-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 14752 / December 12, 1995 SEC v. Nabeeh I. Totah, Civil Action No. C-95 20840 RMW PVT (N.D. Cal. Dec. 11, 1995) The Securities and Exchange Commission yesterday filed an action alleging that Nabeeh I. Totah engaged in insider trading through purchases of stock and call options for the securities of Affymax N.V., a biotechnology company located in Palo Alto, California, in the weeks preceding a tender offer for Affymax by Glaxo plc. Totah has agreed to settle the matter. The Commission filed suit in the United States District Court for the Northern District of California against Totah for violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. The Commission alleges that, between January 16 and January 25, Totah improperly purchased 120 Affymax call option contracts while in possession of material nonpublic information concerning the pending tender offer for Affymax. Totah sold his options after the announcement of the tender offer on January 26, 1995 for a profit of $102,750. The Commission also alleges that Totah knew of the purchase of 400 shares of Affymax common stock purchased between January 9 and January 24 through accounts in which he held a direct or indirect beneficial interest, and shared in the $4,962.50 profit earned on the sale of that stock on January 26. Simultaneously with the commencement of the action, Totah consented, without admitting or denying the allegations of the Complaint, to the entry of a final judgment permanently enjoining him from violating Sections 10(b) and 14(e) and Rules 10b-5 and 14e-3 thereunder, and to disgorge profits in the amount of $107,712.50, plus $6,870.24 in prejudgment interest, and to a civil penalty of $25,000. The Commission acknowledges the assistance of the Chicago Board Options Exchange and the National Association of Securities Dealers in investigating this matter. The Commission's investigation is continuing as to other individuals.