==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15285 / March 12, 1997 SECURITIES AND EXCHANGE COMMISSION v. CHARLES BRUMFIELD, JOSEPH BRUMFIELD, ROBERT ALLEN, WILLIAM MYLETT, JOSEPH PENNA, JOSEPH CUSIMANO, ALFRED VOLPE, JAMES GALANTE, THOMAS ALGER, JOHN O'BRIEN, LAWRENCE FRIEDMAN, ROBERT FLANAGAN, THOMAS FLANAGAN, SHARON SEIDEN, WARREN SMITH, JOHN LYNCH, AND ALBERT BRODY, United States District Court for the Southern District of New York, Civ. Action No. 95-9283 (JES). On March 5, 1997, the United States District Court for the Southern District of New York entered a Final Judgment of Permanent Injunction and Other Equitable Relief against Alfred Volpe for violations of the federal securities laws in connection with his trading in two AT&T acquisition targets -- Digital Microwave Corporation and Teradata Corporation -- while in possession of material, non-public information. Without admitting or denying the allegations in the Complaint, Volpe consented to the entry of an injunction, disgorgement of his profits of $17,255.38, plus prejudgment interest, and a civil penalty of $17,255.38. The Commission's Complaint, filed on October 31, 1995, alleges that on or about March 20, 1991, Charles Brumfield, learned material, non-public information about AT&T's plans to acquire Digital Microwave. Brumfield told Joseph Cusimano about AT&T's plans who, in turn, told Volpe, who purchased Digital stock while in possession of this information. Volpe also gave the non-public information about Digital to James Galante who then traded in Digital stock. In or about the first week of April 1991, after Brumfield learned that AT&T had abandoned its planned acquisition of Digital, he told Cusimano this information. Cusimano told Volpe the information who, in turn, told Galante. Volpe sold his Digital stock and realized a profit. The Commission's Complaint also alleges that in November of 1991 Brumfield learned material, non-public information about AT&T's plans to acquire Teradata through AT&T's wholly owned subsidiary NCR Corporation. Brumfield told Cusimano of AT&T's acquisition plans. Cusimano told Volpe who bought Teradata securities while in possession of the information. Volpe also gave the non-public information to Galante who traded in Teradata. After the December 2, 1991 public announcement that Teradata and AT&T's wholly owned subsidiary, NCR, had agreed to merge, Volpe sold his Teradata securities and realized a profit. Litigation with respect to the remaining defendants is continuing. Related Releases: L.R. 14706, L.R. 14779, L.R. 14956, L.R. 15180, L.R. 15221, L.R. 15227 ==========================================START OF PAGE 2======