Securities and Exchange Commission
Litigation Release No. 16313 / September 29, 1999
Securities and Exchange Commission v. Dr. Alan Brody,
99 Civ. 02579 (HHK) (DDC) (September 29, 1999)
SEC Sues Psychiatrist for Insider Trading
On September 29, 1999, the Securities and Exchange Commission filed a
complaint in the United States District Court for the District of
Columbia against Dr. Alan Brody, a psychiatrist licensed to practice
in Maryland, New York and the District of Columbia. The Commission's
complaint alleges that Dr. Brody engaged in insider trading based on
information he misappropriated from a patient, an officer of Penril
DataComm Networks, Inc. who knew of an upcoming business combination
involving Penril and Bay Networks Incorporated.
The complaint specifically alleges that on June 11, 1996, the patient
had a 45-minute doctor's appointment with Dr. Brody starting at 1 00
p.m. During that appointment, the patient, who had recently been told
by Penril's executive vice president of the proposed combination so
that the patient could assist in performing certain due diligence
tasks, told Dr. Brody about the upcoming acquisition. The complaint
alleges that the patient believed that the information he confided to
Dr. Brody during his professional treatment, including information
regarding the proposed business combination involving Penril and Bay,
would be held in confidence and would not be used by Dr. Brody for his
own personal benefit. Nevertheless, within 15 minutes after the
appointment ended, Dr. Brody began to purchase Penril common stock. On
that day and the next, Dr. Brody purchased a total of 15,000 shares of
Penril stock through two different brokerage firms.
Several days later, on June 17, 1996, Penril and Bay publicly
announced that Penril would spin off a business unit to its
shareholders and sell the remainder of its business to Bay in a stock
transaction valued at $120 million. The announcement caused Penril's
stock price to increase from $10.00 to $13.625 per share, or 36.25
percent. Dr. Brody reaped $38,000 in profits when he sold his shares
shortly after the public announcement.
Simultaneous with the filing of the Complaint, Dr. Brody consented,
without admitting or denying the allegations of the Complaint, to the
issuance of a final judgment permanently enjoining him from violating
the antifraud provisions of the federal securities laws, Section 10(b)
of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder, and ordering him to pay $87,558.06, representing
disgorgement of his illegal profits, prejudgment interest thereon, and
SNIPPETS:
Securities and Exchange Commission v. Dr. Alan Brody,
On September 29, 1999, the Securities and Exchange Commission filed a complaint in the United
The Commission's complaint alleges that Dr. Brody engaged in insider trading based on
During that appointment, the patient, who had recently been told by Penril's executive vice
Nevertheless, within 15 minutes after the appointment ended, Dr. Brody began to purchase
On that day and the next, Dr. Brody purchased a total of 15,000 shares of Penril stock
Dr. Brody reaped $38,000 in profits when he sold his shares shortly after the public
Simultaneous with the filing of the Complaint, Dr. Brody consented, without admitting or
r the Insider Trading Sanctions Act.
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