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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
SECURITIES EXCHANGE COMMISSION JUDGEMENT PDA SOLD SHARES FATHER RICHARD DISTRICT COURT INSIDER TRADING ACT MANAGEMENT SALES EXPECTATIONS REVENUES CO-WORKER STOCK IMPRISONMENT NORTH AMERICA PROJECTIONS NON-PUBLIC INFORMATION TRANSACTIONS EARNINGS CO-WORKER AVOIDED LOSSES FEDERAL DISTRICT COURT PRESENTLY SERVING PAY RESTITUTION FINES |
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16092 / March 19, 1999
SECURITIES AND EXCHANGE COMMISSION v. RICHARD J. SMITH, Civil
Action No. 95-6440 - MRP (BQRx)(C.D. Cal.)
The Securities and Exchange Commission announced that Judge
Mariana R. Pfaelzer of the United States District Court in Los
Angeles entered judgment against Richard J. Smith on March 17,
1999 in an insider trading case. The judgment enjoins Smith from
future violations of the antifraud provisions, Section 17(a) of
the Securities Act of 1933, Section 10(b) of the Securities
Exchange Act of 1934, and Rule 10b-5. Smith consented to the
entry of the judgment.
Smith held a senior management position at PDA Engineering,
Inc., where he was responsible for the company’s sales in North
America. In this position, Smith learned that the company’s
management expected fiscal fourth quarter 1993 revenues to fall
below expectations and, later, that revenues had fallen below
projections. Smith then used this material, non-public
information in a series of transactions in which he sold existing
shares of PDA, sold short additional shares, and tipped his
father and a co-worker, who also sold shares. When the company
announced its fourth quarter earnings several weeks later, the
stock price declined. Smith, his father and the co-worker
avoided losses on their existing PDA stock and Smith and his
father profited on their short sales.
Smith was convicted in federal district court on 11 counts
of insider trading following a jury trial in 1996. He is
presently serving 15 months imprisonment, and is ordered to pay
$89,567.58 in restitution, $5,500 in fines, and remain on
supervised release for 3 years following imprisonment.
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