SECURITIES AND EXCHANGE COMMISSION
Litigation Release No 16356 / November 17, 1999
SEC v. PATRICK H. MCCARTHY, Civil Action No. 1-99-CV-2003 (U.S.
District Court for the Middle District of Pennsylvania)(YK)
SEC FILES FRAUD ACTION AGAINST SENIOR ADVISER TO FORMER PENNSYLVANIA
STATE TREASURER IN CONNECTION WITH STATE BOND OFFERINGS
The Securities and Exchange Commission today filed a complaint for
securities fraud against Patrick H. McCarthy, a Philadelphia attorney
and former fund raiser and senior adviser to the past Treasurer of the
Commonwealth of Pennsylvania. The complaint charges McCarthy with
arranging for his law firm to receive undisclosed compensation, in
violation of his fiduciary duty, for influencing the selection of a
securities dealer in two Pennsylvania refunding bond offerings in
1994.
In a refunding bond offering, an issuer gets the benefit of lower
current interest rates on its debt by issuing "refunding bonds" and
immediately investing the proceeds in a portfolio of U.S. Treasury or
agency securities structured to pay the principal and interest on old,
higher interest rate bonds. The Commission's complaint alleges that,
although not a Commonwealth employee, McCarthy was viewed by senior
staff as the most powerful person in the Pennsylvania Treasurer's
office, after the Treasurer and the Executive Deputy Treasurer, at the
time of the 1994 refunding bond offerings. Dennis E. Thiemann, then a
longtime consultant to Arthurs Lestrange & Company, a Pittsburgh-based
broker-dealer which served as the Commonwealth's financial adviser for
the offerings, obtained Arthurs Lestrange's agreement that the firm
would pay Thiemann one-third of its deal revenues if Thiemann could
find a larger broker-dealer which would agree to sell the Treasury
securities to the Commonwealth, split its fees with Arthurs Lestrange,
and pay 60 percent of the total to Arthurs Lestrange. Thiemann then
approached his friend, John M. Seidman, who ran a private consulting
firm called JMS Associates, and whom Thiemann believed had contacts
within the Treasurer's office. Seidman and Thiemann discussed several
firms, including Alex. Brown and Sons Incorporated, which Seidman knew
was the financial adviser to the Treasurer's office. Seidman also was
a friend of McCarthy, and knew that McCarthy had a long-standing
relationship with Alex. Brown's municipal securities business.
McCarthy was then approached for his assistance in arranging for Alex.
Brown to be appointed to sell the Treasury securities.
The complaint alleges that McCarthy then contacted Alex. Brown and
offered that Alex. Brown could be appointed to sell the Treasury
securities if it would split fees with Arthurs Lestrange, and pay
SNIPPETS:
SEC FILES FRAUD ACTION AGAINST SENIOR ADVISER TO FORMER PENNSYLVANIA STATE TREASURER IN
The Securities and Exchange Commission today filed a complaint for securities fraud against
In a refunding bond offering, an issuer gets the benefit of lower current interest rates on
The Commission's complaint alleges that, although not a Commonwealth employee, McCarthy was
Dennis E. Thiemann, then a longtime consultant to Arthurs Lestrange & Company, a
ge.
Thiemann then approached his friend, John M. Seidman, who ran a private consulting firm
Seidman and Thiemann discussed several firms,
Brown and Sons Incorporated, which Seidman knew was the financial adviser to the Treasurer's
Seidman also was a friend of McCarthy, and knew that McCarthy had a long-standing
McCarthy was then approached for his assistance in arranging for Alex.
After the first refunding closed in March 1994, Arthurs Lestrange paid one-third of its
Brown's interests in the Treasurer's office in connection with both the March and June 1994
The final judgment enjoins McCarthy from violating Section 17of the Securities Act of 1933,
Also simultaneously with the filing of the complaint, the Commission instituted several
Brown's Public Finance Department at the time of the March 1994 Pennsylvania bond refunding,
Without admitting or denying the Commission's findings, they each consented to orders that
Although Bova informed Commonwealth officials by letter that Arthurs Lestrange and Alex.
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