==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15342 / April 21, 1997 SECURITIES AND EXCHANGE COMMISSION v. TELLUS INDUSTRIES, INC. AND GLEN E. BURKE, Civil Action No. 96CV-00712 (D.D.C.) (filed April 16, 1996) On April 15, 1997, the U.S. District Court for the District of Columbia entered default judgments against Tellus Industries, Inc. ("Tellus") and Glen E. Burke ("Burke"). The Honorable William B. Bryant entered judgments enjoining Tellus from violating Sections 10(b) and 13(a) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5, 12b-20, 13a-1 and 13a- 13 thereunder, and enjoining Burke from violating Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The Court also ordered Burke to pay a $300,000 civil penalty. The Commission's complaint alleged that Tellus and Burke knowingly disseminated materially false and misleading information to investors, in the form of Annual and Quarterly Reports filed with the Commission and at least one publicly disseminated press release that failed to accurately disclose law enforcement actions brought by the states of Wisconsin, Nevada, California, Minnesota and Idaho, and the seizure of records by the United States Postal Service. The Commission's complaint alleged that Burke personally profited from the fraud by receiving approximately $1.5 million in salary, loans and other payments from Tellus during the period of the false disclosures.