-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 14767 / December 28, 1995 SEC v. JOSEPH J. EVANS, DAVID B. EVANS, GIL M. BREAKMAN and STEPHEN A. SOLOMON, Civil Action No. 95-8763 RSWL (BQRx) (C.D. CAL, December 27, 1995) The Securities and Exchange Commission filed an action on December 27, 1995 against four defendants alleging that they committed insider trading by purchasing the securities of Alias Research, Inc. and/or Wavefront Technologies, Inc., or by tipping others so that they could purchase those securities, shortly before the February 7, 1995 announcement of a proposed acquisition by Silicon Graphics, Inc. of Alias Research, Inc. and Wavefront Technologies, Inc. All defendants have consented to settle the action by agreeing to the entry of permanent injunctions and paying a total of $123,715.93 in disgorgement and penalties. The Complaint alleges that Joseph Evans, who was the senior corporate accountant at Wavefront and who assisted Silicon Graphics with due diligence in preparation for the three-way merger, tipped his brother, David Evans, and his friend, Gil Breakman. Following the tip, David Evans purchased Alias call options and agreed to share his profits with Joseph Evans, and Gil Breakman purchased Wavefront common stock. The Complaint also alleges that Gil Breakman then tipped Stephen Solomon, who purchased both Alias call options and Wavefront common stock for his account and for his daughter's account, and that Stephen Solomon caused a friend of his to purchase Alias call options and Wavefront common stock. The Complaint alleges that the four defendants and Solomon's friend who purchased Alias and Wavefront securities realized profits totalling $38,560.75. The Commission's suit, filed in the United States District Court for the Central District of California, alleges that the defendants violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Simultaneously with the commencement of the action, the defendants consented, without admitting or denying the allegations of the Complaint, to the entry of final judgments permanently enjoining them from violating Section 10(b) and Rule 10b-5. Joseph Evans agreed to pay a $20,000 civil penalty; David Evans agreed to pay $29,211.84, representing disgorgement of $14,100, prejudgment interest of $1,011.84 and a civil penalty of $14,100; Breakman agreed to pay $25,140.23, representing disgorgement of $633.75, prejudgment interest of $45.48 and a civil penalty of $24,461; and Solomon agreed to pay $49,363.86, representing disgorgement of $23,827, prejudgment interest of $1,709.86 and a civil penalty of $23,827.