==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Litigation Release No. 15341 / April 21, 1997 SECURITIES AND EXCHANGE COMMISSION v. STANLEY J. FEMINELLA and DAVID W. GRANSTON, United States District Court for the Southern District of New York, No. 96 Civ. 336 (AGS). The Securities and Exchange Commission announced that on April 15, 1997, the United States District Court for the Southern District of New York entered a final judgment against defendant Stanley J. Feminella, which ordered Feminella to pay a civil penalty of $100,000 and permanently enjoined him from violating specified antifraud provisions of the federal securities laws. Feminella consented to the entry of the judgment without admitting or denying the allegations of the Commission's complaint. He also consented to the entry of an administrative order permanently barring him from association with any broker, dealer, municipal securities dealer, investment adviser, or investment company. The order was entered on April 21, 1997. Stanley J. Feminella, Sec. Exch. Act Rel. No. In its complaint, filed on January 18, 1996 (Lit. Rel. No. 14786 (Jan. 18, 1996)), the Commission alleged that Feminella, a former stockbroker, paid kickbacks to David Granston, the former chief financial officer of Consumers Union of United States, Inc., to ensure that Granston continued to direct Consumers Union's securities trading business to him. It alleged further that, unbeknownst to Granston, Feminella caused Consumers Union to pay excessive markups, ranging from 3.5 percent to 4.7 percent, on its purchases of $38.5 million in Ginnie Mae mortgage-backed securities and Treasury STRIPS (which ranged in size from $107,000 to more than $3 million). Granston, who was also named as a defendant, settled with the Commission when the action was commenced, consenting to the issuance of a permanent prohibitory injunction and agreeing to pay a penalty of $10,000. Lit. Rel. No. 14939 (June 7, 1996). Feminella undertook to litigate the case and moved unsuccessfully to dismiss the complaint. S.E.C. v. Feminella, 947 F. Supp. 722 (S.D.N.Y. 1996). In a related criminal action, Granston pled guilty in early 1994 to a single count of wire fraud for paying kickbacks to Feminella. U.S. v. Granston, 93 Cr. 979 (CLB)(S.D.N.Y. 1993). In a related administrative proceeding, Lehman Brothers Inc. (as successor to Shearson Lehman Brothers Inc., Feminella's former employer) consented to the issuance of an order finding that Shearson had failed to supervise Feminella with a view toward preventing his causing Consumers Union to pay excessive markups, and ordering Lehman Brothers to pay a penalty of $50,000. Lehman Brothers Inc., as successor to Shearson Lehman Brothers Inc., ==========================================START OF PAGE 2====== Sec. Exch. Act Rel. No. 37673 (Sept. 12, 1996). Separately, Consumers Union reached private settlements related to this matter with Feminella, Granston, and others.