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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
BUCCHIERI SECURITIES ACT INVESTMENT ADVISERS PAY STAR EXCHANGE COMMISSION COMPLAINT UNITED STATES CONSENT RESTITUTION PRISON AMOUNT VIOLATIONS RECORDKEEPING DISCLOSURE REGISTER CLIENTS DISTRICT DAVID PETER MBM RJW GUILTY PLEAS RELATED CRIMINAL PROCEEDINGS PAYMENTS THEREON PLUS PRE-JUDGMENT PAY DISGORGEMENT |
SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 16060 / February 12, 1999
SECURITIES AND EXCHANGE COMMISSION v. PETER BUCCHIERI AND
DAVID S. WEIL (U.S.D.C. - S.D.N.Y.) 96 Civ. 8508 (LMM)
The Securities and Exchange Commission ("Commission") announced
today the filing on February 11, 1999 of final judgments on consent
against Peter C. Bucchieri and David S. Weil in the United States
District Court for the Southern District of New York. The Commission's
Complaint, filed on November 13, 1996, alleged, among other things, that
Bucchieri and Weil, while acting as principals of Star Capital
Management, Inc. ("Star Capital"), a now defunct investment adviser,
misappropriated at least $1.2 million dollars from Star Capital’s
clients through the sale of sham "pooled" real estate investments and
the diversion of funds from clients’ bank accounts. The complaint also
alleged that Bucchieri and Weil failed to register Star Capital or
themselves as investment advisers with the Commission and failed to
comply with certain disclosure and recordkeeping requirements of the
Investment Advisers Act of 1940 ("Advisers Act"). As a result,
Bucchieri and Weil violated certain antifraud, registration, disclosure,
and record-keeping provisions of the federal securities laws.
Without admitting or denying the allegations in the Commission's
Complaint, Bucchieri and Weil have each consented to permanent
injunctions against future violations of Section 17(a) of the Securities
Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and
Rule 10b-5 thereunder, and Sections 203(a), 206(1), 206(2), and 206(4)
of the Advisers Act. Additionally, Weil has consented to pay
disgorgement in the amount of $454,306.26, plus pre-judgment interest
thereon in the amount of $237,487.57. These payments were waived based
upon Weil’s demonstrated inability to pay.
In related criminal proceedings Bucchieri and Weil were both convicted
based upon their guilty pleas. United States v. Bucchieri, 96 Cr. 1070 (RJW);
United States v. Weil, 95 Cr. 1102 (MBM). Bucchieri was sentenced to 33
months in prison and to pay $1,747,551.85 in restitution. Weil was sentenced
to 14 months in prison and to pay restitution of $774,441.78.
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2
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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
WONG PHYSIO-CONTROL ALLEGES ACQUISITION COMMON STOCK GORMAN CIVIL SECURITIES EXCHANGE INSIDER TRADING COMPLAINT PROFIT MATTER SETTLE CONSENTING ADMITTING DENYING ALLEGATIONS ENTRY JUDGMENT PERMANENTLY ENJOINING FUTURE VIOLATIONS SECURITIES EXCHANGE ACT THEREUNDER PAYMENT DISGORGEMENT PREJUDGMENT CIVIL PENALTY ASSISTANCE NASD REGULATION |
SECURITIES AND EXCHANGE
COMMISSION
SEC v. Gorman K. Wong, Civil Action No. 99-01094 (W.D. Wash.
1999)
Litigation Release No. 16061 / February 12, 1999
The Securities and Exchange Commission ("Commission") today
filed an insider trading case against an employee of Physio-
Control International Corporation ("Physio-Control"). The
complaint alleges that Gorman K. Wong, age 32, of Bellevue,
Washington used nonpublic information about Physio-Control’s
impending acquisition by Medtronic, Inc. ("Medtronic") when
buying Physio-Control stock in June 1998.
The Commission alleged that in May 1998, Wong, who had been
asked to prepare information used during the merger negotiations,
was told by Physio-Control’s senior management that Medtronic
would very likely acquire Physio-Control. The Commission further
alleged that Wong used the inside information concerning the
acquisition in purchasing a total of 1775 shares of Physio-
Control common stock during June 1998. When the acquisition was
publicly announced on Monday, June 29, 1998, Physio-Control’s
common stock increased in price by over 14 percent, from $23.00
on Friday, June 26, 1998, to $26.25 on June 29, 1998, enabling
Wong to earn a profit of $8,068.75 from his insider trading.
Wong voluntarily contacted the Commission about this matter.
He has cooperated fully with the Commission’s investigation and
has provided the Commission staff with helpful information. He
has agreed to settle the case by consenting, without admitting or
denying the allegations of the complaint, to the entry of a
judgment permanently enjoining him from future violations of
Section 10(b) of the Securities Exchange Act of 1934 and Rule
10b-5 thereunder and to the payment of $16,237.31, including
$8,068.75 in disgorgement of profits, prejudgment interest of
$99.81, and a civil penalty of $8,068.75.
The Commission acknowledges the assistance of NASD
Regulation, Inc., in this matter.
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