==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15110 / October 4, 1996 Accounting and Auditing Enforcement Release No. 841 / October 4, 1996 Securities and Exchange Commission v. Anthony Sarivola, et al. (U.S.D.C. - S.D.N.Y.) 95 Civ. 9270 (RPP) The Securities and Exchange Commission ("Commission") announced the entry on September 26, 1996 of final judgments on consent against Anthony Sarivola and Donna Sarivola. The defendants neither admitted nor denied the allegations in the Commission's Complaint, which was filed on October 31, 1995. Both defendants were permanently enjoined from future violations of certain antifraud, corporate reporting, and books and records provisions of the federal securities laws. Anthony Sarivola also was enjoined from violating the registration provisions of the Securities Act of 1933 ("Securities Act") and the credit extension provisions of the Securities Exchange Act of 1934 ("Exchange Act"). Anthony Sarivola was ordered to disgorge $1,685,000 plus prejudgment interest thereon, representing gains from the conduct alleged in the Commission's Complaint, and was ordered to pay civil penalties in the amount of $600,000 pursuant to the Securities Enforcement Remedies and Penny Stock Reform Act of 1990 ("Remedies Act"). No civil penalties pursuant to the Remedies Act were assessed against Donna Sarivola based on her demonstrated inability to pay. Both defendants were barred from serving as officers or directors of a public company. The Commission's Complaint alleged as follows: Beginning in or about October 1991 and continuing until at least July 1992, Anthony Sarivola masterminded a scheme to inflate artificially the reported assets of Leona Enterprises, Inc. and other related corporations which were secretly under his control (collectively "the Sarivola Companies"). Anthony Sarivola also concealed his control of the companies in order to avoid disclosing his prior record of securities violations and criminal fraud charges. In furtherance of the scheme, Anthony Sarivola and Donna Sarivola falsified books and records of the Sarivola Companies and provided fraudulent documents to an independent auditor. The scheme enabled Anthony Sarivola and others to profit from the unlawful offer and sale of securities of the Sarivola Companies. Anthony Sarivola and Donna Sarivola were both permanently enjoined from future violations of Section 17(a) of the Securities Act, Sections 10(b), 13(b)(2), 13(d) and 15(d) of the Exchange Act and Rules 10b-5, 12b-20, 13b2-1, 13b2-2, 13d-1, 15d- 1, and 15d-11 thereunder. Anthony Sarivola was also permanently enjoined from future violations of Section 5 of the Securities Act, Section 7(f) of the Exchange Act and Regulation X ==========================================START OF PAGE 2====== promulgated by the Board of Governors of the Federal Reserve System. On September 30, 1996, in an administrative proceeding pursuant to Section 15(b)(6) of the Exchange Act, Anthony Sarivola consented to the issuance of an Order Instituting Proceedings, Making Findings, and Imposing Remedial Sanctions ("Order") without admitting or denying the Commission's findings. The Order makes findings that, during the relevant period, the price of Leona common stock was less than five dollars per share, and Leona did not have net tangible assets in excess of $2 million or average revenue of $6 million for a three-year period. The Order bars Anthony Sarivola from participating in any offering of penny stock.