SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15773 / June 9, 1998 SECURITIES AND EXCHANGE COMMISSION v. ROBERT FALBO, THERESA BILLINGS FALBO, LORRE MEADE, ANTHONY CAPRICUSO, MICHAEL NARDINO, MARK MUENSTER AND ERIC MUENSTER, Civil Action No. 92-CIV-6836-PKL (S.D.N.Y.) The Securities and Exchange Commission announced that it recently entered into settlements with Eric Muenster and Mark Muenster, two of the defendants in its insider trading case arising from the 1988 tender offer by Grand Metropolitan PLC for The Pillsbury Company. The Commission s complaint, filed on September 16, 1992, alleged that both Muenster brothers violated Sections 10(b) and 14(e) of the Securities Exchange Act of 1934, and Rules 10b-5 and 14e-3 promulgated thereunder, by purchasing Pillsbury call options before the tender offer was publicly announced and while possessing material nonpublic information about it. Without admitting or denying the Commission s allegations, Eric Muenster consented to entry of a final judgment that permanently enjoins him from violating these provisions of the federal securities laws and orders him to disgorge $42,678.02 in profits plus prejudgment interest in the amount of $53,889.14. Also without admitting or denying the Commission s allegations, Mark Muenster consented to entry of a final judgment that permanently enjoins him from violating the same provisions and orders him to disgorge $43,389.39 in profits plus prejudment interest in the amount of $54,279.03. Based on their demonstrated inability to pay, the disgorgement obligations of both Muensters were waived and no civil monetary penalties were imposed. The litigation is proceeding against the remaining defendants. In a related matter, the Commission on June 8, 1998 issued an administrative order barring Mark Muenster, who was formerly a broker in New York City, from association with any broker, dealer, investment company, investment adviser, or municipal securities dealer. The Commission s order, to which Mark Muenster consented, was based on entry of the court s injunction against him. ======END OF PAGE 1======