SECURITIES AND EXCHANGE COMMISSION Washington D.C. LITIGATION RELEASE NO. 15265 / February 27, 1997 SECURITIES AND EXCHANGE COMMISSION v. ROSEANN MARTUCCI, JAY R. HARTMAN, AND GARR MANAGEMENT SERVICES, INC., U.S. District Court for the Southern District of New York, 96 Civ. 3030 (DLC) (S.D.N.Y. 1996) On February 20, 1997, the Honorable Denise L. Cote, United States District Court Judge for the Southern District of New York, entered Final Judgments of Permanent Injunction and Other Relief (the "Final Judgments"), by consent , against defendants Roseann Martucci ("Martucci"), Jay R. Hartman ("Hartman") and Garr Management Services, Inc ("Garr Management Services"), a company owned in part by Martucci and Hartman. The Final Judgments enjoin Martucci, Hartman and Garr Management Services from violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 promulgated thereunder. The Final Judgments also order Martucci to pay disgorgement of $15,180.64, plus prejudgment interest in the amount of $5,469.68 and a $7,590.32 civil monetary penalty pursuant to the Insider Trading and Securities Fraud Enforcement Act ("ITSFEA"); Hartman to pay disgorgement of $11,512.04, plus prejudgment interest in the amount of $4,147.85 and a $11,512.04 civil monetary penalty pursuant to ITSFEA; and Garr Management Services to pay disgorgement of $38,430.90, plus prejudgment interest in the amount of $13,846.85 and a $38,430.90 civil monetary penalty pursuant to ITSFEA. According to the Commission's complaint, between August and October 1992, Sheri I. Kleinbaum, by virtue of her employment with a law firm, learned material nonpublic information relating to the identity of two acquisition targets of clients of the firm. Shortly after learning this information, Sheri Kleinbaum communicated it to her father and step-mother. Sheri Kleinbaum's step-mother then communicated material nonpublic information about the companies to Martucci, who in turn tipped business associates, Hartman and the late Raymond G. Jerro, as well as a close personal friend. Martucci, Hartman and Garr Management Services subsequently purchased the common stock of the targets prior to the public announcements that each was to be acquired. See Litigation Release No. 14890 (April 25, 1996). The Commission previously instituted and settled an action against Sheri I. Kleinbaum, her stepmother and her father. SEC v. Sheri I. Kleinbaum, et al., 95 Civ. 1963 (PKL) (S.D.N.Y. 1995). See Litigation Release No. 14447 (March 23, 1995).