SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15040 / September 12, 1996 SEC v. MARY ANN SHANK, KENNETH R. ROOP, DONALD M. SCHWARTZ, and MILDRED SHANK, Civil Action No. C-96-20757 (JW) (N.D. Cal. Sept. 12, 1996) The Securities and Exchange Commission announced today that it filed an insider trading action in the United States District Court for the Northern District of California against Mary Ann Shank, Kenneth R. Roop, Donald M. Schwartz and Mildred Shank. The Complaint alleges that the violations occurred when Mary Ann Shank and Kenneth Roop tipped others to purchase, Donald Schwartz and Mildred Shank purchased, and Donald Schwartz caused a friend to purchase, the securities of Affymax N.V., a biotechnology company located in Palo Alto, California, in the weeks preceding the January 26, 1995 announcement of a tender offer for Affymax by Glaxo plc. The Commission alleges that by engaging in such conduct, the defendants violated Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. The Commission's suit alleges that Mary Ann Shank, a legal assistant to Affymax's general counsel, passed material, nonpublic information relating to the proposed tender offer, which she obtained while working on the transaction, to her housemate, Roop, and to her mother, Mildred Shank. Roop, in turn, tipped his brother-in-law, who was the subject of a prior Commission action, and another friend and business associate, Schwartz. Roop's brother-in-law realized a profit of approximately $107,712 by purchasing Affymax call options and common stock in the weeks preceding the tender offer's announcement. Schwartz realized $83,625 in profits by purchasing Affymax shares before the announcement and paid Roop a portion of this profit in exchange for the tip. Schwartz also passed information relating to the tender offer to a close friend of his, who thereafter realized $147,500 in illegal profits by trading in Affymax common stock prior to the public announcement. Mildred Shank profited by approximately $8,412 by purchasing Affymax shares following her daughter's disclosures to her. Total illegal profits resulting from Mary Ann Shank's improper communications to others amounted to approximately $350,000. Simultaneous with the filing of the Commission's Complaint, Mildred Shank consented, without admitting or denying the allegations of the Complaint, to the entry of a final judgment permanently enjoining her from violating Sections 10(b) and 14(e) of the Exchange Act and Rules 10b-5 and 14e-3 thereunder, and requiring her to disgorge her profit of $8,412.50 plus $943.81 in prejudgment interest. No other defendants have settled this action. ==========================================START OF PAGE 2====== The Commission acknowledges the assistance of the Chicago Board Options Exchange and the National Association of Securities Dealers in investigating this matter. The investigation of trading in Affymax securities is continuing.