SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15935 / October 9, 1998 SECURITIES AND EXCHANGE COMMISSION v. MICHAEL G. SARGENT, ET AL., Criminal No. 96-10134-JLT; Civil Action No. 96-10609 (JLT) (D. Mass. October 7, 1998) TWO CONVICTED OF MAKING FALSE STATEMENTS TO COMMISSION STAFF DURING INSIDER TRADING INVESTIGATION The jury in the criminal case of United States v. Michael Sargent, et al., Crim. No. 96-10134-JLT (D. Mass.), pending in the District of Massachusetts, found Michael Sargent and Robert Scharn guilty of willfully making false statements in violation of 18 U.S.C. ( 1001 to attorneys at the Securities and Exchange Commission in connection with an inquiry of possible insider trading in the securities of Purolator Products Company. Sargent's and Scharn's convictions stem from false statements the two men made in telephone interviews with a Commission staff attorney during the inquiry into trading in Purolator stock prior to a public announcement that Mark IV Industries, Inc. would make a tender offer for all Purolator shares. The jury returned its verdict on October 7, 1998. The indictment also charged Sargent with violations of Section 14(e) and Rule 14e-3 of the Securities and Exchange Act of 1934. The District Judge dismissed this count. In March 1996 the Commission filed a civil action against Sargent, Scharn and two others alleging that the defendants bought Purolator stock while in possession of material, nonpublic information about Mark IV's impending take-over. According to the Commission, the defendants' tipping and trading violated Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and SEC Rules 10b-5 and 14e-3. The Commission's action is still pending. See also Litigation Release No. 14854.