SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 16647 \ August 9, 2000
SEC RECOVERS $314,357 IN PENALTIES AND DISGORGEMENT FROM THREE HEALTH
INSURANCE EXECUTIVES FOR INSIDER TRADING IN EMPLOYEE BENEFIT PLANS,
INC.
Securities and Exchange Commission v. Thomas A. Toussaint, Michael C.
Slagle and Erwin K. Geigle, U.S.D.C. for the District of Minnesota,
Civil Action No. 98-CV-2406 DSD/JMM
The SEC today announced the settlement of a complaint for insider
trading in the securities of Employee Benefit Plans, Inc. ("EBP")
against Thomas A. Toussaint of Eden Prairie, Minnesota, Michael C.
Slagle of Fairhope, Alabama and Erwin K. Geigle of Bismarck, North
Dakota. Under the settlement, the defendants consent to pay $314,357
in disgorgement, interest and penalties.
EBP was an underwriter and administrator of health insurance plans,
headquartered in Minneapolis, Minnesota. The SEC had filed a complaint
in this matter in November 1998. The complaint alleged that in the
Spring of 1995, Thomas Toussaint, who was in charge of EBP's
underwriting department, tipped Michael Slagle, a friend and business
associate, about pending merger negotiations between EBP and First
Financial Management Corporation. Slagle then purchased EBP securities
and in turn tipped Erwin Geigle, a friend and business associate, of
the pending negotiations. Geigle also purchased EBP securities. In
addition, Slagle recommended EBP to one other friend and business
associate who purchased EBP, and Geigle recommended EBP to seven other
friends and business associates who purchased EBP. The tipping and
trading violated Section 10(b) of the Securities Exchange Act of 1934
and Rule 10b-5 thereunder.
Toussaint, Slagle and Geigle consented, without admitting or denying
the allegations of the complaint, to the entry of final judgments
which will permanently enjoin them from violations of Section 10(b) of
the Exchange Act and Rule 10b-5 thereunder. Pending approval by the
Court, the defendants also consented to pay $133,294 in disgorgement
and to pay prejudgment interest on the disgorgement in the amount of
$71,372.61. In addition, Toussaint consented to pay a civil penalty of
$41,230 equal to the profits of his tippee Slagle, Slagle consented to
pay a civil penalty of $41,230 equal to his profits and Geigle
consented to pay a civil penalty of $27,231 equal to his profits. The
total payments will be $314,357.61.
_________________________________________________________________
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
SEC RECOVERS $314,357 IN PENALTIES AND DISGORGEMENT FROM THREE HEALTH INSURANCE EXECUTIVES
for the District of Minnesota,
The SEC today announced the settlement of a complaint for insider trading in the securities
Under the settlement, the defendants consent to pay $314,357 in disgorgement, interest and
EBP was an underwriter and administrator of health insurance plans, headquartered in
The SEC had filed a complaint in this matter in November 1998.
The complaint alleged that in the Spring of 1995, Thomas Toussaint, who was in charge of
Slagle then purchased EBP securities and in turn tipped Erwin Geigle, a friend and business
In addition, Slagle recommended EBP to one other friend and business associate who purchased
Toussaint, Slagle and Geigle consented, without admitting or denying the allegations of the
Pending approval by the Court, the defendants also consented to pay $133,294 in disgorgement
In addition, Toussaint consented to pay a civil penalty of $41,230 equal to the profits of
|