UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16100 / March 31, 1999 FINAL JUDGMENT ENTERED IN SECURITIES AND EXCHANGE COMMISSION v. JEFFREY NORTON, DONALD REYNOLDS, EDWARD MENSTER AND JOHN TARTAGLIA, 95 CIV. 4451 (SHS) (S.D.N.Y.) On March 8, 1999, a final judgment of permanent injunction was entered against John Tartaglia in SEC v. Norton et al, No. 95 Civ. 4451 (S.D.N.Y.). The judgment permanently enjoins Tartaglia from future violations of Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Exchange Act of 1934, and Rule 10b-5 thereunder. In connection with the settlement of this matter, Tartaglia agreed to pay a $10,000 civil penalty. Tartaglia neither admitted nor denied the allegations of the Commission's complaint for purposes of the settlement. On June 14, 1995, the Commission filed a complaint alleging, in relevant part, that defendants Jeffrey Norton, Donald Reynolds, and John Tartaglia induced Harold Thurman to deposit one million dollars into an escrow account controlled by an escrow holder at a New York City law firm to facilitate the purchase of "prime bank notes." The complaint did not allege that Tartaglia was a party to the escrow agreement. The complaint further alleged that the prime bank note transaction never occurred and that Norton instructed the escrow holder to wire Thurman's funds out of the escrow account, which Norton then misappropriated for his own personal use. The Commission has previously obtained judgments against Norton and Reynolds. A permanent injunction was entered against Norton, who was ordered to disgorge approximately $824,000 in ill-gotten gains that he had misappropriated from Thurman. A civil penalty was not imposed based on Norton's financial inability to pay. A default judgment was also previously entered against Reynolds. During the litigation, Tartaglia filed a motion to dismiss the Commission's complaint which the court granted in part and denied in part, on the grounds that one aspect of the alleged fraudulent transaction was not "in connection with" the purchase or sale of a security, although matters relating to the parties' escrow agreement were. Tartaglia also filed a summary judgment motion. The court denied this motion with respect to liability finding that there were issues of material fact regarding Tartaglia's involvement in the escrow transaction, but granted the motion with respect to the disgorgement claim because Tartaglia did not receive any of Thurman's funds.