SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15885 / September 17, 1998 SECURITIES AND EXCHANGE COMMISSION v. ROBERT FALBO, THERESA BILLINGS FALBO, LORRE MEADE, ANTHONY CAPRICUSO, MICHAEL NARDINO, MARK MUENSTER AND ERIC MUENSTER, Civil Action No. 92-CIV-6836-PKL (S.D.N.Y.) SEC OBTAINS JUDGMENTS AGAINST FOUR MORE DEFENDANTS IN PILLSBURY INSIDER TRADING CASE The Securities and Exchange Commission announced that it has obtained summary judgments against two defendants and settled judgments against two others in its insider trading case arising from the 1988 tender offer by Grand Metropolitan PLC for The Pillsbury Company. Granting in substantial part the Commission's motion for summary judgment against defendants Robert Falbo and Lorre Meade, U.S. District Judge Peter K. Leisure ruled that Falbo would be enjoined from violating Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder, and that both Falbo and Meade must disgorge their illicit trading profits and pay civil penalties. Specifically, Falbo was ordered to disgorge $136,000 plus prejudgment interest and to pay a civil penalty of $50,000, while Meade was ordered to disgorge $34,125 plus prejudgment interest and to pay a civil penalty of $5,000. Defendants Anthony Capricuso and Michael Nardino settled the case, without admitting or denying the allegations of the Commission's complaint, by consenting to entry of final judgments that permanently enjoin them from violating Exchange Act Sections 10(b) and 14(e) and Rules 10b-5 and 14e-3, and that order them to disgorge illicit trading profits of $301,447 and $177,317, respectively, plus prejudgment interest. Based on their demonstrated inability to pay, the disgorgement obligations of both Capricuso and Nardino were waived and no civil monetary penalties were imposed against them. The Commission's complaint, filed on September 16, 1992, alleged that the defendants violated Exchange Act Sections 10(b) and 14(e) and Rules 10b-5 and 14e-3 thereunder by purchasing Pillsbury common stock and call options before Grand Met's tender offer was publicly announced and while possessing material nonpublic information about it. Earlier this year, the Commission obtained judgments by settlement against two other defendants in the case, Eric Muenster and his brother Mark Muenster. See Litigation Release No. 15773 (June 9, 1998). Falbo's wife, Theresa Billings Falbo, is also a defendant in the case. The Commission did not move for summary judgment against her. The litigation is continuing.