UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

Civil Action No.

3:00CV0649RM
LIFECHOICE INTERNATIONAL INC.,
ROBERT KAP,
DIMITAR HRISTOV, BORISLAV MARINOV,
RADKA PETROVA,
And
LIFECHOICE BANQ1 CORPORATION
On behalf of themselves and all others similarly situated Complaint -
Class Action
Plaintiffs,
v.

THE REPUBLIC OF BULGARIA

THE NATIONAL SPECIALIZED INVESTIGATIVE SERVICE

OF THE GOVERNMENT OF BULGARIA,

THE MAIN PUBLIC PROSECUTOR’S OFFICE

OF THE GOVERNMENT OF BULGARIA Jury Trial Demanded

THE NATIONAL CENTRE FOR INFECTIOUS AND

PARASITIC DISEASES

And

EMILIA MITKOVA and MARIO STOYANOV

Defendants

1
 COMPLAINT

1. This is a civil action brought for monetary relief under the Foreign Sovereign Immunities Act
of 1976, 28 USC, Sections 1605 (a)(2)(3) and (a)(5), arising from pecuniary loss and injury
suffered upon a breach of contract(s) having to be performed and direct interference with a
commercial activity carried on within the territorial jurisdiction of the United States but
rendered impossible by the breach(es) alleged and tortious acts claimed, arising from, inter
alia, the willfully illicit non-discretionary and intentionally improper collection and seizure of
private property, information and records; the withholding of private and proprietary data;
unconsented disclosures to the Main Public Prosecutor’s Office, the Government of the
Republic of Bulgaria, its members and individuals employed therein about confidential and
proprietary property, information and records unlawfully collected by the National Specialized
Investigative Service concerning the Plaintiffs and all other members of the Class hereinafter
described; and on information and belief the exploitation of the property and records as well as
dissemination and misrepresentation of the information by officials of the Main Public
Prosecutor’s Office, the Government of the Republic of Bulgaria, its members and individuals
employed therein, including officials, agencies or instrumentalities of Government of Bulgaria.

Jurisdiction
And
Venue

2. This Court has original jurisdiction in personam according to 28 USC Section 1330 (a) over
the allegations herein as to the Foreign Sovereign Immunities Act of this action pursuant to 28
USC Section 1605(a). This Court has jurisdiction over common law torts pursuant to 28 USC
Section 1367(a), in that the claims are so related to claims within the original jurisdiction of the
district court that they form part of the same case or controversy under Article III of the United
States Constitution.

3. Venue is proper in this district as to the allegations under the Foreign Sovereign Immunities
Act pursuant to the provisions of 28 USC Section 1391(f)(1)(3), and the common law torts
pursuant to 28 USC Section 1391(d) and 28 USC Section 1391(a).

Class Action Allegations.

2
4. This action is brought by Plaintiffs as a Class action on their own behalf and on behalf of all
others similarly situated pursuant to and relying upon the provisions of 23 (a) and 23 (b) (3) of
the Federal Rules of Civil Procedure for damages including costs and attorneys fees.

The Class so represented by the Plaintiffs in this action of which Plaintiffs are themselves
members, are all persons consisting of residents of the United States, Canada, Republic of
Bulgaria and elsewhere who purchased or otherwise had inured to them a beneficial interest in
Depositary Securities (the "Securities") acquired by Plaintiffs during the Class Period of 31
November 1993 to 31 December 1995 having applied for withdrawal or conversion of the
securities to common shares or equity in property.

5. The members of the Class are so numerous that joinder of all members is impracticable. While
the exact number of class members is unknown to Plaintiffs at this time, it can be ascertained
through appropriate discovery. Plaintiffs believe that there are thousands of members in the
Class. As of April 1999 there were reported 3,257 persons, not including the Plaintiffs or
residents outside the jurisdiction of the Republic of Bulgaria, Class members represent
100,000,000 million bearer depositary securities last recorded to be issued and outstanding.

6. Plaintiffs claims are typical of the claims of all members of the Class as all members of the
Class are similarly effected by Defendants' wrongful conduct and the breaches of contract and
law, as complained of. There are common questions of law and fact in the action that relate to
and affect the rights of each member of the Class and the relief sought is common to the entire
Class. Namely, the Plaintiffs depend on a showing of the acts and omissions of Defendants
giving rise to the right(s) of Plaintiffs to the relief sought herein as arises from breaches of
contract arising from an improper and illicit collection, then withholding of private property,
information, records and proprietary data by individuals employed in the service of the
Defendant Government of Bulgaria, having acted with neither Plaintiffs consent or upon any
legal occasion or discretionary right when, knowingly facilitating on account of said acts the
willful interference with Plaintiffs' commercial activities in USA and elsewhere by
exploitation and destruction of property and the unconsented disclosure and dissemination to
other agencies or instrumentalities of confidential and proprietary information, including
certain individual members of Defendant Government of Bulgaria and others employed
therein, said breaches and acts thus giving rise to the breach(es) alleged and damages claimed
herein, including costs and attorneys' fees.

7. There is no conflict as between any individual named Plaintiff and other members of the Class
with respect to this action or with respect to the claims for relief herein set forth. The named
Plaintiffs are representative parties for the Class and are able to and will fairly and adequately
protect the interests of the Class.

8. This action is properly maintained as a class action pursuant to Federal Rules of Civil
Procedure 23(b)(3) inasmuch as the questions of law and fact common to the members of the
Class predominate over any questions affecting only individual members, and a class action is

3
 superior to other available methods for fair and efficient adjudication of the controversy. Upon
information and belief the actions taken by Defendants, jointly and severally, in scienter with
other agencies or instrumentalities of Government of Bulgaria, were the same with respect to
each Plaintiff; separate trials to prove liability issues common to the Class would be a waste of
judicial resources. Furthermore, it is desirable to concentrate such litigation within the Court's
District. Moreover the expenses of litigation would be likely to discourage the initiation of
individual lawsuits concerning the actions at issue. Upon information and belief, there is as yet
no other litigation involving the same controversy.

Facts

9. Plaintiffs' commercial activity and investment in the United States and elsewhere relied heavily
upon representations and contracts with Defendant Government of Bulgaria agencies or
instrumentalities as to, inter alia,

a) assignments of proprietary products for the treatment of HIV/AIDS; proprietary

research data for the treatment of cancer; access to manufacturing and research
facilities; technical, scientific and administrative support in FDA filings;
b) options and rights granted to certain lands and buildings for installation of
processing equipment to treat and refine waste oil products into fuel and
thermoelectric energy;
c) the right of free and unrestricted movement of private corporate securities;
repatriation by foreign investors or corporations, of profits realized as cash or in the
form of corporate securities;
d) free and unrestricted movement of foreign origin or destined goods or services and
protection under law from illicit seizure, exploitation or misappropriation of private
property by agencies or instrumentalities of the Defendant Government of Bulgaria.

10. The result of these representations and contracts was that Plaintiffs invested heavily and
entered into joint commercial activities in the United States, Canada and elsewhere but
administered these activities from within the territorial jurisdiction of the Defendants and
maintained, inter alia, inventories; equipment; manufacturing capacity; research and
development; files; records; data; confidential and proprietary information each jointly and
severally indispensable and essential to Plaintiffs commercial activities in the United States and
elsewhere.

11. Plaintiffs revenues were dependent upon contracts and conduct of instrumentalities of the
Defendant Government of Bulgaria upon which Plaintiffs relied to supply LifeChoice Inc. and
HIV/AIDS patients in the United States and Canada with, inter alia, a proprietary and patented
immunotherapy clinical drug "Factor - R" and derivatives thereof to control and limit onset of
AIDS related secondary infections; development of hybrid synergetic compounds composed of

4
 generic clinic drugs combining proprietary substances anticipated to effectively treat and
control a number of cancers, some associated with the onset of AIDS. The Rapid approval by
the United States Food and Drug Administration was anticipated by Plaintiffs on account of
representations of Defendant Government of Bulgaria instrumentalities, the clinical work
completed or underway and documental evidence in Defendant Government of Bulgaria
possession.

12. Plaintiffs further relied upon instrumentalities of the Defendant Government of Bulgaria to
deliver land, buildings and other facilities contracted for by LifeChoice S.A., a Republic of
Greece corporation through the fiduciary of KANAMECO II A.D., a Republic of Bulgaria
corporation, the lease operator manager for two microrefining and waste oil treatment units and
related facilities as delivered to Tzarimir, Bulgaria, by Green Oasis Environmental Inc., a
South Carolina State corporation, said units constituting a part of 15 units so ordered together
with manufacturing and technological exploitation rights for the Republic of Bulgaria and
elsewhere in the Balkans.

13. As a direct result of Defendant Government willful and intentional interference with key
corporate management and illicit taking of Plaintiffs' property and later unlawful conduct of
withholding said property, Defendants caused Plaintiffs money damages, suffering serious and
substantial harm and adverse effects, including but not limited to the substantial and significant
loss of realizable profit and opportunity from, inter alia:

a) new clinical drugs and therapeutic technology for the treatment of HIV/AIDS and
cancer;
b) clinical research and development work halted;
c) the manufacture, leasing and operation of waste oil treatment, micro-refining and
thermoelectric facilities,
d) the out-of-pocket expenses and loss of time necessarily incurred in investigating
and responding to Defendants' unlawful conduct and unfairness.

14. As a proximate result of Defendants willful interference with key corporate management and
intentional collection and illicit seizure of Plaintiffs private property and confidential files, the
improper maintenance and security thereof, certain confidential and proprietary data as
contained therein was released without prior written consent or knowledge of Plaintiffs to other
agencies or instrumentalities of Defendant Government and later misrepresented to the public
and mass media by individuals in the employ of the Defendant Government, and named herein
as individual Defendants and tortfeasors whereby causing Plaintiffs public embarrassment,
loss of reputation, inconvenience, emotional distress and mental anguish, which as a
consequence thereof provided vicarious cause for the termination and ceasing of private and
state contracts, together with commercial activities involving the Plaintiffs.

5
WHEREFORE, Plaintiffs demand a judgement against Defendants jointly and severally, for loss of
property, future opportunity and non-pecuniary injury damages in excess of $ 1,200,000,000.00 plus
pre-judgement interest, post-judgement interest, costs, attorneys' fees and such other relief as this
Court deems just and proper.

Respectfully submitted.

Dated 25 September, 2000,

South Bend, Indiana

Robert Kap
333 Tonti Street,
South Bend, Indiana,
46617 USA
Agent for the Plaintiffs