UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15605 / December 23, 1997 SECURITIES AND EXCHANGE COMMISSION v. EMANUEL PINEZ, Civil Action No. 97- 10353 (PBS) (D. Massachusetts, filed February 14, 1997). The Securities and Exchange Commission announced that the Honorable Patti B. Saris of the U.S. District Court for the District of Massachusetts granted the Commission's motion to continue the freeze of the assets of Emanuel Pinez ("Pinez"), the former chief executive officer of Centennial Technologies, Inc. ("Centennial"), including the profits from his illegal options trading currently held by relief defendant Lehman Brothers, Inc. ("Lehman"). The Commission previously had amended its Complaint against Pinez by adding Lehman as a relief defendant. Lehman had asserted a claim against the proceeds, seeking repayment for margin loans that Lehman made to Pinez under a margin agreement. The Commission sought to freeze Pinez's assets for disgorgement to investors who were defrauded by Pinez's alleged insider trading. The preliminary injunction prohibits Lehman from asserting its claim over the $4.69 million of illicit profits. The Court found that Lehman had "actual knowledge of highly suspicious circumstances" relating to Pinez's trades, and therefore was not a "bona fide" purchaser entitled to the proceeds of those transactions. In support of its decision, the Court noted that Lehman was aware of several suspicious circumstances which required them to make a reasonable inquiry into the trading. The Court held, "[t]he SEC has produced strong credible evidence to establish that Lehman was not acting in good faith when it purchased and sold 5400 option securities for Pinez's margin account on February 7, 1997. At that time, Lehman had actual knowledge of facts, which upon reasonable inquiry, would have clearly revealed Pinez's violation of the securities laws... With so much money at stake, Lehman disregarded suspicious circumstances and played ostrich to protect the collectibility of its ever growing margin indebtedness. Centennial was just a phone call, e-mail, or fax away." The Court declined to preliminarily enjoin Pinez from future securities laws violations, but did not foreclose the Commission from seeking a permanent injunction against Pinez at the conclusion of the Commission's suit against him. In choosing not to grant a preliminary injunction, the Court reasoned that Pinez's "current circumstances," as an "ousted" Centennial officer and board member who is awaiting trial in an institution where non-privileged calls are recorded, make it very unlikely that Pinez can trade in Centennial securities on the basis of inside information, "at least prior to trial." "In any event," the Court concluded, "the asset freeze prohibits Pinez from ======END OF PAGE 1====== trading through any offshore or nominee accounts he controls directly or indirectly." The investigation in this matter is continuing. (For further information, See Litigation Release Nos. 15258, 15295, 15399, 15405 and 15548.) ======END OF PAGE 2======