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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
QUIZENBEURY COMMISSION BROKERED DEPOSITS SECURITIES COMPLAINT SOLD BANK STOCK EXCHANGE COMMISSION CHARGES UNITED STATES SOUTHERN DISTRICT ACCEPTING BROKERED DEPOSITS RESTITUTION PAYMENT MELISSA KEYSTONE INSIDER TRADING COURT WEST VIRGINIA PAY REPORTS EXECUTIVES OCC WORTHLESS INSOLVENT ACT CRIMINAL CHARGE PLEAD GUILTY FELONY |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16959 \ April 10, 2001
SECURITIES AND EXCHANGE COMMISSION V. MELISSA K. QUIZENBEURY, Civil
Action No. 1 01-303 (S.D.W. Va.) (filed April 10, 2001)
FORMER KEYSTONE BANK OFFICER AND DIRECTOR SETTLES SEC CHARGES OF
INSIDER TRADING
On April 10, 2001, the Commission filed a complaint in the United
States District Court for the Southern District of West Virginia
alleging that Melissa K. Quizenbeury, a former officer and director of
First National Bank of Keystone ("Bank"), sold Bank stock while in
possession of material nonpublic information about the adverse
financial condition and improper activities conducted at the Bank.
Between June 16, 1999 and July 6, 1999, Quizenbeury sold 2,000 Bank
shares at $220.00 per share and avoided losses of $440,000.
The Commission's complaint specifically alleges that at the time
Quizenbeury sold her stock, she knew that the Office of the
Comptroller of the Currency ("OCC") had prohibited the Bank from
accepting brokered deposits. Brokered deposits are deposits obtained
by banks for which the banks pay a fee. Despite the OCC's restriction,
Quizenbeury knew that the Bank had accepted millions of dollars in
brokered deposits. Quizenbeury also falsely reported to the Executive
Committee of the Bank's Board of Directors that the Bank had not
accepted brokered deposits. Quizenbeury also knew that Bank executives
had falsified Bank records and filed inaccurate reports with the OCC.
At the time she sold her Bank stock, Quizenbeury knew that it was
essentially worthless.
On September 1, 1999, the OCC declared the Bank to be insolvent, and
the FDIC was appointed as receiver for the Bank. The insolvency
determination followed the OCC's discovery that the assets of the Bank
had been overstated by as much as $515 million. By September 2, 1999,
the Bank stock was worthless.
Simultaneously with the filing of the Commission's complaint,
Quizenbeury, without admitting or denying the Commission's
allegations, consented to the entry of a judgment permanently
enjoining her from violating Section 17(a) of the Securities Act of
1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule
10b-5 thereunder.
The United States Attorney's office for the Southern District of
West Virginia has filed a criminal charge against Quizenbeury
arising from the same conduct charged in the SEC complaint.
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