==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington D.C. LITIGATION RELEASE NO. 15346 / April 23, 1997 SECURITIES AND EXCHANGE COMMISSION V. MICHAEL BORLINGHAUS, JOSEPH LATONA, LEONARD BELLEZZA, JEFFREY F. GREEN, JOSEPH P. GREENWALD, and HEINZ GREIN, 95 Civ. 1520 (S.D.N.Y.) (JFK) The Securities and Exchange Commission announced that on March 3, 1997, the United States District Court for the Southern District of New York entered a Final Consent Judgments of Permanent Injunction and Other Relief against Joseph Latona and Jeffrey F. Green. According to the Commission's Complaint, filed on March 6, 1995, Latona and Green, both securities traders, engaged in insider trading by purchasing the stock of Motel 6, L.P., and Norton Co. while in possession of material, nonpublic information concerning planned tender offers for those companies. According to the Commission's complaint, the original source of the Motel 6 information was a company officer, Hugh Thrasher, who disclosed the information to Carl Harris. Harris disclosed the information to Gregg Shawzin who tipped John Anderson. Anderson tipped his friend, Joseph P. Greenwald, who thereafter tipped Green and Latona. The Commission previously charged Thrasher, Shawzin, Anderson, Greenwald, and others with insider trading in connection with Motel 6 securities. SEC v. Thrasher, et al., 92 Civ. 6987 (JFK) (S.D.N.Y. 1992). The Commission alleges that the original source of the Norton information was a paralegal working on the proposed deal at a law firm which represented the financial advisor to the company making the tender offer. Leonard Bellezza, who had been tipped by a friend, thereafter tipped Heinz Grein and Michael Borlinghaus, who tipped Latona, who tipped Greenwald. Greenwald then tipped Green. Bellezza, Grein, Borlinghaus, Latona, and Green are all defendants in SEC v. Borlinghaus. The consent judgments permanently enjoin Green and Greenwald from further violations of the antifraud provisions of the federal securities laws (specifically, Sections 10(b) and 14(e) of the Securities Exchange Act of 1934, and Rules 10b-5 and 14e-3 promulgated thereunder). Latona's final judgment orders him to disgorge profits of $3,238,486, plus prejudgment interest on that amount. However, all but $457,000 of the disgorgement and prejudgment interest is waived based on Latona's demonstrated inability to pay. Also based on Latona's inability to pay, a civil penalty was not imposed. Green's final judgment orders him to disgorge profits of ==========================================START OF PAGE 2====== $421,261, plus prejudgment interest on that amount. All but $179,800 of the disgorgement and prejudgment interest is waived based on Green's demonstrated inability to pay. Also based on Green's inability to pay, a civil penalty was not imposed. Latona and Green also each consented to the entry of an administrative order barring each from association with any broker, dealer, investment company, investment adviser or municipal securities dealer.