UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 14862 / April 4, 1996 SECURITIES AND EXCHANGE COMMISSION v. ATRATECH, INC., ANTHONY GURINO, VINCENT SORENA, PATRICK BORELLO, AUGUSTO AUFIERO, STANLEY KAPLAN, FRANCIS J. O'REILLY, AND RAYMOND STANKEY, 94 Civ. 6016 (LMM) (S.D.N.Y.) The Securities and Exchange Commission (the "Commission") announced that on March 28, 1996, the United States District Court for the Southern District of New York issued Final Consent Judgments of Permanent Injunction and Other Relief ("Final Judgments") against Vincent Sorena ("Sorena") and Augusto Aufiero ("Aufiero"), and on February 26, 1996, the Court issued a Judgment by Default against Atratech, Inc. ("Atratech"), a public plumbing company. The Commission's complaint alleged as follows: Sorena, Aufiero, and others engaged in a scheme to conceal from the public the fact that Atratech was secretly controlled by Anthony Gurino ("Gurino"), the owner of Arc Plumbing and Heating Company. Gurino had previously been barred from bidding for municipal works contracts by New York City and federal agencies because of his failure to disclose that he had been indicted for obstruction of justice in connection with an organized crime prosecution. By concealing Gurino's association with Atratech, Atratech fraudulently obtained approximately $18 million in public works contracts. Sorena and Aufiero, as chief executive officer and vice president of Atratech, respectively, participated in the fraud by, among other things, signing public filings that contained material misrepresentations and omissions concerning Gurino's control of the company. In addition, Atratech's financial statements and books and records were false and misleading. Among other things, they overstated accounts receivable and failed to disclose numerous related party transactions with Gurino and entities related to him. Further, during the period that Gurino's association with Atratech was concealed from the public, Sorena sold his Atratech stock and made profits of $245,558. Without admitting or denying the complaint's allegations, Sorena and Aufiero consented to the entry of the Final Judgments, which permanently enjoin them from violating Section 17(a) of the Securities Act of 1933 ("Securities Act"), Sections 10(b) and 13(a) of the Securities Exchange Act of 1934, and Rules 10b-5, 12b-20, 13b2-2 (Sorena only), 13a-1 and 13a-13 thereunder. They both agreed to be barred from serving as officers or directors of a public corporation ("officer and director bar"). Sorena also agreed to be ordered to pay $245,558 in disgorgement, $89,051.84 in prejudgment interest, and a civil penalty of $245,558 pursuant to the Securities Enforcement Remedies and Penny Stock Reform Act ==========================================START OF PAGE 2====== - 2 - of 1990 ("Remedies Act"). Aufiero agreed to pay a Remedies Act penalty of $20,000. Atratech was permanently enjoined from violating Section 17(a) of the Securities Act and Sections 10(b), 13(a) and 13(b) of the Exchange Act, and 10b-5, 12b-20, 13a-1, 13a-13, and 13b2-1 thereunder. Other settlements previously reached include the following: Stanley Kaplan, who originally formed Atratech as a blind pool and served as a director of Atratech after it became a plumbing company, consented, without admitting or denying the allegations in the complaint, to a final judgment issued on August 22, 1994, (i) permanently enjoining him from violating Section 17(a) of the Securities Act, Sections 10(b) and 13(a) of the Exchange Act, and Rules 10b-5, 12b-20, 13a-1 and 13a-13 thereunder; (ii) ordering him to disgorge $50,000 in illegal profits, and pay $11,922.19 in prejudgment interest; (iii) ordering a Remedies Act penalty of $50,000; and (iv) imposing an officer and director bar. Francis J. O'Reilly, a CPA who audited Atratech's financial statements, and Raymond Stankey, a CPA who served as the controller of Atratech, also consented to injunctions and related relief. See Lit. Rel. #14201.