SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. Litigation Release No. 15559 / November 13, 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 November 6, 1997, the United States District Court for the Southern District of New York granted the Commission s motion for summary judgment against two brothers, Robert and Thomas Flanagan, finding that they had engaged in insider trading in the securities of three AT&T acquisition targets. The Court permanently enjoined Robert Flanagan from future violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934, and ordered him to disgorge $961,887.66 in trading profits, pay prejudgment interest of $722,644.23, and pay a civil penalty of $2,483,189.67. The Court also entered a permanent injunction against Thomas Flanagan based on the same statutory provisions and ordered him to disgorge $379,524.98 in trading profits, pay prejudgment interest of $290,034.10, and pay a civil penalty of $1,138,574.94. In its summary judgment motion, the Commission demonstrated that in 1990 and 1991, Charles Brumfield, at the time an AT&T labor relations executive, learned about AT&T's secret plans to acquire NCR Corporation, Digital Microwave Corporation, and Teradata Corporation. Brumfield then leaked this information to a colleague at AT&T, Thomas Alger. Alger, in turn, tipped Robert Flanagan, who arranged for others (including his brother Thomas) to buy securities in the acquisition targets both for him and for themselves. Some of the profits from those trades were then paid to Robert Flanagan, who kicked back a portion to Brumfield and Alger as payment for the information. Both Robert and Thomas Flanagan were previously convicted of related criminal charges. In September 1995, a jury found Robert Flanagan guilty of securities fraud and conspiracy to commit securities fraud, wire fraud, and obstruction of agency proceedings. He was sentenced to two years imprisonment, three years supervised release, and a $5,000 fine. His conviction was affirmed on appeal. Thomas Flanagan pled guilty in August 1995 to conspiracy to commit securities fraud, wire fraud, and obstruction of agency proceedings, and was sentenced to four months imprisonment, four months home detention, and three years supervised release. The Commission has obtained judgments against or settled with twelve of the defendants in its civil action. Five defendants remain: Robert Allen, John Lynch, Joseph Penna, Sharon Seiden, and Warren Smith. Trial is scheduled for June 29, 1998. Related Releases: L.R. 14706, L.R. 14779, L.R. 14956, L.R. 15180, ======END OF PAGE 1====== L.R. 15221, L.R. 15227, L.R. 15285, L.R. 15426 ======END OF PAGE 2======