U.S. Securities and Exchange Commission Litigation Release No. 15657 / March 3, 1998 Accounting and Auditing Enforcement Release No. 1013 / March 3, 1998 SECURITIES AND EXCHANGE COMMISSION v. ROBERT B. PELTZ, Civil Action No. 98- CV 00542(JGP) (D.D.C.); and SECURITIES AND EXCHANGE COMMISSION v.SOL GREENBAUM AND DAVID COHEN, Civil Action No. 98-CV 00543(JGP) (D.D.C.); IN THE MATTER OF J.M. LEVY AND CO., Administrative Proceeding File No. 3-9295 The SEC today filed complaints in federal court against Robert B. Peltz, Sol Greenbaum, and David Cohen alleging securities law violations arising out of a fraudulent scheme to overstate the revenues and earnings of the Peltz Food Division of Chipwich, Inc. Without admitting or denying the SEC s allegations, the defendants have consented to the entry of final judgments against them. The complaint in no. 98-CV00542 alleges the following: In February 1989, Robert Peltz merged his privately-owned Peltz Food Company, a distributor of frozen foods, into Chipwich, a public company, and became CEO and chairman of Chipwich. At year-end in 1989, 1990, and 1991, with Peltz s knowledge and approval, the Peltz Food Division (PFD) of Chipwich overstated its inventory, causing Chipwich to materially overstate its inventory and net income. In addition, during the relevant period, Peltz misappropriated corporate funds to pay personal expenses and took unrecorded cash from PFD s daily cash receipts. By engaging in such conduct, Peltz violated Exchange Act sections 10(b) and 13(b)(5) and Rules 10b-5, 13b2-1 and 13b2-2. The complaint in no. 98-CV00543 names as defendants Sol Greenbaum and David Cohen, the CPAs who prepared PFD s financial statements and acted as its financial management. The complaint alleges that Greenbaum and Cohen knew or were reckless in not knowing of the inventory inflation and misappropriation of cash at PFD, and that they knew or were reckless in not knowing that the financial statements they prepared for PFD were materially false and misleading and would be relied upon by Chipwich in preparing financial statements for dissemination in its Forms 10-K and 10-Q. All three defendants consented to the entry of judgment against them without admitting or denying the SEC s allegations. The judgment against Peltz permanently bars him from serving as an officer or director of any reporting company and enjoins him from further violations of Exchange Act sections 10(b) and 13(b)(5) and Rules 10b-5, 13b2-1 and 13b2-2; it waives payment of disgorgement based on Peltz s demonstrated inability to pay and penalties are not imposed. The judgment against Greenbaum and Cohen enjoins them from further violations of Exchange Act Sections 10(b), 13(a), 13(b)(2) and Rules 10b-5, 12b-20, 13a-1, 13a-13 and 13b2-1. In conjunction with the filing of no. 98-CV00543, the Commission has dismissed Administrative Proceeding No. 3-9295. ======END OF PAGE 1====== ======END OF PAGE 2======