-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 14786 / January 18, 1996 SECURITIES AND EXCHANGE COMMISSION v. STANLEY J. FEMINELLA and DAVID W. GRANSTON, United States District Court for the Southern District of New York, Civil Action No. 96-CV-0336 (AGS)(S.D.N.Y.). The Securities and Exchange Commission announced today that it filed a Complaint in the United States District Court for the Southern District of New York against Stanley J. Feminella, a former stockbroker, and David W. Granston, formerly chief financial officer of Consumers Union of United States, Inc. ("CU"). The Complaint alleges that Feminella paid kickbacks to Granston for directing to him CU's investment business in government securities and related securities derivatives. According to the Complaint, from March 1984 through February 1991, Granston caused CU and its pension fund to buy through Feminella at least $92 million in government securities and related derivatives. The Complaint alleges that beginning no later than May 1985 and continuing for a period of years, Feminella secretly paid Granston a portion of the compensation he earned on the securities transactions directed to him by Granston to ensure that Granston would continue to funnel this lucrative business to him. The Complaint charges that, in engaging in this kickback scheme, Feminella violated section 17(a) of the Securities Act of 1933, and both Feminella and Granston violated section 10(b) of the Securities Exchange Act of 1934, and Exchange Rule 10b-5. The Complaint further charges that Feminella also violated section 17(a) of the Securities Act and section 10(b) of the Exchange Act and Rule 10b-5 when he caused CU and its pension fund to pay excessive markups, which ranged from 3.54 percent to 4.73 percent, on $38.5 million in government securities purchased through him in thirty-three transactions between November 1988 through February 1991. The Complaint seeks permanent injunctions against future violations, disgorgement of ill-gotten gains, and money penalties against Feminella and Granston for the fraudulent conduct alleged.