-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14730 / November 27, 1995 Securities and Exchange Commission v. Robert Sayegh 89 Civ. 0572 (JFK), U.S.D.C., S.D.N.Y. --------- FOOTNOTES --------- The Securities and Exchange Commission announced today that on November 1, 1995, the Honorable John F. Keenan, of the United States District Court for the Southern District of New York, permanently enjoined Robert Sayegh ("Sayegh") from further violations of Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5 promulgated thereunder. After a two week bench trial, Judge Keenan made findings that Sayegh violated Section 10(b) of the Exchange Act and Rule 10b-5 between October 1987 and February 1989, in connection with his participation in the scheme, by various partners and employees of the now defunct brokerage firm, Moore & Schley Cameron & Co. ("Moore & Schley"), to artificially manipulate the American Depositary Receipts ("ADRs") of an Irish company, Institute of Clinical Pharmacology ("ICP"). Judge Keenan found that Sayegh maintained the price of ICP at an artificially high level for a period of sixteen months by the use of numerous deceptive devices, including "accumulating significant quantities of ICP ADRs, ordering the ADRs placed in the accounts of customers whom he knew would not pay for them, refusing to execute sell orders for ICP and using nominees, or "beards," to create the illusion of heightened demand for the securities. Finally, Judge Keenan ordered Sayegh to disgorge his unlawful gain from the ICP ADR manipulation, the amount of which is to be determined based upon an audit performed by a Court- appointed accountant.