==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. Litigation Release No. 15180 / December 9, 1996 SECURITIES AND EXCHANGE COMMISSION V. CHARLES BRUMFIELD, JOSEPH BRUMFIELD, ROBERT ALLEN, WILLIAM MYLETT, JOSEPH PENNA, JOSEPH CUSIMANO, ALFRED VOLPE, JAMES GALANTE, THOMAS ALGER, JOHN O'BRIEN, LAWRENCE FRIEDMAN, ROBERT FLANAGAN, THOMAS FLANAGAN, SHARON SEIDEN, WARREN SMITH, JOHN LYNCH, AND ALBERT BRODY, United States District Court for the Southern District of New York, Civ. Action No. 95-9283 (JES). On December 6, 1996, the United States District Court for the Southern District of New York entered a Final Judgment of Permanent Injunction and Other Equitable Relief against Charles Brumfield. The Commission's Complaint charged Charles Brumfield with violations of the federal securities laws by misappropriating confidential information from AT&T concerning its plans to acquire Paradyne Corporation, NCR Corporation, Digital Microwave Corporation, and Teradata Corporation, by trading Teradata in his own account, and by providing the non- public information about one or more of the four acquisition targets to his son and several friends who subsequently traded in the relevant securities while in possession of the non-public information. The Complaint also charged that Charles Brumfield arranged for several of his direct and indirect tippees to trade the securities of target companies for him and to kick back profits in the form of cash and other concealed payments. Without admitting or denying the allegations in the Complaint, filed on October 31, 1995, Charles Brumfield consented to the entry of an injunction from future violations of sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and rules 10b-5 and 14e-3 thereunder, disgorgement of his profits of $311,643.89, plus prejudgment interest in the amount of $190,375.03, and a civil penalty in the amount of $311,643.89. In a related criminal case Charles Brumfield earlier pled guilty to one count of conspiracy to commit securities fraud, wire fraud, and obstruction of agency proceedings, and one count of perjury. Brumfield was sentenced on October 22, 1996 to four years probation, six months in a community treatment center, and fined $6,000. On September 16, 1996, the United States District Court for the Southern District of New York entered a Final Judgment of Permanent Injunction and Other Equitable Relief against Albert Brody. The Commission's Complaint charged Albert Brody with violations of the federal securities laws by trading in the securities of NCR and Teradata while in possession of non-public information. Without admitting or denying the allegations in the Complaint, filed on October 31, 1995, Albert Brody consented to ==========================================START OF PAGE 2====== the entry of an injunction, disgorgement of his profits of $71,800.36, plus prejudgment interest in the amount of $37,789.26. The Final Judgment also acknowledges that Brody paid a one-time penalty in the amount of $100,000 in the parallel criminal proceeding. In the related criminal case Brody earlier pled guilty to one count of conspiracy to commit securities fraud, wire fraud, and obstruction of agency proceedings in the parallel criminal action. On June 7, 1996, he was sentenced to three years probation, six months home detention, and fined $100,000. Litigation with respect to the remaining defendants is continuing. Related Releases: L.R. 14706, L.R. 14779, L.R. 14956