UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 15409 / July 9, 1997 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 announced that on July 3, 1997, the United States District Court for the Southern District of New York entered a Final Judgment of Permanent Injunctive and Other Relief against Patrick Borello. The Final Judgment is based upon the Court's May 28, 1997 order granting the Commission's motion for summary judgment against Borello. The Final Judgment enjoins Borello from violating the antifraud and reporting provisions of the federal securities laws and from making false and misleading statements concerning any public company to its auditors. In addition, the Final Judgment orders Borello to disgorge $102,119 in profits and to pay $54,192.04 in prejudgment interest and a civil penalty of $50,000. The Final Judgment also bars Borello from acting as an officer or director of a public company. Between 1989 and at least 1992, Borello and others engaged in a scheme to conceal that Atratech, Inc., a plumbing and heating company, was secretly controlled by Anthony Gurino ("Gurino"). Gurino had been barred from bidding on public works contracts because of his failure to disclose that he had been indicted for obstruction of justice. By concealing Gurino's association with the company, Atratech bid for and won contracts on public works projects that it was ineligible to participate in. Borello, who was president of Atratech, signed public filings that misrepresented and omitted material information concerning Gurino's control of the company. Borello also misled Atratech's accountants about Gurino's association with the company in connection with their audit of Atratech's financial statements. In addition, while he was president of Atratech, Borello sold his Atratech stock, realizing profits of at least $102,119. Borello violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), and Rules 10b-5 and 13b2-2, and, as a controlling person of Atratech, Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13. ======END OF PAGE 1======