==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. Litigation Release No. 15221 / January 21, 1997 SECURITIES AND EXCHANGE COMMISSION V. CHARLES BRUMFIELD, JOSEPH BRUMFIELD, ROBERT ALLEN, WILLIAM MYLETT, JOSEPH PENNA, JOSEPH CUSIMANO, ALFRED VOLPE, JAMES GALANTE, THOMAS ALGER, JOHN O'BRIEN, LAWRENCE FRIEDMAN, ROBERT FLANAGAN, THOMAS FLANAGAN, SHARON SEIDEN, WARREN SMITH, JOHN LYNCH, AND ALBERT BRODY, United States District Court for the Southern District of New York, Civ. Action No. 95-9283 (JES). On January 14, 1997, the United States District Court for the Southern District of New York entered Final Judgments of Permanent Injunction and Other Equitable Relief against Thomas Alger and William Mylett for violations of the federal securities laws in connection with trading in one or more of four AT&T acquisition targets -- Paradyne Corporation, NCR Corporation, Digital Microwave Corporation, and Teradata Corporation -- while in possession of material, non-public information. Without admitting or denying the allegations in the Complaint, Alger consented to the entry of an injunction, disgorgement of his profits of $76,744.34, plus prejudgment interest, and a civil penalty of $76,744.34; and Mylett consented to the entry of an injunction and a judgment requiring him to pay disgorgement of $369,434.52, plus prejudgment interest, but waiving payment of all but $68,000, based upon his demonstration of inability to pay. The Commission's Complaint, filed on October 31, 1995, alleges that during the period from December 1988 to late 1991, Alger, who worked in the Human Resources Department of AT&T, received material, non-public information from his friend and colleague Charles Brumfield (who was at the time a Vice President in AT&T's Human Resources Department) about AT&T's acquisition plans regarding four target companies. Alger traded in the securities of Paradyne while in possession of the non-public information, tipped other defendants regarding AT&T's plans to acquire NCR, Digital, and Teradata, and arranged for several of his tippees to trade in the securities of the target companies for him and make payments of profits back to him, which Alger then divided between himself and Brumfield. Alger, who cooperated with the Government in a related criminal case, pled guilty earlier to one count of conspiracy to commit securities fraud, wire fraud, and obstruction of agency proceedings and was sentenced to three years probation, 300 hours of community service, and a $1,000.00 fine. The Commission's Complaint also alleges that during the period of December 1988 to the spring of 1991, Mylett received ==========================================START OF PAGE 2====== material, non-public information from his friend Charles Brumfield about AT&T's acquisition plans regarding Paradyne, NCR, and Digital, traded in the securities of these three companies while in possession of non-public information, and made payments back to Charles Brumfield from the profits he obtained. Mylett earlier pled guilty in a related criminal case to one count of conspiracy to commit securities fraud, wire fraud, and obstruction of agency proceedings and was sentenced to five months in prison, five months home detention, and two years supervised release. Litigation with respect to the remaining defendants is continuing. Related Releases: L.R. 14706, L.R. 14779, L.R. 14956, L.R. 15180