SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15607 / January 6, 1998 Securities and Exchange Commission v. Susan L. Hirsch et al. Civil No. CV 497-060 (WM) (S.D. Ga.) (filed March 20, 1997) On December 29, 1997, Judge William Moore of the United Stated District Court for the District of Georgia entered final judgments against Susan L. Hirsch, Gregory M. Hirsch, Danny B. Kaminsky, Lewis A. Kooden, Daniel H. Klugman and Michael D. Kooden in an insider trading case brought by the Securities and Exchange Commission. The judgments permanently enjoin the defendants from future violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934, and Rules 10b-5 and 14e-3 thereunder, and require the defendants, collectively, to pay $604,704 in disgorgement of illegal trading profits, civil penalties and prejudgment interest. Defendants consented to the final judgments without admitting or denying the allegations against them. The Commission alleged that the defendants engaged in insider trading in advance of the July 1995 announcement that Sandoz, Ltd. was making a cash tender offer for the securities of Genetic Therapy, Inc. ("GTI"). Specifically, the Commission alleged that Susan Hirsch, a former senior account representative of Ruder-Finn, Inc., a New York-based public relations firm, obtained non-public information about Sandoz's confidential bid for GTI during the course of her employment at Ruder-Finn in advance of the Sandoz/GTI tender offer announcement, and improperly passed that information to her brother Gregory Hirsch, a certified public accountant in Savannah, Georgia. The complaint alleged that Gregory Hirsch tipped and purchased GTI common stock and call options jointly with a friend in Savannah, Danny Kaminsky, in advance of the announcement for profits of $251,190. The complaint further alleged that on Friday, July 7, 1995, the last trading day before the tender offer announcement, Kaminsky purchased 45 GTI call option contracts through a brokerage account of one of his friends, at a time when Kaminsky knew that Sandoz was going to announce its tender offer for GTI at $21 per share on the following Monday. The complaint also alleged that Gregory Hirsch and Danny Kaminsky tipped Lewis Kooden, Daniel Klugman and Michael Kooden, who purchased GTI common stock and call options for illegal profits of $43,795, $28,107 and $14,666, respectively. In addition, the complaint alleged that Michael Kooden caused others to trade in GTI securities. Under the terms of the final judgment, Susan Hirsch was not ordered to pay any disgorgement, civil penalties or prejudgment interest based upon her demonstrated inability to pay. Greg Hirsch was ordered to pay $93,837, which represented a portion of his alleged trading profits; based upon his demonstrated inability to pay, disgorgement of the remainder of his trading profits and prejudgment interest were waived, and he was not ordered to pay civil penalties. Danny Kaminsky was ordered to pay $125,645 in disgorgement, which represented the trading profits he allegedly received ======END OF PAGE 1====== with Greg Hirsch, $169,440 in civil penalties and $25,244 in prejudgment interest. Lewis Kooden, Daniel Klugman and Michael Kooden were ordered to pay $43,795, $28,107 and $14,666, respectively, which represents full disgorgement of their trading profits, an equal amount in civil penalties, plus $8,799, $5,647 and $2,947, respectively, in prejudgment interest. For further information, see Litigation Release No. 15302 (March 20, 1997). ======END OF PAGE 2======