UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16397 / January 3, 2000
Securities and Exchange Commission v. Richard H. Ference and Kevin J.
Kirkbride, 99 Civ. 4028 (LMM) (S.D.N.Y.)
SEC SETTLES INSIDER TRADING CHARGES AGAINST TWO FORMER NEW YORK
BANKERS
The Securities and Exchange Commission today announced that on
December 28 and 29, 1999, the Honorable Lawrence M. McKenna, United
States District Judge, Southern District of New York, entered final
judgments of permanent injunction and other relief against defendants
Kevin J. Kirkbride and Richard H. Ference. These judgments settle a
civil action filed by the Commission on June 3, 1999, alleging that
for two years Ference and Kirkbride engaged in an insider trading
scheme involving over a dozen stocks.
At the time of the unlawful conduct alleged in the Complaint, Ference
was a Vice President in the New York office of the Bank of
Tokyo-Mitsubishi Trust Company, and Kirkbride was employed in the
Investment Banking Division of Smith Barney, Inc., and its successor
firm, Salomon Smith Barney, Inc. According to the Complaint, in order
to hide their trading, the defendants agreed that Ference would do all
of the trading and that he would pay one-third of the profits to
Kirkbride, keep one-third for himself, and retain one-third to pay
taxes. Thereafter, Kirkbride obtained and disclosed confidential
information to Ference concerning at least thirteen transactions
contemplated by clients of his employer. Ference then purchased stock
of those companies involved in these transactions. In addition, both
Ference and Kirkbride did additional insider trading without telling
the other. Ference made trades that he did not disclose to Kirkbride,
and on at least six occasions, Kirkbride made trades through an
account in his own name that he maintained away from his employer, in
clear violation of the firm's policies.
In agreeing to settle this matter, the defendants consented to
permanent injunctions enjoining them from violating Sections 10(b) and
14(e) of the Securities Exchange Act of 1934 ("Exchange Act"), and
Rules 10b-5 and 14e-3 thereunder, without admitting or denying the
facts alleged in the Commission's Complaint. Defendant Ference was
ordered to pay disgorgement of $1,030,976.59, and a civil penalty of
$1,030,976.59, for a total of $2,061,953.18. Defendant Kirkbride was
ordered to pay disgorgement of $194,557.77, and a civil penalty of
$50,000, for a total of $244,557.77.
In addition, earlier today, the Commission instituted and
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Securities and Exchange Commission v. Richard H. Ference and Kevin J. Kirkbride,
SEC SETTLES INSIDER TRADING CHARGES AGAINST TWO FORMER NEW YORK
These judgments settle a civil action filed by the Commission on June 3, 1999, alleging that
At the time of the unlawful conduct alleged in the Complaint, Ference was a Vice President in
rd for himself, and retain one-third to pay taxes.
Kirkbride obtained and disclosed confidential information to Ference concerning at least
Ference made trades that he did not disclose to Kirkbride, and on at least six occasions,
In agreeing to settle this matter, the defendants consented to permanent injunctions
Defendant Ference was ordered to pay disgorgement of $1,030,976.59, and a civil penalty of
In addition, earlier today, the Commission instituted and simultaneously settled a public
The Commission's Order, to which Kirkbride consented, bars him from association with any
Defendants Ference and Kirkbride also have pleaded guilty to criminal charges brought by the
|