SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15816 / July 20, 1998 SECURITIES AND EXCHANGE COMMISSION v. CHARLES L. BRUMFIELD et al., United States District Court for the Southern District of New York, 95 Civ. 9283 (JES) The Securities and Exchange Commission has settled its insider trading claims against Joseph Penna based on Penna's purchase of stock options of NCR Corporation in November 1990. Without admitting or denying the Commission's allegations, Penna consented to the entry of a final judgment permanently enjoining him from violating Sections 10(b) and 14e-3 of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3, requiring him to disgorge his alleged unlawful trading profits of $36,671, and ordering him to pay prejudgment interest. Based on his demonstrated financial inability to pay, payment of prejudgment interest was waived and no civil penalty will be imposed. The settlement papers, which are subject to judicial approval, were filed with the United States District Court for the Southern District of New York today. Penna, 55, of Roseland, New Jersey, is one of twenty persons the Commission accused of participating in an insider trading ring centered around Charles Brumfield, a former AT&T labor relations executive who from 1988 through 1991 learned about AT&T's secret plans to acquire four companies. During that period, Penna, an executive board member of Local 827, International Brotherhood of Electrical Workers, frequently negotiated with Brumfield over labor issues. In its complaint, the Commission alleged that Brumfield tipped Penna in November 1990 concerning AT&T's plan to acquire NCR Corporation. According to the complaint, Penna thereafter purchased a total of approximately $3,200 worth of NCR call option contracts. After AT&T publicly announced an offer for NCR on December 2, 1990, Penna sold the options for a profit of over $36,000-more than eleven times his investment in eleven days. The Commission filed its civil action against Brumfield, Penna, and fifteen other defendants in October 1995. See SEC Lit. Rel. 14706 (Oct. 31, 1995). Eleven of those defendants have now settled, and two had summary judgments entered against them based in part on their prior criminal convictions arising out of the same scheme. See SEC Lit. Rel. 15559 (Nov. 13, 1997). Four defendants-Robert Allen, Sharon Seiden, Warren Smith, and John Lynch-remain in the case, which is scheduled for trial beginning on January 11, 1999. Three other alleged participants in the insider trading ring entered into settlements with the Commission in separate proceedings brought by the Commission in 1997 and earlier this year. See SEC Lit. Rel. 15648 (Feb. 20, 1998).