UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15924 / October 2, 1998. SEC SUES LAWYERS AND OTHERS FOR INSIDER TRADING IN CONNECTION WITH FT. LAUDERDALE TIME-SHARE COMPANY Securities and Exchange Commission v. Daniel Lambert, John Pape, James Verrillo and Gerard Verrillo, Civil Action No. 98-2280-CIV- KING (S. D. Florida, filed Sept. 29, 1998) The Securities and Exchange Commission (SEC) announced that on September 29, 1998 it filed a complaint in an insider trading case involving the securities of Vacation Break U.S.A. (Vacation Break), a Ft. Lauderdale company in the time-share business. The SEC's complaint charges four individuals with having violated the federal securities laws by trading on the basis of non-public information, or having provided non-public information, in advance of a merger with The Berkley Group, Inc. (Berkley Group) that Vacation Break announced on November 27, 1996. Following news of the merger, Vacation Break's stock, which was then traded on the NASDAQ, closed at about 56% higher than its price the prior day. The SEC's complaint seeks more than $400,000 in disgorgement from the defendants and requests civil penalties of more than $1,200,000. The SEC's complaint alleges that defendant Daniel Lambert (Lambert), who is a 29 year old attorney residing in the Ft. Lauderdale, Florida, area, negotiated the Vacation Break/Berkley Group merger in the fall of 1996 on behalf of the Berkley Group and other related companies, all of which were controlled by Lambert's family. The SEC further alleges that beginning in October 1996, Lambert provided his friend and then law partner, defendant John Pape (Pape), a 30 year old Miami area attorney, with inside information in advance of the merger announcement. The SEC alleges that Pape used that information, and approximately $74,000 that Lambert transferred him, to accumulate Vacation Break stock. After the Vacation Break/Berkley Group merger announcement, Pape sold his Vacation Break stock at profit of approximately $110,000. The SEC's complaint also alleges that James Verrillo (J. Verrillo), a 31 year old resident of Lighthouse Point, Florida, who did telemarketing work for both Vacation Break and the Berkley Group, was tipped about the proposed merger before the announcement. The SEC further alleges that J. Verrillo tipped his father, Gerard Verrillo (G. Verrillo), a 47 year old resident of Syracuse, New York who is a retired police officer. According to the SEC's complaint, J. Verrillo was a guest in the shared Vacation Break/Berkley Group suite at Pro Player stadium for a Monday night football game on November 25, 1996. The SEC's complaint alleges that J. Verrillo was tipped that night about the impending Vacation Break/Berkley Group merger. The next morning, November 26, 1996, J. Verrillo purchased nearly $300,000 worth of Vacation Break stock in two brokerage accounts. The SEC also alleges that J. Verrillo tipped his father, who purchased another $100,000 worth of Vacation Break stock for his son, J. Verrillo, as well as $30,000 worth of the stock for himself. The SEC's complaint claims that after November 27, 1996, when Vacation Break and the Berkley Group announced their merger, J. Verrillo sold his Vacation Break stock at a profit of nearly $276,000 and his father, G. Verrillo, sold his stock at a profit of about $17,000. The SEC's complaint charges Lambert, Pape, J. Verrillo, and G. Verrillo with having violated Section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C.  78j(b)) and Rule 10b-5 thereunder (17 C.F.R. 240.10b-5). The complaint seeks permanent injunctions against future violations of Section 10(b) and Rule 10b-5, disgorgement of ill-gotten gains (with prejudgment interest), and civil penalties of up to three times the profits for which each defendant is liable. The SEC's complaint arises out of Vacation Break's announced merger with the Berkley Group, a privately held Ft. Lauderdale based company also in the time share business. The merger was eventually canceled in the spring of 1997. The SEC thanks the National Association of Securities Dealers, Inc. for the assistance it provided in connection with the investigation leading to this matter.