SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Litigation Release No. 15578 / December 4, 1997 Accounting and Auditing Enforcement Release No. 993 / December 4, 1997 SECURITIES AND EXCHANGE COMMISSION v. PETER T. CASERTA, SALVATORE T. MARINO AND DANA C. VERRILL, United States District Court for the Eastern District of New York, Civil Action No. CV 97-7091 . The Securities and Exchange Commission today announced the filing of a complaint with the United States District Court for the Eastern District of New York against Peter T. Caserta, Salvatore T. Marino and Dana C. Verrill, former directors and officers of Spectrum Information Technologies, Inc. Spectrum, currently headquartered in Purchase, New York, has been engaged in various aspects of the computer industry since its inception in 1984. According to the Commission s complaint, Caserta and Verrill devised a scheme to raise capital for Spectrum illegally. Thereafter, Caserta and Marino engaged in a fraudulent scheme to inflate Spectrum s financial results and stock price. During this period, Caserta and Marino benefited by selling Spectrum stock while in possession of material nonpublic information concerning the scheme. Specifically, the complaint alleges that during 1992, Caserta and Verrill obtained cash to finance their floundering company s operations by conducting an unregistered stock offering. The distribution of stock was effected by disguising it as stock sales to employees under an employee stock option plan. This offering, which Caserta and Verrill directed and controlled, raised approximately $3 million for Spectrum. Having obtained necessary cash and thus having improved Spectrum s prospects, according to the Complaint, defendants Caserta and Marino turned their attention to boosting Spectrum s stock price. In May 1993, in an interview with a reporter, defendant Caserta knowingly overstated the value of a licensing agreement that Spectrum had entered into with AT&T Co. This material misstatement was disseminated to the public, artificially inflating Spectrum s value, thereby defrauding investors and triggering then-record trading in Spectrum s stock. The Complaint also alleged that between May and November 1993, defendants Caserta and Marino fraudulently overstated the value of three additional licensing agreements Spectrum negotiated. In order to convince the public and other potential licensees of the value of Spectrum s patented technology, Caserta and Marino set out to arrange seven figure license payments by Megahertz Corporation, Apex Data Corporation and U.S. Robotics, Inc. However, when each prospective licensee refused to pay seven figures to license Spectrum s technology, Caserta and Marino conceived and implemented a cash in/cash out scheme whereby the vast majority of the seven figure fees to be paid by the licensees would be offset by equal payments from Spectrum to the licensees under companion advertising ======END OF PAGE 1====== agreements. At the direction of Caserta and Marino, Spectrum s filings with the Commission improperly reflected the seven figure licensing fees as revenue and income. Because of this improper accounting treatment, and corresponding misleading disclosures and press releases, investors were misled into thinking that Spectrum had earned millions of dollars in fees and had experienced its first two consecutive profitable quarters when, in reality, Spectrum could not obtain licensing fees of that magnitude and had suffered significant losses. The Commission further alleged that defendants Caserta and Marino benefited from their scheme by exercising options and selling Spectrum stock while in possession of the material nonpublic information that Spectrum s technology was not worth what Spectrum s filings and press releases claimed it to be, and that Spectrum continued to experience significant losses during the two quarters for which Spectrum had improperly reported a profit. Caserta and Marino avoided millions of dollars in losses by trading while in possession of this material, nonpublic information. The Commission s action seeks judgments: (1) permanently enjoining defendants from further violating the securities laws; (2) requiring each defendant to pay appropriate civil penalties under the securities laws; (3) requiring Caserta and Marino to disgorge all losses avoided as a result of their trading on insider information, plus pre-judgment interest; and (4) permanently prohibiting Caserta and Marino from acting as a director or officer of any issuer that has a class of stock registered with the Commission or is required to file reports with the Commission. The Commission s investigation in this matter is continuing. ======END OF PAGE 2======