SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 16013 / December 30, 1998 SECURITIES AND EXCHANGE COMMISSION v. ROBERT FALBO, THERESA BILLINGS FALBO, LORRE MEADE, ANTHONY CAPRICUSO, MICHAEL NARDINO, MARK MUENSTER AND ERIC MUENSTER, No. 92-CIV-6836-PKL (S.D.N.Y.) SEC OBTAINS FINAL JUDGMENTS CONCLUDING PILLSBURY INSIDER TRADING CASE The Securities and Exchange Commission has obtained final judgments against the remaining defendants in its insider trading case arising from the 1988 tender offer by Grand Metropolitan PLC for The Pillsbury Company. In accordance with a decision by U.S. District Judge Peter K. Leisure in August 1998 that granted in substantial part the Commission’s motion for summary judgment against defendants Robert Falbo and Lorre Meade, the Court has .entered a final judgment that enjoins Falbo from violating Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder, and that orders both Falbo and Meade to disgorge their illicit trading profits and pay civil penalties. Specifically, Falbo was ordered to disgorge $136,000 plus prejudgment interest and to pay a civil penalty of $50,000, while Meade was ordered to disgorge $34,125 plus prejudgment interest and to pay a civil penalty of $5,000. The Commission did not press the only claim not resolved on summary judgment for an additional $22,316.14 in insider trading profits by Robert Falbo. Simultaneously, the Court entered a final judgment on consent against defendant Theresa B. Falbo, Robert Falbo’s wife. Without admitting or denying the allegations of the Commission’s complaint, Theresa Falbo agreed to a final judgment that enjoins her from violating Exchange Act Sections 10(b) and 14(e) and Rules 10b-5 and 14e-3, and that orders her to disgorge $158,316.14 in illicit trading profits realized through her husband, plus prejudgment interest. Based on her demonstrated inability to pay, all but $15,000 of the disgorgement obligation was waived and no civil monetary penalties were imposed against her. The Commission’s complaint, filed on September 16, 1992, alleged that the defendants violated Exchange Act Sections 10(b) and 14(e) and Rules 10b-5 and 14e-3 thereunder by purchasing Pillsbury common stock and call options before Grand Met’s tender offer was publicly announced and while possessing material nonpublic information about it. Earlier this year, the Commission obtained judgments by settlement against the four other defendants in the case: Eric Muenster, his brother Mark Muenster, Anthony Capricuso, and Michael Nardino. See Litigation Release No. 15773 (June 9, 1998) and Litigation Rel. No. 15885, (Sept. 17, 1998). The final judgments entered against Robert Falbo, Lorre Meade, and Theresa Falbo conclude the litigation against all defendants.