SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15692 / April 2, 1998 Securities and Exchange Commission v. Eva-Health, USA, Inc., and Calman H. Rifkin No. 97. Civ. 9288 (LBS) (S.D.N.Y.) The Securities and Exchange Commission ("Commission") today announced that on March 30, 1998, the United States District Court for the Southern District of New York entered a judgment by default against defendant Eva-Health, USA, Inc. ("Eva-Health"), a company that purportedly was in the business of researching, developing, manufacturing, and licensing biomedical devices. In a complaint filed on December 17, 1997, the Commission alleged that, from January 1992 through April 1994, Eva-Health sold approximately $5.5 million of unregistered Eva-Health warrants ("Warrants") to investors. The Commission alleged that Eva-Health and its former Chief Executive Officer, Calman H. Rifkin ("Rifkin"), violated Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, when they made fraudulent misrepresentations to investors concerning, inter alia, Rifkin's educational and professional credentials and the existence of patents purportedly held by Eva-Health for eleven biomedical devices. The Honorable Leonard B. Sand of the United States District Court for the Southern District of New York issued the judgment by default against Eva-Health enjoining it from further violations of Sections 5(a), 5(c) and 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, after Eva-Health failed to answer the Commission's complaint. Eva-Health was also ordered to disgorge $4,493,850 in illegal profits, plus $1,871,192 in prejudgment interest. For further information See Litigation Release No. 15594, December 16, 1997.