Litigation Release No. 19893 / October 30, 2006

SEC v. Philip Evans and Paul Evans, Case No. CV-05-1162-PK (District of Oregon)

Court Enters Final Judgment, by Consent, Against Philip Evans

On October 27, 2006, United States Magistrate Judge Paul Papak of the United States District Court for the District of Oregon entered the Final Judgment as to Defendant Philip Evans, based on Philip Evans' Consent to the Final Judgment submitted to settle the Securities and Exchange Commission's case against him.

The Final Judgment, to which Philip Evans consented without admitting or denying the Commission's allegations, enjoins him from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Final Judgment further orders Philip Evans to disgorge $37,537 in trading profits (or losses avoided) by him and by his mother, with prejudgment interest, and provides that no civil penalty was ordered based on Philip Evans' sworn representations about his financial condition.

The Commission's complaint, filed in 2005, alleges that Philip Evans traded securities of his former employer, Merix Corporation, based on inside information and tipped other persons. The Commission's case against Philip Evans' brother, Paul Evans, remains pending before the Court.

For more information, see Litigation Release No. 19312 (July 26, 2005).