UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16643 / August 3, 2000
SEC v. Cosmas Anastassiou et al., 98 Civ. 5680 (D.C.), (S.D.N.Y.)
DEADLINE FOR FILING PROOF OF CLAIM FORM BY CERTAIN PERSONS AND
ENTITIES WHO SOLD SECURITIES OF VIVRA, INC. IS EXTENDED TO SEPTEMBER
15, 2000.
In 1998, the Securities and Exchange Commission filed a civil action
in United States District Court for the Southern District of New York
alleging that the defendants engaged in illegal insider trading in
securities and options for the securities of Vivra, Inc. Without
admitting or denying the allegations, the defendants consented to the
entry of Final Judgments which enjoined them from future violations of
certain Federal securities laws and which ordered them to disgorge
their alleged illegal trading profits. These profits, which totaled
approximately $370,000 are now in a Fund under the control of a
Court-appointed Receiver who is responsible for distributing them on a
pro rata basis to qualified claimants. (See Litigation Release No.
15840, August 11, 1998).
You may be eligible to receive a pro rata distribution from the Fund
(1) If you sold Vivra common stock on April 30, 1997, May 1, or May 2,
1997, and
(2) You timely file with the Receiver a Proof of Claim form and
include all required information and documentation. In determining the
actual amount you may receive, the Receiver will take into account
both your purchases and your sales of the subject securities on the
eligible trade dates in order to assure that you were a "net seller".
The amount available to pay claims will be the amount of money in the
Fund minus administration expenses and taxes incurred by the Fund. As
specified in the Plan, the available distribution will be allocated on
a percentage basis among qualified claimants and will be allocated pro
rata to the extent claims exceed the available distribution.
Proof of Claim forms have been forwarded to potential claimants at
their last known addresses. If you are a potential claimant and have
not filed a claim or have not received a claim form, please note that
the deadline for filling a Proof of Claim form has been extended to
September 15, 2000. You may obtain a Proof of Claim form by contacting
the Receiver's agent at the address shown below. In order to qualify
as a claimant, you must file a completed Proof of Claim form
postmarked no later than September 15, 2000 at the address shown
below. If you have previously filed a Proof of Claim form, please
disregard this notice. Please follow the instructions in the Proof of
SNIPPETS:
SEC v. Cosmas Anastassiou et al.,
DEADLINE FOR FILING PROOF OF CLAIM FORM BY CERTAIN PERSONS AND ENTITIES WHO SOLD SECURITIES
In 1998, the Securities and Exchange Commission filed a civil action in United States
Without admitting or denying the allegations, the defendants consented to the entry of Final
These profits, which totaled approximately $370,000 are now in a Fund under the control of a
(See Litigation Release No. 15840, August 11, 1998).
You timely file with the Receiver a Proof of Claim form and include all required information
In determining the actual amount you may receive, the Receiver will take into account both
As specified in the Plan, the available distribution will be allocated on a percentage basis
Proof of Claim forms have been forwarded to potential claimants at their last known addresses.
If you are a potential claimant and have not filed a claim or have not received a claim form,
You may obtain a Proof of Claim form by contacting the Receiver's agent at the address shown
In order to qualify as a claimant, you must file a completed Proof of Claim form postmarked
Please follow the instructions in the Proof of Claim form very carefully, and be sure to
Professor Peter J. Henning, Esq.
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