-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14656 / September 28, 1995 ACCOUNTING AND AUDITING ENFORCEMENT RELEASE NO. 721 --------- FOOTNOTES --------- SECURITIES AND EXCHANGE COMMISSION V. BALANCE FOR LIFE, INC., RICHARD K. STEELE SR., RICHARD K. STEELE JR., PETER C. TOSTO, AND MARCIA ANN COPPERTINO, Civil Action No. 95-D-2471, USDC/Colorado The Securities and Exchange Commission ("Commission"), today announced the filing of a Complaint against Balance For Life, Inc. ("BFL"), Richard K. Steele Sr. ("Steele Sr."), Richard K. Steele Jr. ("Steele Jr."), Peter C. Tosto ("Tosto") and Marcia Ann Coppertino ("Coppertino") in the U.S. District Court for the District of Colorado. The Complaint alleges that the defendants violated the securities and broker-dealer registration provision- s, the anti-fraud provisions, and certain books, records and reporting provisions of the federal securities laws. Specifical- ly, the Commission's Complaint alleges that from 1991 through late 1994, BFL conducted three unregistered offerings of its stock raising more than $1.4 million from at least 82 investors, and that defendants Steele Sr., Steele Jr. and Tosto made false and misleading statements in these offers and sales regarding, among other things, imminent public trading of BFL stock on the NASDAQ stock exchange, prices or ranges of prices at which BFL would trade in the future, the risks involved, the financial condition of BFL, and the use of investor proceeds. Further, in connection with the offerings, the defendants distributed false and misleading financial statements which were in fact not audited, but falsely purported to have been audited by defendant Coppertino, who is not and never has been a Certified Public Accountant. In addition, the Complaint alleges violations of Section 13(b) and 15(d) of the Exchange Act in that BFL failed to keep adequate internal controls, financial books and records, and failed to file required periodic reports with the Commission or has filed such reports late.