==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE No. 15386 / June 12, 1997 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 today announced that on May 28, 1997, the Honorable Paul L. Friedman of the United States District Court for the District of Columbia entered a Default Judgment as to Defendant Wye Resources, Inc. The Default Judgment permanently enjoins Wye Resources from violating the antifraud and registration provisions of the federal securities laws. Wye is a Canadian corporation headquartered in Toronto, Ontario and claims to own interests in various gold and diamond mining properties. However, as alleged in the Commission's complaint, Wye has recorded no earnings from actual mining operations. The complaint, filed on September 26, 1996 against Wye and its former President, Rehan Malik, alleges that Wye and Malik participated in a fraudulent promotional campaign targeted towards U.S. investors and improperly distributed Wye stock to those investors. See SEC v. Wye Resources, Inc. and Rehan Malik, Lit. Release No. 15073 (September 26, 1996). With respect to Wye, the complaint specifically alleges that Wye issued press releases and placed messages over the Internet through a New Orleans-based computer bulletin board service ("BBS") called the "Emerging Growth Stock" BBS. Certain of these releases and messages were false and misleading in that, among other things, they misrepresented the status of Wye's ongoing attempts to exploit certain diamond mining properties in the country of Congo (formerly Zaire). The complaint alleges that Wye thereby violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint also alleges that Wye violated Section 5 of the Securities Act of 1933 by engaging 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, approximately 2.5 million of these improperly issued shares were distributed 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. On September 26, 1996, the Commission instituted public administrative proceedings against a New York corporation and its President in connection with their roles in the distribution of Wye stock. See In the Matter of Broad Capital Associates, Inc. and Murray Aaron Huberfeld, ==========================================START OF PAGE 2====== Administrative Proceeding File No. 3-9101; Securities Act Release No. 7338 (September 26, 1996). - 2 - On December 26, 1996, Malik consented, without admitting or denying the allegations of the Commission's complaint, to the entry of a final judgment of permanent injunction and agreed to pay a penalty in the amount of $25,000. See SEC v. Wye Resources, Inc. and Rehan Malik, Lit. Release No. 15198 (December 26, 1996). The Commission wishes to acknowledge the assistance of the Ontario Securities Commission.