==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14885 / April 19, 1996 SECURITIES AND EXCHANGE COMMISSION v. GARY HOWARD FELSHER, IHOR G. KUPCHYNSKY, KIM BUBOLO, RICHARD D. ZIPES, JAMES A. WEIL, RONALD A. LEICHTNER, GEORGE KUPCHYNSKY, ROMAN KUPCHYNSKY, JASON COHEN, AND JON TURNQUIST, 94 Civ. 4150 (LLS) The Commission announced today that the United States District Court for the Southern District of New York entered final judgments against defendants Ihor G. Kupchynsky, Roman Kupchynsky and Kim Bubolo permanently enjoining each of them from future violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. The final judgments order a total of $48,440.50 in disgorgement plus prejudgment interest, of which defendants Ihor Kupchynsky and Kim Bubolo are jointly and severally liable for $8,175.39. The final judgments also order defendants Ihor Kupchynsky and Kim Bubolo to pay civil penalties totaling $6,627.09 under the Insider Trading and Securities Fraud Enforcement Act of 1988. These defendants each consented to the entry of the final judgment against him or her without admitting or denying the allegations in the Complaint, as amended. The final judgments were entered by the court on December 10, 1995, and on February 6, and April 1, 1996, respectively. To date in this action, the court has ordered a total of $1,262,928.15 in disgorgement, prejudgment interest and penalties. Any disgorgement and prejudgment interest paid by defendants is being held by the court for the benefit of persons who submit valid claims arising under the federal securities laws by reason of the conduct alleged against these defendants in the Complaint, as amended. Such claims must be submitted within one year after the date of entry of each final judgment. The Commission intends to petition the court to appoint a special claims master to develop a distribution plan. In this action, the Commission alleges that, on or before June 6, 1989, defendant Ihor Kupchynsky learned of a planned tender offer for Colorado Prime Corp. ("Colorado Prime") and communicated that information to, among others, defendant Kim Bubolo. Defendants Ihor Kupchynsky and Kim Bubolo then purchased Colorado Prime securities on or about June 6, 1989, while in possession of this material, nonpublic information. The Commission also alleges that, on or about October 30, 1989, defendant Richard D. Zipes misappropriated material, nonpublic information concerning a planned tender offer for DeSoto, Inc. ("DeSoto"). Defendant Zipes allegedly communicated that information to defendant Ihor Kupchynsky, who then allegedly tipped, among others, defendants Roman Kupchynsky and Kim Bubolo. While in possession of the misappropriated information, ==========================================START OF PAGE 2====== - 2 - defendants Ihor Kupchynsky, Roman Kupchynsky and Kim Bubolo purchased DeSoto securities prior to public announcement of the tender offer on November 9, 1989. The litigation is pending as to defendant George Kupchynsky. For further information, see Litigation Release No. 14115 (Jun. 7, 1994) and Litigation Release No. 14738 (Nov. 28, 1995).