==========================================START OF PAGE 1====== U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15002 / August 6, 1996 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 filed a Complaint on August 5, 1996, in Federal Court in Los Angeles, California against Roger D. Wyatt, of Houston, Texas, and David L. Holewinski, of Yardley, Pennsylvania, alleging insider trading in connection with their sales of Chantal Pharmaceutical Corporation stock in February 1993. The sales 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. Chantal's joint venture with Upjohn was its sole source of income at the time. As a result of Wyatt's trading, the Complaint alleges that he avoided losses of $21,963. The Complaint also alleges that Wyatt's tippee, Holewinski, avoided losses of $28,162.80. The Commission alleges in its Complaint 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. The Complaint further alleges that Wyatt conveyed this information to 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 Commission's Complaint against Wyatt and Holewinski seeks a permanent injunction from future violations of the antifraud provisions of the securities laws and disgorgement of losses avoided with prejudgment interest thereon. The Complaint also seeks disgorgement from Wyatt for the amount of Holewinski's losses avoided with prejudgment interest. Finally, the Complaint seeks civil penalties from both Wyatt and Holewinski of up to three times the amount of losses they avoided. The Commission acknowledges the assistance of the NASD in pursuing this matter.