SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16115 / April 21, 1999 Accounting and Auditing Enforcement Release No. 1129 / April 21, 1999 SEC v. Mark A. DeSimone and James Shields, Civ. Action No. 1:99CV00991 (EJS)(DCDC) SEC CHARGES MARK A. DESIMONE, FORMER CHAIRMAN OF NORTHSTAR HEALTH SERVICES, INC., AND ASSOCIATE JAMES SHIELDS WITH FINANCIAL FRAUD The Securities and Exchange Commission today filed a Complaint in United States District Court for the District of Columbia against Mark A. DeSimone, former president and chairman of the board of Northstar Health Services, Inc., and James Shields, DeSimone’s cousin and a former manager of a Northstar subsidiary, for engaging in financial fraud at Northstar. The Complaint alleges that between 1993 and 1995, DeSimone and Shields engaged in a scheme to inflate Northstar’s income by causing Northstar to report in its financial statements over $1.2 million in fictitious revenue from phony consulting contracts and medical equipment rentals. Northstar, a publicly-traded company engaged in providing medical rehabilitation services, is located in Indiana, Pennsylvania. According to the Commission’s Complaint, DeSimone and Shields conducted the financial fraud by providing Northstar and its auditors with fabricated invoices, consulting agreements and checks to substantiate the phony consulting services and equipment rentals. As a result, Northstar’s reported income before taxes was overstated by 28 percent in fiscal year 1993 and by 54 percent in fiscal year 1994. Without admitting or denying the allegations in the Commission’s Complaint, DeSimone consented to the entry of a final judgment (i) enjoining him from violations of the antifraud and books and records provisions of the federal securities laws (Section 17(a) of the Securities Act of 1933 and Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5, 13b2-1 and 13b2-2 thereunder), (ii) permanently barring him from serving as an officer or director of a public company, and (iii) ordering him to pay a $50,000 civil penalty. Shields also consented to the entry of a final judgment, without admitting or denying the allegations therein, enjoining him from violating the antifraud and books and records provisions of the federal securities laws (Section 17(a) of the Securities Act and Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5 and 13b2-1 thereunder), and ordering him to pay a $12,000 civil penalty. In a related action, the Commission today instituted and simultaneously settled an administrative proceeding against Jeff Bergman, a business associate of DeSimone, finding that Bergman participated in the falsification of Northstar’s 1994 financial statements by providing Northstar with checks and an audit confirmation letter to support the recording of fictitious consulting fees earned by a Northstar subsidiary. The Commission’s order finds that Bergman’s conduct resulted in Northstar’s overstatement of revenue by $167,750 for fiscal 1994. Without admitting or denying the allegations, Bergman consented to the entry of the Commission’s order requiring him to cease and desist from violating or committing any future violations of the antifraud provisions of the federal securities laws. (In the Matter of Jeff Bergman, Rel. Nos. 33- 7669; 34-41316; AAER 1128; File No. 3-9879).