SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16352 / November 10, 1999
UNITED STATES V. JOSEPH FALCONE, U.S. District Court, E.D.N.Y., No.
99-CR-332 (TCP)
The Securities and Exchange Commission ("Commission") announced that
on November 9, 1999, Joseph T. Falcone ("Falcone"), a resident of Old
Bethpage, New York, and former registered representative of the
Melville, New York branch of a registered broker-dealer. was found
guilty of insider trading. In a trial prosecuted by the Office of the
United States Attorney for the Eastern District of New York, a jury
found Falcone guilty of 14 felony counts arising out of Falcone's
recommendations to customers of securities mentioned in the "Inside
Wall Street" column of Business Week magazine and his own purchases of
such securities.
The Commission previously filed a civil complaint against Falcone,
four other registered representatives, and a foreman at a magazine
distribution facility, alleging that, from June 1995 to January 1996,
the defendants engaged in an insider trading scheme involving
nonpublic advance copies of the "Inside Wall Street" column. The
Commission's Complaint alleges that defendant Larry F. Smath
("Smath"), a registered representative at Renaissance Financial
Securities Corp. in Mineola, New York, obtained advance copies of
"Inside Wall Street" columns from Gregory R. Salvage ("Salvage"), a
foreman at Hudson News Company, before the columns were made public.
In exchange for faxing the columns to him, Smath usually paid Salvage
approximately $200 per column from June 1995 to January 1996. While in
possession of the nonpublic "Inside Wall Street" columns, Smath traded
securities in brokerage accounts in his name and/or the names of his
relatives. In addition, the Commission's Complaint alleges that
Falcone and other defendants paid Smath for communicating the contents
of the "Inside Wall Street" columns to them before the columns were
made public. While in possession of the nonpublic information obtained
from the columns, Falcone and other defendants traded securities
mentioned in the columns and recommended those securities to their
customers. In total, the defendants and their family members and
customers purchased approximately $8 million of securities mentioned
in "Inside Wall Street" columns.
Smath and two of the other defendants in the Commission's action,
Peter L. Cohen and Seth J. Glaser, were also charged by the U.S.
Attorney's Office. Each previously pleaded guilty to a felony charge.
The Commission's action, which alleges that the defendants violated
Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
thereunder, is pending in the United States District Court, Eastern
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
The Securities and Exchange Commission announced that on November 9, 1999, Joseph T. Falcone,
In a trial prosecuted by the Office of the United States Attorney for the Eastern District of
The Commission previously filed a civil complaint against Falcone, four other registered
In exchange for faxing the columns to him, Smath usually paid Salvage approximately $200 per
While in possession of the nonpublic "Inside Wall Street" columns, Smath traded securities in
the Commission's Complaint alleges that Falcone and other defendants paid Smath for
Each previously pleaded guilty to a felony charge.
The Commission's action, which alleges that the defendants violated Section 10of the
For further information about the Commission's action, see Litigation Release No. 16047.
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