==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15315 / April 4, 1997 SEC v. Abul Bhuiyan, Nilkanth Patel, Hasmukh Patel, Janak C. Patel, Janak M. Patel and Kanubhai Patel, 96 Civ. 4384 (JS) (E.D.N.Y. Sept. 5, 1996) The Commission announced today that, on March 26, 1997, the United States District Court for the Eastern District of New York entered final judgments against five defendants whom the Commission charged with obtaining more than $128,000.00 through illegal trading in securities of Royce Laboratories, Inc. ("Royce"). Specifically, Nilkanth Patel, Hasmukh Patel, Janak C. Patel, Janak M. Patel, and Kanubhai Patel each was permanently enjoined from future violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Rule 10b-5. The court ordered these defendants to pay a total of $128,190.00 in disgorgement, $51,604.87 in prejudgment interest, and $74,677.38 in civil penalties under the Insider Trading and Securities Fraud Enforcement Act of 1988 ("ITSFEA") as follows: Nilkanth Patel's final judgment orders him to pay $49,190.00 in disgorgement plus $22,290.61 in prejudgment interest and an ITSFEA penalty of $49,190.00. Hasmukh Patel's final judgment orders him to pay $13,273.25 in disgorgement plus $6,014.82 in prejudgment interest and does not impose an ITSFEA penalty based on his demonstrated inability to pay. Janak C. Patel's final judgment orders him to pay $23,236.75 in disgorgement plus $10,529.81 in prejudgment interest and an ITSFEA penalty of $11,618.38 based on his demonstrated inability to pay a greater penalty. Janak M. Patel's final judgment orders him to pay $28,621.00 in disgorgement plus $6,484.85 in prejudgment interest and does not impose an ITSFEA penalty based on his demonstrated inability to pay. Kanubai Patel's final judgment orders him to pay $13,869.00 in disgorgement plus $6,284.78 in prejudgment interest and an ITSFEA penalty of $13,869.00. Previously, the court had entered a final judgment against the remaining defendant, Abul Bhuiyan, permanently enjoining him ==========================================START OF PAGE 2====== from future violations of Section 10(b) of the Exchange Act and Rule 10b-5, and ordering him to pay an ITSFEA penalty of $1,811.00. The Commission did not seek disgorgement or prejudgment interest from Abul Bhuiyan because he repaid his illegal profits to Royce, his employer. Any disgorgement and prejudgment interest paid by defendants will be 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 the defendants in the Complaint, which alleges two rounds of illegal trading. In the first round, Abul Bhuiyan, Royce's executive vice president, Nilkanth Patel, formerly Royce's Director of Research and Development, and Hasmukh Patel, a Royce chemist, purchased Royce securities in September 1991 while in possession of material, nonpublic information that Royce was about to receive or had received tentative approval from the U.S. Food and Drug Administration to market the generic drug Piroxicam. Also, Nilkanth Patel tipped his friends Janak C. Patel and Janak M. Patel, Janak C. Patel tipped his relative, Kanubhai Patel, and Hasmukh Patel tipped a relative, each of whom illegally purchased Royce securities. In the second round, Nilkanth Patel learned material, nonpublic information concerning an adverse change in the approval status of Piroxicam and shared this information with Hasmukh Patel. Nilkanth Patel tipped Janak C. Patel, who tipped Janak M. Patel and Kanubhai Patel. Each then illegally sold Royce stock before Royce's public announcement on April 22, 1992 that the FDA had denied final approval of Piroxicam. Each defendant consented to the entry of the final judgment against him without admitting or denying the allegations in the Complaint. For further information, see Litigation Release No. 15033 (Sept. 5, 1996).