-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 14727 / November 24, 1995 --------- FOOTNOTES --------- SECURITIES AND EXCHANGE COMMISSION v. DONALD J. BAINTON AND JOHN R. CURTIN, 94 Civ. 0439 (MP) The Securities and Exchange Commission (the "Commission") announced that on November 15, 1995, the Honorable Milton Pollack, of the United States District Court for the Southern District of New York, ordered the entry of final consent judgments of permanent injunction and other equitable relief against Donald J. Bainton ("Bainton") and John R. Curtin ("Curtin"). In a complaint filed on January 18, 1994, the Commission alleged that Bainton, the president and chief executive officer of Continental Can Company, Inc., formerly known as Viatech, Inc., communicated material, nonpublic information relating to a negative earnings announcement to be made by Viatech to his long time friend, Curtin. Curtin was alleged to have sold Viatech securities while in possession of this information. Curtin, who is president of WWF International, Inc., a private paper trading company in Greenwich, Connecticut, consented to the entry of a final judgment permanently enjoining him from violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 thereunder, without admitting or denying the allegations contained in the Commission's complaint. The final judgment orders Curtin to pay $49,084.23 in disgorgement, prejudgment and post-judgment interest, and a civil penalty under the Insider Trading and Securities Fraud Enforcement Act of 1988 ("ITSFEA") of $39,607.50, which includes post-judgment interest. Bainton consented to the entry of a final judgment permanently enjoining him from violating Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, without admitting or denying the allegations contained in the Commission's complaint. Bainton consented to the entry of the final judgment following the start of the trial in this matter, which began on November 14, 1995. The final judgment orders Bainton to pay a civil penalty of $30,000 under the ITSFEA. (See Litigation Release No. 13949 for a further description of the allegations contained in the Commission's complaint.)