SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15840 / August 11, 1998 Securities and Exchange Commission v. Cosmas Anastassiou, Othon Anastassiou and Richard Panzer, 98 CIV.5680 (S.D.N.Y) The Commission filed a complaint today in the U.S. District Court for the Southern District of New York alleging that Cosmas Anastassiou, Othon Anastassiou, and Richard Panzer engaged in illegal insider trading in the securities of Vivra, Inc., prior to the public announcement in May 1997 that Incentive AB planned to make a tender offer for Vivra. Vivra was a major provider of dialysis services in the United States. Incentive AB is a Swedish investment company. The complaint alleges that on March 29, 1997, Cosmas Anastassiou, a Greek citizen then residing in London, England, learned of the proposed tender offer by surreptitiously reading confidential documents concerning the transaction. The confidential documents were in the custody of a friend who was working on the deal as an employee of Morgan Stanley & Co., Inc., Incentive's investment banking firm. According to the complaint, Cosmas Anastassiou purchased Vivra stock and options prior to the announcement and tipped his father, defendant Othon Anastassiou, who also purchased Vivra stock and options before the announcement. The complaint alleges that Othon Anastassiou tipped his friend, Richard Panzer of Boca Raton, Florida, who purchased Vivra options before the announcement. The complaint alleges that after the tender offer was announced publicly on May 5, 1997, the market price of Vivra rose, resulting in illegal profits of $121,557 for Cosmas Anastassiou, $189,634 for Othon Anastassiou, and $104,496 for Panzer. According to the complaint, Cosmas Anastassiou rescinded most of his options purchases after he learned of the Commission's investigation. Without admitting or denying the substantive allegations in the complaint, the defendants consented to the entry of orders permanently enjoining them from violating Sections 10(b) and 14(e) of the Exchange Act and Rules 10b-5 and 14e-3, and ordering Cosmas Anastassiou to disgorge $62,045 plus prejudgment interest, Othon Anastassiou to disgorge $189,634 plus prejudgment interest, and Panzer to disgorge $104,496 plus prejudgment interest. Under the terms of his consent, Panzer was ordered to pay a penalty of $26,124, an amount equal to one quarter of his illegal profits. In assessing the penalty, the Commission considered Panzer's cooperation in the investigation The Commission wishes to acknowledge the assistance of the NYSE in this matter.