U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15738 / May 14, 1998 Accounting and Auditing Enforcement Release No. 1035 / May 14, 1998 SECURITIES AND EXCHANGE COMMISSION v. PAUL R. SAFRONCHIK, JEROME A. ADAMO, and DOUGLAS A. ROY, Civil Action No. SACV 98-416-LHM (EEx) (C.D. Cal) On May 13, 1998, the Securities and Exchange Commission sued three former officers of an Orange County company in federal court in Santa Ana, California, charging them with fraud and insider trading. The company, Home Theater Products International, Inc. ( HTPI ), which is now in bankruptcy, was headquartered in Anaheim, California and had manufactured and sold home theater systems under a license from Paramount Pictures, a movie studio in Hollywood, California. The Commission alleged that two of the officers, Paul R. Safronchik, HTPI s chairman and chief executive officer, and Douglas A. Roy, the company s controller, falsified HTPI s books and records and inflated the company s sales and income. The Commission further alleged that Safronchik and Jerome A. Adamo, the president and chief operating officer, caused HTPI to release to the public phony financial statements. Additionally, the Complaint alleged all three officers committed insider trading by selling HTPI stock with knowledge that the company s financial statements were false. The Commission s lawsuit alleges that, from 1993 until October 1995, Safronchik and Roy falsified sales in HTPI s books and records. Additionally, in an effort to conceal the fraud from the company s auditor, Safronchik rented postal boxes throughout the southwestern United States and used them as mail drops to send and receive bogus audit confirmations of the company s phony sales. The Complaint also alleged that Safronchik fraudulently signed the audit confirmations falsely confirming the phony sales and returned them to the auditor. The Commission s Complaint charged Safronchik with violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ( Securities Act ), Sections 10(b), 13(a), 13(b)(2)(A), 13(b)(2)(B) and 13(b)(5) of the Securities Exchange Act of 1934 ( Exchange Act ) and Rules 10b-5, 12b-20, 13a-1, 13a-11, 13a-13, 13b2-1 and 13b2-2, thereunder. Adamo was charged with violations of Sections 5(a), 5(c) and 17(a) of the Securities Act, Sections 10(b) and 13(a) of the Exchange Act and Rules 10b-5, 12b-20, 13a-1, 13a-11, 13a-13 and 13b2-2, thereunder. Roy was charged with violations of Section 17(a) of the Securities Act, Sections 10(b) and 13(b)(5) of the Exchange Act and Rules 10b-5, 13b2-1 and 13b2-2, thereunder. Simultaneously with the filing of the Complaint, Safronchik, Adamo and Roy consented, without admitting or denying the allegations in the Complaint, to final judgments of permanent injunction ordering them to pay disgorgement but waiving payment of disgorgement based upon their demonstrated inability to pay. Safronchik and Adamo were also barred from serving as officers or directors of any public company. United States v. Paul R. Safronchik, Jerome A. Adamo, and Douglas A. Roy, Civil Action No. SACV 98-416-LHM (EEx). ======END OF PAGE 1====== In a related criminal prosecution by the U.S. Attorney in Los Angeles, on December 9, 1996, Safronchik pleaded guilty to conspiracy to commit securities fraud, bank fraud and securities fraud. On February 4, 1998, Adamo pleaded guilty to insider trading and was sentenced to serve six months of home detention, two years probation and to pay a $50,000 fine. On September 15, 1997, Roy pleaded guilty to conspiracy to commit securities fraud. Safronchik and Roy have not yet been sentenced. ======END OF PAGE 2======