SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 16314 / September 29, 1999
SECURITIES AND EXCHANGE COMMISSION v. JEFFREY P. EHRLICH, MICHAEL E.
EHRLICH, HOWARD S. GROSSMAN, JOSEPH C. PALERMO and ANTHONY P.
VASSALLO, Civil Action No. 99 CV 10067 (S.D.N.Y.) (filed September 28,
1999)
SEC Sues Jeffrey P. Ehrlich, Michael E. Ehrlich, Howard S. Grossman,
Joseph C. Palermo and Anthony P. Vassallo for Insider Trading
On September 28, 1999, the Commission filed a complaint in the United
States District Court for the Southern District of New York against
Jeffrey P. Ehrlich, Michael E. Ehrlich, Howard S. Grossman, Joseph C.
Palermo and Anthony P. Vassallo, alleging insider trading in the
securities of Edison Brothers Stores Corporation ("Edison Brothers")
prior to a negative news announcement by Edison Brothers on August 29,
1995.
The Commission's complaint alleges that, on or about August 17, 1995,
on a confidential basis, Edison Brothers approached CIT/Business
Credit to help restructure its debt. The complaint further alleges
that, several days later, on August 21, 1995, Anthony P. Vassallo,
then an Assistant Vice President and loan officer at The CIT
Group/Business Credit, Inc., in violation of his fiduciary duty to his
employer, tipped his long-time friend, Jeffrey P. Ehrlich, about
Edison Brothers' deteriorating financial condition. According to the
complaint, immediately after Vassallo's illegal tip, Jeffrey Ehrlich
purchased short-term, out-of-the-money Edison Brothers put options,
betting that the price of Edison Brothers stock would decrease
significantly and quickly. The complaint alleges that Jeffrey Ehrlich
then passed the information on to his brother, Michael P. Ehrlich, who
also bought short-term, out-of-the-money Edison Brothers put options.
That same day, either or both of the Ehrlichs allegedly tipped their
mutual friend, Joseph C. Palermo. Palermo allegedly then purchased
Edison Brothers put options and tipped his brother. The complaint also
alleges that Michael Ehrlich tipped Howard S. Grossman, who sold
Edison Brothers stock short. After Edison Brothers issued a series of
negative announcements on August 29, 1995, Edison Brothers common
stock declined by more than 40%. The traders then liquidated their
positions, realizing total profits of approximately $124,000. The
complaint alleges that, shortly thereafter, Jeffrey Ehrlich gave
$8,000 of his trading profits to Vassallo.
The Commission's complaint seeks injunctions against Jeffrey Ehrlich,
Michael Ehrlich, Howard Grossman, Joseph Palermo and Anthony Vassallo
for violating Section 10(b) of the Securities Exchange Act of 1934
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
The Commission's complaint alleges that, on or about August 17, 1995, on a confidential
According to the complaint, immediately after Vassallo's illegal tip, Jeffrey Ehrlich
That same day, either or both of the Ehrlichs allegedly tipped their mutual friend, Joseph C.
The complaint alleges that, shortly thereafter, Jeffrey Ehrlich gave $8,000 of his trading
The Commission's complaint seeks injunctions against Jeffrey Ehrlich, Michael Ehrlich, Howard
The complaint seeks disgorgement of all profits earned, including prejudgment interest, and
The Final Judgment as to Michael Ehrlich waives payment of disgorgement and does not impose a
Jeffrey Ehrlich consented to pay disgorgement of $40,000, with additional amounts in
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