U.S. Securities & Exchange Commission Washington, D.C. Litigation Release No. 16058 / February 11, 1999 SECURITIES AND EXCHANGE COMMISSION v. SAMIR TRABOULSI, ET. ALS., U.S. District Court for the Southern District of New York (97 Civ. 5759) (RPP) SEC SETTLES WITH TWO FOR $4.2 MILLION IN TRIANGLE INDUSTRIES INSIDER TRADING CASE; TOTAL RECOVERIES NOW $ 5.7 MILLION The United States District Court for the Southern District of New York Monday entered final judgments of permanent injunction and other relief against Socofinance, S.A. and Charbel Ghanem. Both defendants had previously been charged along with six other foreign nationals and another foreign entity with insider trading before the 1988 tender offer for Triangle Industries, Inc. by Pechiney Corporation. The judgments, to which Socofinance and Ghanem consented without admitting or denying the allegations in the Commission’s Complaint, provide for permanent injunctions against future violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 10b-5 and 14e-3 thereunder, disgorgement of the approximately $3.6 million in illegal profits that have been frozen in Switzerland and prejudgment interest totaling $720,000. The Commission’s Complaint alleged that Ghanem was tipped about the tender offer by his friend, Samir Traboulsi, who served as an advisor to Triangle during the tender offer negotiations. The Complaint also alleged that Ghanem, a Swiss national born in Lebanon, who was a founder and director of a Swiss currency brokerage firm, Socofinance, then directed the purchase of 91,000 shares of Triangle stock in the account of International Discount Bank & Trust (West Indies) Ltd. at Socofinance. The Complaint alleged that Ghanem controlled both Socofinance and International Discount Bank & Trust at the time of the trading. After the tender offer, the 91,000 shares in the Socofinance account were sold for profits of approximately $3.6 million. Those profits are being retained by order of the government of Switzerland pursuant to a request by the Commission. The Commission’s Complaint alleged that by virtue of Ghanem’s criminal conviction in France resulting from the events alleged in the Complaint, Socofinance and Ghanem are collaterally estopped from denying liability in this action. The Commission previously reached settlements with three other defendants in this case; Traboulsi, Alain Boublil, and Patrick Gruman. Including the monies to be disgorged by Ghanem and Socofinance, the Commission has now recovered $5.7 million in illegal trading profits and prejudgment interest as a result of settlements in this case. Earlier, on October 30, 1998, the Commission won summary judgment against the four defendants with whom it has not settled: International Discount Bank & Trust, Max Theret, Robert Reiplinger, and Jean-Pierre Emden. Each of those defendants was permanently enjoined from future violations of Exchange Act Section 10(b) and Rule 10b-5 thereunder, and International Discount Bank & Trust, Theret, and Reiplinger were also enjoined from future violations of Exchange Act Section 14(e) and Rule 14e-3 thereunder. They were ordered to disgorge illegal profits in the following amounts, plus prejudgment interest thereon: International Discount Bank & Trust, $3,659,713 (jointly and severally with Socofinance and Ghanem), Theret and Reiplinger $1,479,183 (jointly and severally), Reiplinger, an additional $82,147, and Emden, $244,417. The Commission acknowledges the assistance of the Swiss Federal Office of Police Matters in this matter.