==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE No. 15073 / September 26, 1996 SECURITIES AND EXCHANGE COMMISSION v. WYE RESOURCES, INC. AND REHAN MALIK, Civil Action No. 96CV02223 (D.D.C., filed September 26, 1996). The Securities and Exchange Commission ("Commission") today announced the filing of a complaint in the United States District Court for the District of Columbia against Wye Resources, Inc. ("Wye") and Rehan Malik. Wye is a Canadian corporation headquartered in Toronto, Ontario and claims to own interests in various gold and diamond mining properties. Rehan Malik ("Malik"), a resident of Labrador City, Newfoundland, served as Wye's President from June 24, 1993 through March 25, 1994. The complaint alleges that during 1993 and early 1994, Wye and Malik engaged in a fraudulent promotional campaign targeted towards U.S. investors and improperly distributed Wye stock to those investors. The Commission's complaint specifically alleges that Wye and Malik engaged in a scheme to distribute approximately 5.3 million shares of Wye stock that were not properly issued under Canadian law nor properly registered with the Commission. According to the complaint, Wye directly distributed approximately 2.5 million of these improperly issued shares to U.S. investors. As of February 1, 1994, approximately 4 million shares, or 28.9 percent of the Wye stock then outstanding, was held by U.S. investors. The complaint alleges that Wye and Malik specifically targeted U.S. investors by placing advertisements in U.S. publications and placing messages over the Internet through a New Orleans-based computer bulletin board service ("BBS") called the "Emerging Growth Stock" BBS. The complaint alleges that certain of these advertisements and messages were false and misleading in that they misrepresented, among other things, the status of Wye's ongoing exploitation of certain Zairian mining properties. For example, starting in March 1993, prior to the time that Malik became Wye's President, Wye falsely claimed that it had successfully completed a sampling program during which it recovered 10 gem-quality diamonds from its Zairian concessions. In reality, Wye's contractors had not set foot on the concessions themselves and purchased the diamonds from Zairian vendors located elsewhere. The Commission's complaint seeks a permanent injunction against Wye and Malik for violations of Section 5 of the Securities Act of 1933 and Section 10(b) of the Securities ==========================================START OF PAGE 2====== Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint also seeks civil penalties against Malik. The Commission also today announced the institution of administrative proceedings against two U.S. residents, Murray Aaron Huberfeld and Broad Capital Associates, Inc., in connection with the unregistered distribution of Wye securities. Without admitting or denying the Commission's findings, both Broad Capital and Huberfeld consented to the issuance of an order finding that they violated Section 5 of the Securities Act. In addition, they agreed to the entry of an order requiring them to disgorge a total of $426,790.05, representing profits made as a result of transactions in Wye stock and prejudgment interest thereon. See In the Matter of Broad Capital Associates, Inc. and Murray Aaron Huberfeld, Administrative Proceeding File No. 3-9101 (Securities Act Release No. 7338). The Commission wishes to acknowledge the assistance of the Ontario Securities Commission.