U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16146 / May 14, 1999 SECURITIES AND EXCHANGE COMMISSION v. WALDRON & CO., INC.; CERY B. PERLE, Civil Action No. 99-3299 DT (Ex) (C.D. Cal.) A federal judge in Los Angeles has found that Cery B. Perle, part owner and former president of a now-defunct Irvine, California brokerage firm, Waldron & Co., manipulated the stock of the Corona del Mar, California Internet retailer, Shopping.com. In the decision, which was in response to a lawsuit filed by the Securities and Exchange Commission last September, the judge found that Perle, age 36, planned, directed and executed a scheme to fraudulently increase the price of Shopping.com’s stock by 255%. Waldron profited by over $4.1 million from the illegal scheme. The findings, which were signed by U.S. District Judge Dickran Tevrizian on May 3, 1999 and released this week, show that from November 25, 1997 through March 23, 1998, Perle and Waldron artificially raised the price of Shopping.com’s stock from its IPO price of $9.00 to more than $32.00 a share. The Commission had suspended trading in the security on March 24, 1998, due to suspected manipulative conduct. Perle manipulated Shopping.com’s stock by, among other things, controlling the supply for the security. In fact, the court found that Perle and Waldron controlled over 90% of the supply of Shopping.com’s stock. In order to control supply, Perle sold 220,000 shares of Shopping.com’s stock to Waldron customers without their authorization, parking the stock in their accounts while asking a Waldron broker to "bury" more stock in the accounts of other Waldron customers. Perle also parked at least 75,000 shares in twelve fictitious customer accounts. To further control supply and prop up the price of Shopping.com’s stock, Perle prevented Waldron customers from selling their stock. According to the court’s findings, Perle threatened to fire any Waldron broker who allowed customers to sell Shopping.com’s stock to persons outside of Waldron. He ridiculed brokers who allowed their customers to sell at all and made brokers sign an agreement forfeiting their commissions if their customers sold Shopping.com’s stock within 90 days of their purchase. Moreover, Perle personally refused to honor sell instructions that he received from Waldron customers. In addition to making the above findings, the court permanently enjoined Waldron and Perle from violating the antifraud provisions of the federal securities laws, Section 17(a) of the Securities Act of 1933 and Sections 10(b) and 15(c)(1) of the Securities Exchange Act of 1934 and Rules 10b-5 and 15c1-2 thereunder. The court also imposed $110,000 in civil penalties against Perle.