U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 16092 / March 19, 1999 SECURITIES AND EXCHANGE COMMISSION v. RICHARD J. SMITH, Civil Action No. 95-6440 - MRP (BQRx)(C.D. Cal.) The Securities and Exchange Commission announced that Judge Mariana R. Pfaelzer of the United States District Court in Los Angeles entered judgment against Richard J. Smith on March 17, 1999 in an insider trading case. The judgment enjoins Smith from future violations of the antifraud provisions, Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5. Smith consented to the entry of the judgment. Smith held a senior management position at PDA Engineering, Inc., where he was responsible for the company’s sales in North America. In this position, Smith learned that the company’s management expected fiscal fourth quarter 1993 revenues to fall below expectations and, later, that revenues had fallen below projections. Smith then used this material, non-public information in a series of transactions in which he sold existing shares of PDA, sold short additional shares, and tipped his father and a co-worker, who also sold shares. When the company announced its fourth quarter earnings several weeks later, the stock price declined. Smith, his father and the co-worker avoided losses on their existing PDA stock and Smith and his father profited on their short sales. Smith was convicted in federal district court on 11 counts of insider trading following a jury trial in 1996. He is presently serving 15 months imprisonment, and is ordered to pay $89,567.58 in restitution, $5,500 in fines, and remain on supervised release for 3 years following imprisonment.