==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14931 / June 5, 1996 SEC v. Rand Instrument Corporation, Alan E. Rand, Cathleen M. Kane, Gary L. Kane, Michael J. Fousse, Kevin Sakser, Alan Whiteside, and Joshua A. Alvarez (N.D. Ga., Civil Action No. 1:94-CV-2539-GET) The Securities and Exchange Commission announced that on August 8, 1995, the Honorable G. Ernest Tidwell, United States District Judge for the Northern District of Georgia, entered separate orders of permanent injunction, against Cathleen M. Kane ("C. Kane"), Gary L. Kane ("G. Kane"), Kevin Sakser ("Sakser"), Alan Whiteside ("Whiteside"), and Joshua A. Alvarez ("Alvarez") from violating Section 5 and Section 17(a) of the Securities Act of 1933, and Section 15(a)(1) and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Each defendant consented to the relief without admitting or denying the allegations set forth in a complaint previously filed by the Commission on September 23, 1994. The Court further ordered the defendants to pay disgorgement representing the amount of the proceeds each person received from sales of Rand Instrument Corporation stock, including pre-judgment interest, as follows: C. Kane was ordered to pay $68,000; G. Kane was ordered to pay $58,000; Sakser was ordered to pay $24,479; Whiteside was ordered to pay $44,500; and Alvarez was ordered to pay $15,000. The Court waived payment of the disgorgement and pre-judgment interest for each defendant and declined to impose civil penalties based upon sworn representations by each of the five defendants concerning his inability to pay said amounts. In its complaint, the Commission alleged that the defendants violated the registration, antifraud and broker-dealer registration requirements of the federal securities laws in the offering of common stock. Rand Instrument Corporation ("RIC") was purportedly in the business of developing and selling night vision equipment for military applications to foreign governments and to the United States government. Alan Rand claimed to be the inventor of the night vision equipment. C. Kane was employed by the Rand Instrument Corporation as the vice president of investment and she was in charge of hiring and supervising the sales force for the corporation. The other four defendants worked at Rand Corporation as assistance vice presidents and made up the sales force.