UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15539 / October 23, 1997 SECURITIES AND EXCHANGE COMMISSION V. MEDCO, INC., ET. AL., Case No. 97- 7246-CIV-RYSKAMP (S.D. Fla.) The Securities and Exchange Commission announced that on October 17, 1997, the Honorable Kenneth L. Ryskamp, United States District Judge for the Southern District of Florida, preliminarily enjoined defendants Medco, Inc. ("Medco") and its president, Mark R. Blacher ("Blacher"), from offering or selling promissory notes in what the SEC alleges to be an elaborate Ponzi scheme. The preliminary injunction enjoins the defendants from violating the registration and anti-fraud provisions of the federal securities laws, namely Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder. The Orders of Preliminary Injunction also continue the freeze of defendants' assets. The defendants consented to the Court's actions. On October 8, 1997, the Commission filed a complaint against Medco and Blacher, among others, seeking emergency relief. On October 9, 1997, the Court entered a temporary restraining order and asset freeze against the defendants. The Court also appointed a receiver who immediately secured Medco's premises and is now in possession of Medco's office and its books and records. According to the SEC's complaint, the defendants made material misrepresentations and omissions in connection with their sale of at least $16 million in promissory notes to the investing public. The notes promised investors returns of between 12% to 16% annually, depending upon the amount of the investment and maturity of the note. The complaint further alleges that Medco represented to investors that the notes were collateralized by used medical equipment which Medco purchased and then leased out to end-users such as doctors and clinics. According to the SEC's allegations, Medco is leasing only a fraction of the medical equipment it has claimed to be leasing. In fact, the SEC contends that one lessee, which purportedly was leasing medical equipment securing $1.6 million of investor funds, was a fictitious entity created by Blacher that had no leases, office space or real business. The SEC also contends that Medco significantly over-valued the medical equipment purportedly collateralizing investor funds. The SEC's complaint further alleges that Blacher lied about his professional background and that of Medco's. The SEC also alleges that Medco wired at least $250,000 of investor funds to an off-shore bank account in Luxembourg. In addition to a permanent injunction, the SEC's action also seeks disgorgement of ill-gotten profits against the defendants and money penalties against Blacher. Named as relief defendants in the Commission's lawsuit were The Hi Lily Company and Nationwide Health Services, Inc. The relief defendants consented to a continuation of the freeze of their assets. ======END OF PAGE 2======