U.S. SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. LITIGATION RELEASE NO. 16090 / March 18, 1999 Securities and Exchange Commission v. Marisa Baridis, et al., 98 Civ. 8535 (JSM) (S.D.N.Y.) Securities and Exchange Commission v. Howard Boyar, 99 Civ. 2008 (JSM) (S.D.N.Y.) BROKERS SETTLE INSIDER TRADING CASE The Securities and Exchange Commission today announced that Jeffrey L. Streich, the remaining defendant in the Commission’s insider trading case filed on December 3, 1998, has settled the Commission’s charges against him. The Commission’s Complaint in that matter alleged insider trading by Streich and others in advance of public announcements concerning the securities of thirteen publicly traded companies. The Complaint alleged that Streich received tips concerning these companies from Marisa Baridis, a former employee in the compliance departments of two Wall Street investment firms who had access to material nonpublic information concerning the firms’ clients. The Complaint also alleged that Streich tipped at least ten other persons, and that he engaged in a free-riding scheme whereby he purchased stock without paying for it and without enough cash to buy it on margin. See SEC v. Marisa Baridis et al., 98 Civil No. 8535 (JSM)(S.D.N.Y.). Streich consented, without admitting or denying the Commission’s allegations, to the entry of a Final Judgment permanently enjoining him from violating Sections 7(f), 10(b) and 14(e) of the Securities Exchange Act of 1934 ("Exchange Act"), Rules 10b-5 and 14e-3 thereunder, and Regulation X of the Federal Reserve Board Regulations, and ordering him to disgorge his and his tippees’ trading profits of $1,039,970, plus prejudgment interest. Based on his demonstrated inability to pay, disgorgement was waived. As an additional part of the settlement, Streich consented to the entry of a Commission Order barring him from association with any broker, dealer, municipal securities dealer, investment adviser or investment company. The Order, which the Commission entered today, is based on Streich’s earlier criminal conviction in New York State Supreme Court of two felony counts relating to his theft of securities from a brokerage customer and his possession of a forged margin account agreement with knowledge that it was forged and with the intent to defraud. In addition, the Commission today filed a Complaint in the United States District Court for the Southern District of New York against Howard Boyar of New York, New York. The Complaint alleges that Boyar engaged in insider trading in advance of public announcements concerning the securities of eight publicly traded companies: Owen Healthcare, Inc.; Health Images, Inc.; OnTrak Systems, Inc.; Ocean Energy Inc.; Integon Corp.; Reading & Bates Corp.; Rohr Inc.; and Georgia-Pacific Corp. According to the Complaint, Boyar, who was a registered representative, received tips containing material nonpublic information concerning these companies from his friend Streich. The Complaint alleges that Boyar realized trading profits of $156,050 based on these tips, and his brokerage customers collectively realized $51,881 in profits in trades recommended by him. The Complaint also alleges that Boyar paid Streich about $10,000 in cash from his illegal profits. Simultaneous with the filing of the Complaint, Boyar consented, without admitting or denying the allegations in the Complaint, to the entry of a Final Judgment enjoining him from future violations of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and requiring him to disgorge illegal trading profits of $207,931, plus prejudgment interest. Based on his demonstrated inability to pay, disgorgement was waived. As an additional part of the settlement, Boyar has consented to the entry of a Commission Order barring him from association with any broker, dealer, municipal securities dealer, investment adviser, or investment company. In a related criminal case, Boyar earlier pleaded guilty in New York Supreme Court to state charges of insider trading. He is currently awaiting sentencing. The Commission previously has issued a number of releases concerning these and other related matters. See Lit. Rel. No. 15741 (May 15, 1998); Securities Exchange Act Rel. No. 40787 (Dec. 14, 1998); Securities Exchange Act Rel. No. 40788 (Dec. 14, 1998); Lit Rel. No. 15990 (Dec. 3, 1998). The Commission acknowledges the assistance provided by the U.S. Attorney for the Southern District of New York, the District Attorney for New York County, the New York Stock Exchange, the American Stock Exchange, and the Pacific Exchange, Inc. The Commission’s investigation in this matter is continuing.