SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 16074 / March 2, 1999 SEC v. Stevan A. Birnbaum, Civil Action No. 99-02209ER (AJX)(C.D. Cal. March 2, 1999) The Securities and Exchange Commission today filed an injunctive action against Stevan A. Birnbaum in the U.S. District Court for the Central District of California. The complaint alleges that Birnbaum engaged in insider trading in advance of a July 1995 announcement that Sandoz, Ltd. was making a cash tender offer for the securities of Genetic Therapy, Inc. Without admitting or denying the allegations of the complaint, Birnbaum consented to the entry of a final judgment permanently enjoining him from violating Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. The final judgment requires Birnbaum to pay a total of $307,720, including disgorgement, prejudgment interest and a civil penalty. The complaint alleges that when Sandoz and GTI were engaged in nonpublic preliminary merger negotiations, Birnbaum received material nonpublic information regarding the negotiations from a GTI board member on a confidential basis. Between May 30, 1995 and July 7, 1995, only days before the public announcement of Sandoz's tender offer for GTI's securities, Birnbaum purchased GTI stock for his personal account, and in his children's trust accounts. Birnbaum received unlawful trading profits of $83,528 for these transactions. In addition, Birnbaum recommended GTI to his fiancee and a private investment partnership in which Birnbaum held a 8.5% interest. Birnbaum's recommendations resulted in profits of $92,548. In settling this matter, Birnbaum has agreed to disgorge his own profits, the profits of his fiancee and the partnership, and to pay prejudgment interest of $48,116 and a civil penalty of $83,528.