U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15586 / December 9, 1997 Securities and Exchange Commission v. Roger D. Wyatt and David L. Holewinski, Civil Action No. 96-5399 TJH (Mcx) (C.D. Cal.) The Securities and Exchange Commission announced that on November 24, 1997, the Honorable Terry J. Hatter, Jr., United States District Judge for the Central District of California, entered a Final Judgment against Roger D. Wyatt of Houston for insider trading in the securities of Chantal Pharmaceutical Corporation, a Los Angeles based company. The Judgment against Wyatt provides that he is enjoined from future violations of the antifraud provisions of the federal securities laws. He was also ordered to pay disgorgement in the amount of $50,125, representing the amount of losses he and his tippee avoided from insider trading plus prejudgment interest in the amount of $8,705.21 and civil penalties in the amount of $150,375. In sum, Wyatt was ordered to pay a total of $209,205.21. The Judgment was entered following the Commission's successful motion to enter a Default Judgment against Wyatt for his willful failure to comply with a court order directing him to produce documents relating to his brokerage account situated in the Cayman Islands. The Commission filed a Complaint on August 5, 1996, against Wyatt, alleging insider trading in connection with his sale of Chantal stock in February 1993. The Complaint alleged that the sale took place prior to a public announcement by Chantal, on February 25, 1993, that The Upjohn Company had terminated a licensing agreement with Chantal because tests showed that Chantal's Cyoctol compound was not an effective anti-acne drug. The Complaint further alleged that Chantal's joint venture with Upjohn was its sole source of income at the time. The Complaint also alleged that between mid-January 1993 and February 25, 1993, Wyatt, while acting as a consultant to Chantal, became aware of confidential information concerning Upjohn's testing of Cyoctol and sold 10,000 Chantal shares through a brokerage account in the Cayman Islands. Additionally, the Complaint alleged that Wyatt conveyed this information to David L. Holewinski, an individual with whom Wyatt maintained a close, personal and business relationship. Holewinski, in turn, directed his broker to sell all of his and his wife's Chantal shares immediately following a telephone conversation with Wyatt on February 25, 1993. Holewinski's trades occurred just before the public announcement by Chantal. The Judgment against Wyatt leaves Holewinski as the sole remaining defendant in the matter. ======END OF PAGE 1======