==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14930 / June 4, 1996 SEC v. Rand Instrument Corporation, Alan E. Rand, Cathleen M. Kane, Gary L. Kane, Michael J. Fousse, Kevin Sakser, Alan Whiteside, and Joshua A. Alvarez (N.D. Ga., Civil Action No. 1:94-CV-2539-GET) The Securities and Exchange Commission announced that on February 22, 1996, the Honorable G. Ernest Tidwell, United States District Judge for the Northern District of Georgia, entered an order of permanent injunction, enjoining Michael J. Fousse ("Fousse") from violating Section 5 and Section 17(a) of the Securities Act of 1933, and Section 15(a)(1) and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The defendant consented to the relief without admitting or denying the allegations set forth in a complaint previously filed by the Commission on September 23, 1994. The Court further ordered Fousse to pay disgorgement in the amount of $37,200, representing the amount of the proceeds he received from sales of Rand Instrument Corporation stock, including pre-judgment interest. The Court waived payment of the disgorgement and pre- judgment interest and declined to impose civil penalties based upon sworn representations by Fousse concerning his inability to pay said amounts. In its complaint, the Commission alleged that the defendants violated the registration, antifraud and broker-dealer registration requirements of the federal securities laws in the offering of common stock. Rand Instrument Corporation ("RIC") was purportedly in the business of developing and selling night vision equipment for military applications to foreign governments and to the United States government. Alan Rand claimed to be the inventor of the night vision equipment. Fousse worked at RIC as assistant vice president of investment from October 1992 until the middle of 1993.