==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15230 / January 29, 1997 SECURITIES AND EXCHANGE COMMISSION v. JAY MARCUS, 97 Civ. 462 (CBA) (E.D.N.Y. Jan. 29, 1997) The Securities and Exchange Commission filed a Complaint today charging Jay Marcus, former president of Halsey Drug Co., Inc., with (1) violations of the antifraud provisions of the federal securities laws based upon Marcus' insider trading and (2) violations of the antifraud and reporting provisions of the federal securities laws arising from Halsey's filing of false annual reports with the Commission. The Complaint alleges that from at least January 1990 through March 1993, Halsey, whose principal place of business is in Brooklyn, New York, manufactured and sold certain adulterated generic drugs. Marcus knew of the drug adulteration and that the adulteration was being concealed from the United States Food and Drug Administration ("FDA") and the public. In February 1992, while in possession of material, non-public information regarding Halsey's manufacture and sale of adulterated drug products, Marcus sold 70,000 shares of Halsey common stock. After Halsey's March 30, 1993 public disclosure regarding its manufacture and sale of adulterated drug products, the price of Halsey's stock dropped approximately 49%. Additionally, Halsey filed materially false and misleading annual reports with the Commission for fiscal years ended December 31, 1990 and 1991. Marcus reviewed and signed these annual reports, knowing that they were materially false and misleading. The Complaint seeks the following relief: (1) a permanent injunction against future violation of the federal securities laws; (2) disgorgement of an amount equal to the losses Marcus avoided by selling shares of Halsey stock prior to the public announcement regarding Halsey's adulteration of drug products, plus prejudgment interest; (3) civil penalties for insider trading and violations relating to Halsey's filing of a false and misleading annual report for the fiscal year ended December 31, 1991; and (4) an order barring Marcus from serving as an officer or director of any public company. In a related proceeding, on January 29, 1997 the Commission simultaneously instituted and settled an administrative proceeding against Halsey. There, the Commission made findings that Halsey's annual reports for fiscal years ended December 31, 1990 and 1991 were materially false and misleading because they failed to disclose that Halsey was not manufacturing drugs in accordance with certain standards promulgated by the FDA, but was using unapproved formulas and procedures, and Halsey employees, ==========================================START OF PAGE 2====== at management's direction, were concealing product adulteration from the FDA. These annual reports also failed to disclose that since Halsey was not manufacturing generic drugs in accordance with certain FDA standards, FDA approval for any or all of Halsey's new products could be adversely affected. Halsey neither admitted nor denied these findings, but consented to the entry of Commission's Order requiring Halsey to cease and desist from committing or causing any violation and any future violation of the antifraud and reporting provisions of the federal securities laws. (See In the Matter of Halsey Drug Company, Inc., Release No. 34-38210 (Jan. 29, 1997).