U.S. SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.
LITIGATION RELEASE NO. 17191 / October 16, 2001
Securities and Exchange Commission v. Steven H. Schiffer, Joann R.
Schulz, Gary S. Kramer, Jonathan Solow, Frank J. Cannata, and Peter G.
Mintz, 97 Civ. 5853 (RO) (S.D.N.Y.)
SUMMARY JUDGMENT ENTERED AGAINST ESTATES OF STEVEN SCHIFFER AND GARY
KRAMER; FUNDS RECEIVED TO DATE AND TO BE RECEIVED IN THE FUTURE TO BE
PAID TO U.S. TREASURY
The Securities and Exchange Commission ("Commission") announced today
that summary judgment in , 97 Civ. 5853 (RO) (S.D.N.Y.), was entered
on May 10, 2001, by the United States District Court for the Southern
District of New York against the estates of Steven H. Schiffer and
Gary S. Kramer, the remaining defendants in the action. The court
ordered (i) the Schiffer estate to pay disgorgement of $4,200,000,
plus prejudgment interest of $2,996,980, representing profits Schiffer
unlawfully derived from the direct sale of stock of Phoenix Laser
Systems, Inc. ("Phoenix") in violation of Section 17(a) of the
Securities Act of 1933 ("Securities Act"), Sections 10(b) and 13(a) of
the Securities Exchange Act of 1934, and Rules 10b-5 and 13a-1
thereunder; and (ii) the Schiffer and Kramer estates to pay
disgorgement on the basis of joint and several liability of
$11,578,250.00, plus prejudgment interest of $8,261,855.00,
representing proceeds Schiffer and Kramer unlawfully derived from the
sale of unregistered shares of Phoenix stock in violation of Section 5
of the Securities Act. On September 20, 2001, the court ordered that
all funds now being held in the Court Registry in connection with the
action, plus all interest thereon, as well as all funds the Commission
may collect in the future in connection with the action, be paid to
the United States Treasury.
The Commission's complaint included the following allegations (i) from
May-August 1992, Schiffer and Kramer, among others, manipulated the
price of Phoenix's common stock (Phoenix, now defunct, was in the
business of developing a laser workstation to perform eye surgery);
(ii) from May 1990-April 1992, Schiffer caused Phoenix to make
materially false and misleading statements in Commission filings
concerning the number of orders received for Phoenix's product, the
status of its Food and Drug Administration applications, and
anticipated revenue from the sale of its product; (iii) from January
1991-July 1993, Schiffer engaged in unlawful insider trading while in
possession of material, nonpublic information concerning the matters
about which Phoenix made false statements in Commission filings; and
(iv) from September 1992-July 1993, Schiffer and Kramer sold
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION WASHINGTON,
SUMMARY JUDGMENT ENTERED AGAINST ESTATES OF STEVEN SCHIFFER AND GARY KRAMER; FUNDS RECEIVED
The Securities and Exchange Commission announced today that summary judgment in,
5853, was entered on May 10, 2001, by the United States District Court for the Southern
The court ordered the Schiffer estate to pay disgorgement of $4,200,000, plus prejudgment
, plus prejudgment interest of $8,261,855.00, representing proceeds Schiffer and Kramer unlawfully
On September 20, 2001, the court ordered that all funds now being held in the Court Registry
The Commission's complaint included the following allegations from May-August 1992, Schiffer
1993, Schiffer engaged in unlawful insider trading while in possession of material, nonpublic
The evidence unequivocally demonstrates the defendants made material false and misleading
The evidence also clearly proves Schiffer's and Kramer's insider trading violations based on
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