SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 14890 / April 25, 1996 SECURITIES AND EXCHANGE COMMISSION v. ROSEANN MARTUCCI, JAY R. HARTMAN, and GARR MANAGEMENT SERVICES, INC., U.S. District Court for the Southern District of New York, 96 Civ. 3030 (PKL) (S.D.N.Y. 1996) The Commission today filed a complaint alleging that Roseann Martucci, Jay R. Hartman, and Garr Management Services, Inc., a company owned in part by Roseann Martucci ("Martucci") and Jay R. Hartman ("Hartman"), engaged in unlawful insider trading after they obtained confidential information misappropriated from a law firm in violation of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5 and 14e-3 promulgated thereunder. According to the Commission's Complaint, between August and October 1992, Sheri I. Kleinbaum, a law firm employee, learned, in the course of her employment, that two clients of the law firm, Snap-on Tools Corporation and Ball Corporation, planned to acquire Sun Electric Corporation and Heekin Can Corporation, respectively. This information was material and nonpublic. The Complaint alleges that in each instance, shortly after learning this information, Sheri Kleinbaum communicated the information to her stepmother, who in turn tipped Martucci. The Complaint further alleges that although Martucci knew or should have known that this information was provided in breach of a duty of confidentiality, Martucci nevertheless tipped her business associates, Hartman and the late Raymond G. Jerro. Each of the defendants and Jerro purchased the common stock of Sun Electric and Heekin Can prior to public announcements that each was to be acquired. According to the Complaint, Martucci also recommended the securities of Sun Electric to a close personal friend, who also purchased Sun Electric common stock. Martucci, Hartman and Garr Management Services realized profits of $14,118.14, $11,512.04, and $38,430.90, respectively. As a group, Martucci and all her tippees realized total profits of $111,478.86. In its Complaint, the Commission requests that the Court: (1) permanently enjoin each of the defendants from violating Sections 10(b) and 14(e) of the Exchange Act and Rules 10b-5 and 14e-3 thereunder; (2) order the defendants to disgorge their and any of their tippees' trading profits plus prejudgment interest; and (3) impose a civil penalty pursuant to the Insider Trading and Securities Fraud Enforcement Act. ==========================================START OF PAGE 2====== The Commission previously instituted and settled an action against Sheri I. Kleinbaum, her stepmother and her father. SEC v. Sheri I. Kleinbaum, et al., 95 Civ. 1963 (PKL) (S.D.N.Y. 1995). See Litigation Release No. 14447 (March 23, 1995). The Commission acknowledges the assistance of The New York Stock Exchange in this matter.