UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14893 / April 25, 1996 SECURITIES & EXCHANGE COMMISSION v. LAZARE INDUSTRIES, INC., RICHARD J. HARLEY and JACQUELINE M. KUBE (Relief Defendant) (United States District Court for the Middle District of Pennsylvania, Civil Action No. 3:CV-96-705) The Securities and Exchange Commission ("Commission") announced that on April 25, 1996, the Honorable Thomas I. Vanaskie, District Judge, United States District Court for the Middle District of Pennsylvania, signed an Order temporarily restraining Lazare Industries, Inc. ("Lazare") and its principal, Richard J. Harley ("Harley") from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act"), Section 10(b) the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder. The Order also imposes an asset freeze against Lazare, Harley and Jacqueline M. Kube ("Kube"), a relief defendant. Previously, on April 22, 1996, the Commission filed its Complaint in this matter under seal. The complaint seeks a permanent injunction, disgorgement and prejudgment interest, and civil penalties against Lazare and Harley; and disgorgement from Kube, alleging that she personally benefitted from funds raised from investors by Lazare and Harley. The complaint does not allege that Kube violated any of the provisions of the federal securities laws. The Complaint alleges that, from at least January 1989 through the present, Lazare and Harley engaged in a scheme to defraud at least 72 investors by making fraudulent representations and omissions in connection with the offer and sale of at least $1.4 million of subscriptions for the unregistered stock of Lazare, and improperly converting investor funds to their own use. The alleged misrepresentations and omissions concern an ozone/oxygen therapy offered by Lazare and Harley which they claim, among other things, (1) has undergone extensive testing which has proven it to be effective in the treatment of Acquired Immune Deficiency Syndrome ("AIDS") and other diseases; and (2) is patented. In fact, the therapy is not patented and has not been proven to be effective in the treatment of AIDS. Moreover, the Complaint alleges that Lazare and Harley failed to disclose to investors that (1) they lacked approval from the FDA either to conduct clinical testing or to administer the therapy to patients; and (2) the FDA had previously determined that Harley's promotion and administration of the therapy was in violation of the Food, Drug and Cosmetic Act. Finally, the Complaint alleges that Lazare and Harley are in violation of an October 18, 1995 Order by the Pennsylvania Securities Commission to cease and desist from violations of the ==========================================START OF PAGE 2====== antifraud and registration provisions of the Pennsylvania Securities Act of 1972, which Order was based upon the same conduct alleged in the Commission's Complaint. The Commission acknowledges the cooperation and assistance of the staff of the Pennsylvania Securities Commission in the investigation of this matter.