-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 14738 / November 28, 1995 SECURITIES AND EXCHANGE COMMISSION v. GARY HOWARD FELSHER, IHOR G. KUPCHYNSKY, KIM BUBOLO, RICHARD D. ZIPES, JAMES A. WEIL, RONALD A. LEICHTNER, GEORGE KUPCHYNSKY, ROMAN KUPCHYNSKY, JASON COHEN, AND JON TURNQUIST, 94 Civ. 4150 (LLS) NEW YORK -- The Commission announced today that the Honorable Louis L. Stanton of the United States District Court for the Southern District of New York entered final judgments on consent against defendants Gary Howard Felsher, Richard D. Zipes, James A. Weil, Ronald A. Leichtner and Jason Cohen permanently enjoining each of them from future violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. Also, the Court entered a final judgment on consent against defendant Jon Turnquist permanently enjoining him from future violations of Section 14(e) of the Securities Exchange Act of 1934 and Rule 14e-3. The final judgments order a total of $941,825.11 in disgorgement plus prejudgment interest, and a total of $266,035.45 in civil penalties under the Insider Trading and Securities Fraud Enforcement Act of 1988. These defendants each consented to the entry of the final judgment against him without admitting or denying the allegations in the Complaint, as amended. Any disgorgement and prejudgment interest paid by defendants is being held by the Court for the benefit of persons who submit valid claims arising under the federal securities laws by reason of the conduct alleged against these defendants in the Complaint, as amended. Such claims must be submitted within one year after the date of entry of each final judgment. The Commission intends to petition the Court to appoint a special claims master to develop a distribution plan. In this action, the Commission alleged that, on or before June 6, 1989, defendant Ihor G. Kupchynsky ("Kupchynsky") learned of a planned tender offer for Colorado Prime Corp. ("Colorado Prime") and communicated that information to defendants Bubolo, Felsher and Turnquist. Defendants Kupchynsky, Bubolo, Felsher and Turnquist then purchased Colorado Prime securities on June 6 and 7, 1989, while in possession of this information. The Commission also alleged that, on or about October 30, 1989, defendant Zipes misappropriated material, nonpublic information concerning a planned tender offer for DeSoto, Inc. ("DeSoto"). Defendant Zipes allegedly tipped defendants Kupchynsky, Leichtner, Felsher, Weil and/or Cohen; defendant Kupchynsky allegedly tipped defendants Bubolo, George Kupchynsky, Roman Kupchynsky, Felsher, Leichtner and/or Cohen; and defendant Leichtner allegedly tipped Felsher, Weil and/or Cohen. Defendants Kupchynsky, Felsher, Bubolo, Weil, George Kupchynsky, Roman Kupchynsky, Leichtner, and Cohen then purchased DeSoto securities during the period October 30, through November 9, 1989, while in possession of the misappropriated information. The litigation is pending as to the remaining defendants. For further information, see Litigation Release No. 14115 (June 7, 1994).