==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 14903 / May 7, 1996 SECURITIES AND EXCHANGE COMMISSION v. FUTURE VISION DIRECT MARKETING, INC., ET AL. Civ. 96-2107 (NHP) (D.N.J. May 7, 1996) The Commission filed an action today alleging fraud in connection with the sales of securities in wireless cable television companies and radio broadcasting companies. The Complaint which was filed in the United States District Court for the District of New Jersey names as defendants Future Vision Direct Marketing, Inc., Eastern Coordinated Financial, Philip Forma, James Barschow, Bruce Schroeder, Joseph Glenski, Alan Herr, Herbert Herr, Stanley Mindel, Frank Cardell, Thomas Ehrlich, Pacific Wireless Communications, Inc., Nationwide Wireless Corporation, Ronald H. Michel, Steven Regan, William Richard Horne, Daniel Kelly, and Philip J. Caratozzolo. The Wireless Cable Companies: In its Complaint, the Commission alleges that from late 1992 to May 1994, the defendants orchestrated or participated in the fraudulent offer and sale of the unregistered securities of two companies, Southern Tennessee Wireless, Limited-Liability Company, and Greater Columbia Basin Wireless, Limited-Liability Company, that purportedly were being established as wireless cable television broadcasting companies. The Complaint alleges that Pacific Wireless Communications, Inc., Nationwide Wireless Corporation, Ronald H. Michel, Steven Regan, William Richard Horne, Daniel Kelly, and Philip J. Caratozzolo acted as the principals and promoters in the wireless cable offerings. Future Vision Direct Marketing, Inc., Eastern Coordinated Financial, Philip Forma, James Barschow, Bruce Schroeder, Joseph Glenski, Alan Herr, Herbert Herr, Stanley Mindel, Frank Cardell and Thomas Ehrlich allegedly led the sales efforts for the wireless cable offerings. With respect to the defendants' actions in the wireless cable television offerings, the Complaint alleges that: (1) defendants defrauded over 1,000 investors out of over $15 million through those offerings; (2) that the defendants who controlled the offerings misappropriated the funds invested by the defrauded investors; and (3) that defendants fraudulently misrepresented, among other things, the returns investors would receive from those investments, the use of the offering proceeds, and the risks of the investments. The Radio Station Companies: The Commission's Complaint further alleges that from approximately March 1994 to January 1995, Alan Herr, Herbert Herr, and Stanley Mindel fraudulently offered and sold unregistered securities and memberships in Bloch Broadcasting Companies, Inc., WBDN, L.C., WGGG, L.C., and WCNX, L.C. (collectively, the "radio station companies"). The radio station companies purportedly were established for the purpose of - 2 - acquiring and operating various radio stations throughout the country. Alan Herr, Herbert Herr, and Stanley Mindel allegedly participated in the sales efforts for the securities and membership interests in the radio station companies. With respect to Alan Herr, Herbert Herr, and Stanley Mindel's actions in the offering of the radio station companies, the Complaint alleges that these defendants defrauded investors out of over $3.7 million through misrepresentations and omissions of material fact, including, among other things, the returns investors would receive from investments in the radio station companies, the assets held by these companies, and the risks of these investments. * * * * * * * The Commission alleges that, as a result of defendants' conduct as alleged in the Complaint, the defendants violated the antifraud provisions and the registration requirements of the federal securities laws, Sections 10(b) and 15(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933. The Complaint seeks an order enjoining all defendants from further violating the antifraud provisions and the registration requirements of the federal securities laws, and requiring them to pay civil penalties and disgorgement, plus prejudgment interest. The Complaint also seeks to bar the defendants who are alleged to have orchestrated the wireless cable television offerings in the Complaint from acting as officers or directors of public corporations that register with the Commission. Defendants Alan Herr, Herbert Herr, Stanley Mindel, Philip Forma, Philip J. Caratozzolo and Nationwide Wireless Corporation have consented to settle the action by agreeing to the entry of permanent injunctions. The orders to which Alan Herr, Herbert Herr, Stanley Mindel and Philip Forma consented require them to disgorge the funds received as a result of the actions alleged in the Complaint. These four defendants also consented to the entry of administrative orders pursuant to Section 15(b) of the Exchange Act that permanently bar them from association with any broker, dealer, investment company, investment adviser, or municipal securities dealer. Based on Caratozzolo's demonstrated inability to pay disgorgement, he was not ordered to pay disgorgement. Caratozzolo consented to a permanent bar from serving as an officer or director of a public issuer. None of the other defendants have settled the action. ==========================================START OF PAGE 2======