SECURITIES AND EXCHANGE COMMISSION Washington, D.C. CORRECTED COPY Litigation Release No. 15843A / August 12, 1998 SEC v. ALEJANDRO C. ZAFFARONI, EUGENE FARBER, NICOLAS VIDA, ALBA ROSA ARZATE, YOLANDA ROCCO, INES ROMERO, AND PEDRO ZAFFARONI, Civil Action No. C-98 20843 (JW) (N.D. Cal. Aug. 12, 1998) The Securities and Exchange Commission announced today that it filed an insider trading action against Alejandro C. Zaffaroni, the founder and former chief executive officer of Affymax N.V., ("Affymax"), and against six other defendants. The Complaint charges that Zaffaroni violated the securities laws by communicating information about the January 1995 acquisition of Affymax by Glaxo plc to three friends and to certain family members in Uruguay. Zaffaroni's friends and family members profited by purchasing Affymax securities before the acquisition was publicly announced. At the time of the trading, Affymax, a drug discovery company located in Palo Alto, California, and pharmaceutical giant Glaxo plc (now Glaxo Wellcome plc) were engaged in confidential negotiations that resulted in Glaxo's acquisition of Affymax in a friendly tender offer. Simultaneous with the filing of the Complaint each of the defendants, without admitting or denying the allegations in the Complaint, consented to the entry of Final Judgments permanently enjoining them from violating the insider trading prohibitions contained in Section 14(e) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 14e-3 thereunder, and ordering them to disgorge profits and to pay penalties on the trading. Section 14 (e) and Rule 14e-3 prohibit communicating or trading on inside information in connection with a tender offer. Zaffaroni has also consented to an injunction enjoining him from future violations of Section 10 (b) of the Exchange Act and Rule 10b-5 thereunder. In addition to the entry of injunctions, six of the seven defendants have agreed to pay a total of $1,849,953 in penalties, disgorgement of profits, and interest, as follows: Zaffaroni, of Atherton, California, will pay a civil penalty of $552,021. Eugene Farber, of Portola Valley, California, will pay $230,510, which includes disgorgement and prejudgment interest of $132,510 and a penalty of $98,000. Nicholas Vida, of San Mateo, California will pay $83,501, which includes disgorgement and prejudgment interest of $48,001 and a penalty of $35,500. Alba Rosa Arzate, of Mexico City, Mexico, will pay $165,809, which includes disgorgement and prejudgment interest of $95,316 and a penalty of $70,493. Pedro Zaffaroni, of Montevideo, Uruguay, will pay $746,973, which includes disgorgement and prejudgment interest of $429,402 and a penalty of $317,571. Ines Romero, of Montevideo, Uruguay, will pay $71,639, which includes disgorgement and prejudgment interest of $41,182 and a penalty of $30,457. The Commission's Complaint alleges that Zaffaroni's friends, Farber, Vida and Arzate purchased large blocks of Affymax shares in the two weeks preceding the Glaxo tender offer announcement following meetings or telephone calls with Zaffaroni. During the same period, Zaffaroni told a family member living in Uruguay that he was in the final stages of selling Affymax. At the time of the trading, Zaffaroni was CEO and a member of the board of directors of Affymax. After learning of the acquisition, Zaffaroni's nephew and niece, Pedro Zaffaroni and Ines Romero, and Zaffaroni's former sister-in-law, Yolanda Rocco, all of whom live in Uruguay, purchased Affymax shares before the tender offer's announcement. The Commission's Complaint also alleges that Pedro Zaffaroni used four nominees to buy Affymax shares and that he passed news of the acquisition to two others, resulting in trading profits by the Zaffaroni family and friends of the Zaffaroni family in Uruguay of approximately $348,000.