==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington D.C. LITIGATION RELEASE NO. 15246 / February 6, 1997 SECURITIES AND EXCHANGE COMMISSION V. HUGH THRASHER, JOHN H. ANDERSON, EZRA CHAMMAH, STANLEY ELBAUM, SCOTT FORBES, GUILLERMO GOMEZ a/k/a WILLIAM GOMEZ, STEPHEN V.R. GOODHUE, JR., IRA GORMAN, GORMAN COMMODITIES & SECURITIES, INC., JONATHAN S. HIRSH, RONALD KUZNETSKY, DARRELL SANDY MARSH, JACK P. MARSH, MICHAEL R. NEWMAN, ROGER K. ODWAK, ANGELO PETROTTO, LEE ROSENBLATT, ROBERT SACKS, JEFFREY A. SANKER, DAVID SCHAEN, LEONARD SCHAEN, JULIAN SCHOR, GREGG R. SHAWZIN, AND MARK R. SHAWZIN, 92 Civ. 6987 (JFK) (S.D.N.Y.) The Securities and Exchange Commission ("Commission") announced that the United States District Court for the Southern District of New York recently entered judgments against five defendants: Ezra Chammah ("Chammah"), Stanley Elbaum ("Elbaum"), David Schaen ("Schaen"), Ira Gorman ("Gorman"), and Angelo Petrotto ("Petrotto"). According to the Commission's amended complaint filed on March 4, 1993, the defendants engaged in insider trading by purchasing the securities of Motel 6, L.P. ("Motel 6") while in possession of material, nonpublic information concerning a planned tender offer for the company. On November 27, 1996, January 15, 1997, and January 28, 1997, the Court entered Final Consent Judgments of Permanent Injunction and Other Relief against Chammah, Elbaum, and Schaen, respectively. Without admitting or denying the allegations of the amended complaint, Chammah, Elbaum, and Schaen each consented to a permanent injunction from violating Sections 10(b) and 14(e) of the Securities Exchange Act of 1934, and Rules 10b-5 and 14e-3 thereunder. Chammah agreed to pay $206,542.51 in disgorgement of profits and prejudgment interest thereon and to pay a civil penalty of $127,098.09 pursuant to the Insider Trading and Securities Fraud Enforcement Act of 1988 ("ITSFEA"). The Commission agreed that Elbaum would not pay a civil penalty pursuant to ITSFEA in light of a demonstrated inability to pay based upon his sworn representations in a statement of financial condition. Schaen agreed to pay $217,332.48 in disgorgement of profits and prejudgment interest thereon, but in light of a demonstrated inability to pay based upon his sworn representations in a statement of financial condition, the Commission agreed that payment of all but $36,000 would be waived and Schaen would not pay a civil penalty pursuant to ITSFEA. On December 20, 1996 and January 14, 1997, the Court entered Judgments by Default against Gorman and Petrotto, respectively. The default judgments permanently enjoin Gorman and Petrotto from further violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934, and Rules 10b-5 and 14e-3 thereunder. ==========================================START OF PAGE 2====== Gorman was ordered to disgorge trading profits of $717,233 and prejudgment interest thereon in the amount of $519,634.76, and to - 2 - pay a civil penalty of $2,151,699 pursuant to ITSFEA. Petrotto was ordered to disgorge trading profits of $16,274 and prejudgment interest thereon in the amount of $11,790.51, and to pay a civil penalty of $48,822 pursuant to ITSFEA. The Commission's amended complaint alleges that between late May 1990 and until and including July 12, 1990, Hugh Thrasher, an insider at Motel 6, for his personal benefit and in breach of his duty to Motel 6 and its shareholders, communicated material, nonpublic information concerning negotiations for the acquisition of Motel 6 to his close personal friend, Carl Harris ("Harris"). The Commission alleges that Harris thereafter tipped numerous people, including Petrotto, Schaen (the son of Leonard Schaen, Harris' stepfather), and Gregg Shawzin ("Shawzin"). Harris, along with Shawzin, tipped Gorman and Michael Newman ("Newman"). Harris' tippees also went on to tip others. Newman tipped Elbaum. Shawzin tipped his brother, Mark Shawzin, who then tipped Chammah. (See prior Litigation Release No. 13544 for a further description of the allegations contained in the Commission's amended complaint.)