==========================================START OF PAGE 1====== United States Securities and Exchange Commission Securities Exchange Act of 1934 Release No. 38498 / April 11, 1997 Accounting and Auditing Enforcement Release No. 906 / April 11, 1997 Administrative Proceeding File No. 3-9295 ADMINISTRATIVE PROCEEDINGS INSTITUTED AGAINST J.M. LEVY AND CO.; SOL GREENBAUM; AND DAVID COHEN The Securities and Exchange Commission has instituted public administrative proceedings pursuant to Section 21C of the Securities Exchange Act of 1934 and Rule 102(e)(1)(ii) and (iii) of the Commission's Rules of Practice against J.M. Levy & Co., Sol Greenbaum, and David Cohen. The Order for Proceedings alleges as follows: J.M. Levy, an accounting partnership, through the actions of Greenbaum and Cohen, two of its certified public accountants, participated in a fraudulent scheme to overstate the inventory of the Peltz Food Division of Chipwich, Inc., a public company, and to misappropriate Chipwich corporate funds for the personal use of Greenbaum and Chipwich's former CEO. From at least February 1989 until May 1992, Greenbaum and Cohen assisted Chipwich's former CEO in devising, implementing and concealing the inventory fraud. In addition, they aided Chipwich's former CEO in covering up the misappropriation of corporate funds. By participating in these fraudulent practices, the respondents caused Chipwich to file materially false and misleading Forms 10-Q and 10-K with the Commission. A hearing will be scheduled to determine whether the allegations against J.M. Levy, Greenbaum, and Cohen are true and, if so, to determine what remedial sanctions against them, if any, are appropriate, and whether the Commission should issue a cease and desist order against them.