U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15966 / October 30, 1998 Securities and Exchange Commission v. Steven A. Sambrano, Civil Action No. SA CV 98929 AHS (ANX) (C.D. Cal.) The Securities and Exchange Commission (Commission) filed an enforcement action in federal court today charging insider trading by a former employee of Smith Micro Software, Inc., an Orange County high tech firm. The complaint alleges that Steven A. Sambrano (Sambrano), age 35, of San Clemente, California, used confidential corporate information in buying stock in his then employer Smith Micro. The Commission's complaint alleges that Sambrano, while employed at Smith Micro, helped negotiate a software packaging agreement between Smith Micro and Compaq Computer Corp. (Compaq). Sambrano also received draft copies of the press release announcing the agreement just days before it was issued on March 12, 1998. The complaint further alleges that Sambrano used the inside information concerning the Compaq agreement in purchasing 5,000 shares of Smith Micro stock the day before the announcement. Within hours of the March 12 press release announcing the agreement, Sambrano sold his Smith Micro shares and realized a profit of $10,625. Sambrano has agreed to settle the case by consenting, without admitting or denying the allegations in the complaint, to the entry of a judgment permanently enjoining him from future violations of the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and to the payment of $21,569.51 -- $10,944.51 for Sambrano's ill-gotten gains and $10,625 for a civil penalty.