==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15214 / January 15, 1997 Securities and Exchange Commission v. Anthony Sarivola, et al. (U.S.D.C. - S.D.N.Y.) 95 Civ. 9270 (RPP) The Securities and Exchange Commission ("Commission") announced the entry on December 12, 1996 of final judgments on consent against Mark Anthony ("Anthony") and Michelle Suppes ("Suppes") and Suppes Securities, Inc. ("Suppes Securities"). Without admitting or denying the allegations in the Commission's Complaint, Suppes and Anthony consented to permanent injunctions against future violations of certain antifraud provisions of the federal securities laws. Suppes was also enjoined from future violation of the registration provisions of the federal securities laws. Anthony and Suppes were jointly and severally ordered to disgorge $122,394.79, representing gains from the conduct alleged and prejudgment interest. Without admitting or denying the allegations in the Complaint, Suppes Securities consented to a judgment holding it also jointly and severally liable for $42,799.56 of the disgorgement amount. Anthony and Suppes were ordered to pay civil penalties in the amounts of $50,000 and $25,000, respectively. The Complaint alleged a complex securities fraud in which co-defendant Anthony Sarivola ("Sarivola") masterminded a scheme to inflate artificially the reported assets of Leona Enterprises, Inc. ("Leona"). The Complaint alleged Suppes and Anthony participated in the scheme in the following manner: Anthony received undisclosed compensation, in the form of Leona stock issued in the name of his nominees, which benefitted Anthony and Suppes. Suppes and Anthony recommended Leona securities to their customers without a reasonable basis for such recommendations and without disclosing Anthony's receipt of Leona stock. Another Sarivola-controlled company deposited unregistered shares of Leona stock into an account at Suppes Securities. Those shares were distributed to the public in violation of the registration provisions of the Securities Act of 1933 ("Securities Act"). On January 15, 1997, the Commission instituted and simultaneously settled an administrative proceeding against Anthony and Suppes in which they consented to the issuance of an Order Instituting Proceedings, Making Findings, and Imposing Remedial Sanctions ("Order") without admitting or denying the Commission's findings. The Order bars Anthony from association with any broker, dealer, municipal securities dealer, investment adviser or investment company and from participating in any offering of penny stock. The Order bars Suppes from association with any broker, dealer, municipal securities dealer, investment adviser or investment company, with the right to reapply for association after two years. ==========================================START OF PAGE 2====== - 2 - Also on January 15, 1997, the Commission instituted and simultaneously settled an administrative proceeding against Suppes Securities. Suppes Securities consented to the issuance of an Order Instituting Proceedings, Making Findings, Cease and Desist Order, and Order Imposing Sanctions (the "Suppes Securities Order"), without admitting or denying the Commission's findings. The Suppes Securities Order censures Suppes Securities, orders it to cease and desist from violations of the registration provisions of the Securities Act and certain antifraud provisions of the Securities Exchange Act of 1934. Additionally, Suppes Securities is ordered to retain an independent consultant to conduct a review of Suppes Securities' policies, practices, and procedures.