-------------------- BEGINNING OF PAGE #1 ------------------- SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 14655 / September 28, 1995 SEC v. NICHOLAS CROCE, FRANK CROCE, FRANK SANITATE, JEFF GODINO, RICHARD A. HAIK, ALPHONSE MERCURIO, and BOB M. HUISENGA, Civil Action No. 95-Civ. 8314 (KMW) (S.D.N.Y. September 28, 1995) The Securities and Exchange Commission today filed an action against seven defendants alleging that they committed insider trading by purchasing the securities of Grumman Corporation, or by tipping others so that they could purchase Grumman securities, shortly before the March 7, 1994 announcement of a tender offer by Martin Marietta Corporation for Grumman's outstanding shares. The Complaint filed in the action also alleges that the defendants were responsible for trading by seven other individuals, and seeks disgorgement of all profits, as well as penalties and other relief. The complaint alleges that Nicholas Croce, a Grumman employee directly involved in due diligence meetings in preparation for the merger, tipped his brother Frank Croce, also a Grumman employee, and that Frank Croce then tipped their cousin Frank Sanitate, who purchased Grumman securities himself and tipped defendants Jeff Godino, Richard A. Haik, Alphonse Mercurio and Bob M. Huisenga, as well as Lawrence M. Mathe, who was a defendant in an earlier Commission action. The complaint alleges that Frank Sanitate, his five tippees, and six other people to whom these tippees recommended Grumman securities, all of whom were in the apparel industry, realized gains totalling more than $640,000. The Commission filed suit in the United States District Court for the Southern District of New York alleging that the defendants violated Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. Simultaneously with the commencement of the action, the defendants consented, without admitting or denying the allegations of the Complaint, to the entry of final judgments permanently enjoining them from violating Sections 10(b) and 14(e) and Rules 10b-5 and 14e-3. Mercurio agreed to pay $52,672, representing disgorgement of $24,937, prejudgment interest of $2,798 and a civil penalty of $24,937; Haik agreed to pay $88,142, representing disgorgement of $79,250 and prejudgment interest of $8,892; Huisenga agreed to pay $63,400, representing disgorgement of $42,875, prejudgment interest of $5,525 and a civil penalty of $15,000; Godino agreed to pay disgorgement of $25,000; Sanitate agreed to pay disgorgement of $36,000; Frank Croce agreed to pay disgorgement of $10,000; and Nick Croce agreed to pay disgorgement of $20,000. Previously, the Commission brought an action, by consent, against Lawrence M. Mathe based on his trading in and recommendation of Grumman securities. Mathe agreed to pay $265,313, representing profits from the transactions complained of, $14,172 in prejudgment interest, and $30,000 as a civil penalty. SEC v. Lawrence M. Mathe, No. 94 Civ. 9129 (S.D.N.Y. December 21, 1994) The Commission acknowledges the assistance of the Chicago Board Options Exchange in investigating this matter.