SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16395/ December 21, 1999
, Civil Action No. 99 Civ. 12256 (S.D.N.Y.) (MBM) (filed December 21,
1999)
SEC Sues Former Chairman and CEO of Investment Banking Firm for Illegally
Providing Insider Information on Six Deals
On December 21, 1999, the Securities and Exchange Commission filed a
civil injunctive action in the United States District Court for the
Southern District of New York, against James J. McDermott, Jr., the
former Chairman and Chief Executive Officer of Keefe, Bruyette &
Woods, Inc., an investment banking firm, and two other individuals for
insider trading. The complaint alleges that McDermott provided
material nonpublic information concerning at least six merger
transactions to Kathryn B. Gannon, who in turn tipped a friend,
Anthony P. Pomponio.
The complaint alleges that from at least June 1997 through April 1998,
McDermott, as Chairman and CEO of Keefe, Bruyette, obtained material
nonpublic information in advance of merger transactions. During that
time, McDermott and Gannon were involved in a relationship. According
to the complaint, McDermott provided to Gannon the inside information
he obtained at Keefe. Gannon then purchased securities in relatively
unknown regional banks. Gannon purchased stock in Central Fidelity
Banks, Inc., First Commerce Corp., California State Bank (West
Covina), First Commercial Corp., Advanta Corporation, and Barnett
Banks, Inc. Each of the banks whose stock Gannon traded was either
involved in merger negotiations with potential suitors or actually
consummated a merger transaction contemporaneously with her trading.
In addition, with respect to all but one of Gannon's bank stock
purchases, Keefe, Bruyette represented the target in the merger
transaction or was otherwise associated in some way with one of the
parties to the transaction. As a result of her illegal trading, Gannon
made profits of at least $88,135. In addition, during the period
September 3, 1997 through September 23, 1998, McDermott transferred at
least $37,000 to Gannon in the form of certified checks and wire
transfers.
The complaint also alleges that Gannon tipped Pomponio, to whom she
boasted that she had escort clients in New York City who were "well
connected Wall Street types," including lawyers, stockbrokers and
other "high level people." Pomponio, with knowledge of the reliability
of the material nonpublic information concerning pending mergers
obtained from Gannon, traded in advance of five of the merger
transactions, reaping profits of at least $86,378.
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
Civil Action No. 99 Civ.
SEC Sues Former Chairman and CEO of Investment Banking Firm for Illegally Providing Insider
On December 21, 1999, the Securities and Exchange Commission filed a civil injunctive action
The complaint alleges that McDermott provided material nonpublic information concerning at
The complaint alleges that from at least June 1997 through April 1998, McDermott, as Chairman
McDermott and Gannon were involved in a relationship.
Gannon then purchased securities in relatively unknown regional banks.
Gannon purchased stock in Central Fidelity Banks, Inc., First Commerce Corp., California
Each of the banks whose stock Gannon traded was either involved in merger negotiations with
In addition, with respect to all but one of Gannon's bank stock purchases, Keefe, Bruyette
In addition, during the period September 3, 1997 through September 23, 1998, McDermott
The complaint also alleges that Gannon tipped Pomponio, to whom she boasted that she had
Pomponio, with knowledge of the reliability of the material nonpublic information concerning
The Commission's complaint seeks to permanently restrain and enjoin McDermott, Gannon and
In addition, the complaint seeks disgorgement of all ill-gotten gains, prejudgment interest
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