==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington D.C. LITIGATION RELEASE NO. 15208 / January 6, 1997 SECURITIES AND EXCHANGE COMMISSION v. EDWARD R. DOWNE, JR., STEVEN A. GREENBERG, MARTIN E. REVSON, DAVID SALAMONE, FRED R. SULLIVAN, THOMAS WARDE, MILTON WEINGER, and BROADSWORD, LTD., 92 Civ. 4092 (SAS) (S.D.N.Y.) The Securities and Exchange Commission (the "Commission") announced that on December 26, 1996, the Honorable Shira A. Scheindlin, United States District Judge for the Southern District of New York, ordered the entry of a Final Judgment of Permanent Injunction and Other Relief As To Milton Weinger By Consent ("Final Judgment"). Milton Weinger ("Weinger") consented to the entry of the Final Judgment, which permanently enjoins Weinger from violating Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 (the "Exchange Act"), and Rules 10b-5 and 14e-3 thereunder, without admitting or denying the allegations contained in the Commission's complaint. The Final Judgment orders Weinger to pay $316,497.84, representing disgorgement of illicit trading profits obtained by Weinger and his customers, commissions realized by Weinger on illicit trades, and prejudgment interest thereon. In addition, the Final Judgment orders Weinger to pay a civil penalty in the amount of $6,650.00. The Commission's complaint alleges, among other things, that Edward R. Downe, Jr. ("Downe"), a New York businessman and one of Weinger's customers, exploited his access to material, confidential corporate information for his personal benefit and the benefit of his family and friends. Weinger, a registered representative at Oppenheimer & Co., Inc., was the broker for accounts held by Downe and his son (the "Downe Accounts"), as well as for numerous discretionary accounts of Downe's friends and relatives (the "Discretionary Accounts"). The complaint alleges that Downe made investment decisions for the Discretionary Accounts, and tipped and/or directed Weinger to place trades in the securities of at least five public companies: Kidde, Inc.; Bear Stearns Companies, Inc.; Bally Manufacturing Corp.; Edgcomb Corp.; and Tyler Corp. The complaint alleges that Weinger ordered purchases of securities in some or all of these five issuers for each of the Discretionary Accounts, which in aggregate realized $2,120,679.56 in illicit profits as a result of those trades. Through those trades, and through other trades Weinger executed in the same securities for the Downe Accounts, Weinger received $89,056.69 in commissions. Weinger also realized $31,777 in illicit profits by purchasing certain of these securities for his own account. ==========================================START OF PAGE 2====== - 2 - On September 17, 1992, Weinger pleaded guilty in the United States District Court for the Southern District of New York to one count of violating 18 U.S.C.  1621, by committing perjury when testifying under oath before the Commission in its investigation in this matter. Weinger served his full sentence, which included ten months in prison. (See Litigation Releases Nos. 13260, 13858 and 14150 for a further description of the allegations contained in the Commission's complaint and related settlements).