==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15261 / February 18, 1997 SECURITIES AND EXCHANGE COMMISSION V. STERLING FOSTER & COMPANY, INC., ADAM LIEBERMAN, CRAIG KELLERMAN, FRANK MONROIG, AND DENNIS RUEB,97 Civ. 1077 (LMM) (S.D.N.Y.) The Securities and Exchange Commission announced today that on Friday, February 14, 1997, it filed an action in federal court in Manhattan alleging that a Long Island, New York broker-dealer and four of its employees, including its president, its sales manager, and its head trader, obtained at least $75 million in connection with the manipulation of securities of six issuers. Named in the Complaint were: Sterling Foster & Company, Inc. ("Sterling Foster"), a registered broker-dealer based in Melville, New York, which has been in operation since June 1994; Adam Lieberman ("Lieberman"), 30 years old and a resident of Roslyn Heights, New York, who is the founder, president and sole shareholder of Sterling Foster; Craig Kellerman ("Kellerman"), 35 years old and a resident of Nesconset, New York, who has been Sterling Foster's head trader since June 1994; Frank Monroig ("Monroig"), 35 years old and a resident of Nissequoque, New York, who has been associated with Sterling Foster since June 1994 and who has been its sales manager since January 1995; and Dennis Rueb ("Rueb"), 24 years old and a resident of Seaford, New York, who has been associated with Sterling Foster since 1994 as a registered representative. In its Complaint, the Commission seeks permanent injunctive relief, disgorgement and prejudgment interest and civil penalties against all defendants. The Commission also seeks a temporary restraining order and a preliminary injunction against Sterling Foster, Lieberman, Kellerman, and Monroig, as well as the appointment of a special compliance monitor for Sterling Foster during the pendency of this action. Sterling Foster, Lieberman, Kellerman, and Monroig, without admitting or denying the allegations in the Complaint, consented to the entry of an order temporarily restraining them from violating various antifraud provisions of the federal securities ==========================================START OF PAGE 2====== laws and appointing a special compliance monitor for Sterling Foster. The Complaint alleges that: Between October 1994 and the present, Sterling Foster, Lieberman, and Kellerman manipulated the price of securities of the following public companies: Lasergate Systems Inc., Advanced Voice Technologies, Inc., Com/Tech Communication Technologies, Inc., Embryo Development Corp., Applewoods, Inc. and ML Direct, Inc., and sold these securities at artificially inflated prices to investors. Lieberman and Monroig trained Sterling Foster representatives to induce customers to purchase these securities by using a series of "boiler-room" sales practices, including misrepresenting to customers that: (1) Sterling Foster had inside information about the issuers of these securities that was soon to be announced publicly; (2) the prices of these securities would reach certain targets within a few days; (3) registered representatives were not earning any compensation on purchases of these securities by customers; and (4) no prospectuses were available relating to these securities. Sterling Foster, Lieberman and Kellerman charged customers undisclosed excessive markups of at least $75 million on the customers' purchases of these securities. Once these customers were duped into making the purchases, Sterling Foster, Lieberman, Monroig and Rueb prevented the customers from selling the securities. Furthermore, Rueb misrepresented to his customers, when asked about the status of sell orders, that such orders had been executed when, in fact, they were not. In its Complaint, the Commission alleges that Sterling Foster, Lieberman, Kellerman, Monroig and Rueb violated Section 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. In addition, the Commission alleges that Sterling Foster violated Section 15(c) of the Exchange Act and Rules 10b-3, 10b-6, 15c1-2 and 15c1-8; Lieberman violated Exchange Act Rule 10b-6 and is liable, as a controlling person under Section 20(a) of the Exchange Act, for Sterling Foster's violations of Sections 10(b) and 15(c) of the Exchange Act and Rules 10b-3, 15c1-2 and 15c1-8; and Kellerman violated Exchange Act Rule 10b-6. The litigation is pending. The Commission thanks the National Association of Securities Dealers for its assistance in this matter.