and misleading annual and quarterly reports for Sani-Tech Industries, Inc. (Sani-Tech), which were then filed with the Commission. Among other things, the Complaint alleges that Kudler prepared the financial statements which were included in Sani-Tech's annual reports and then purported to audit these same financial statements through Auditors and Consultants, Inc. (A&C), an accounting firm owned by Kudler. The Complaint also alleges that Kudler, through A&C, issued audit opinions on Sani-Tech's financial statements which were also included in Sani-Tech's annual reports, representing that Sani-Tech's financial statements had been prepared in accordance with generally accepted accounting principles (GAAP) and that they had been audited by a certified public accountant, when, in fact, Sani-Tech's financial statements were not presented in accordance with GAAP and neither Kudler nor A&C were certified public accountants. The Complaint also alleges that Kudler violated Rule 13b2-1 promulgated under the Exchange Act because he falsified the books and records of Sani-Tech.