SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.
Litigation Release No.16049 / February 1, 1999
SECURITIES AND EXCHANGE COMMISSION v. CHARLES L. BRUMFIELD et
al., United States District Court for the Southern District of
New York, 95 Civ. 9283 (JES)
The Commission has obtained liability findings and a
settlement against three of the last four remaining defendants in
its civil enforcement proceedings against twenty people who
allegedly traded securities while in possession of material,
nonpublic information concerning AT&T’s plans to acquire four
companies between 1988 and 1991. The Commission alleged that the
defendants obtained the information, directly or indirectly, from
Charles Brumfield, a former vice-president in AT&T’s labor
relations department.
Shortly before trial, on January 6, 1999, the United States
District Court for the Southern District of New York approved a
settlement reached by the Commission with defendant Warren F.X.
Smith, Sr. On January 11, 1999, the first day of trial,
defendant Robert Allen stipulated to civil liability for insider
trading under Sections 10(b) and Rule 14(e) of the Securities
Exchange Act of 1934 and Rules 10b-5 and 14e-3. After a two-and-
a-half week trial, on January 26, 1999, a jury rendered a verdict
finding that defendant Sharon Seiden engaged in insider trading
in violation of Section 14(e) of the Exchange Act and Rule 14e-3.
The jury verdict also found Seiden and defendant John Lynch not
liable for insider trading under Section 10(b) of the Exchange
Act and Rule 10b-5.
The specific allegations against these defendants are as
follows:
Warren F.X. Smith, Sr. The Commission alleges that Smith
received inside information on two AT&T takeover targets: Digital
Microwave Corporation and Teradata Corporation. According to the
complaint, Charles Brumfield passed the information to Thomas
Alger, a close friend of Brumfield’s who also worked in AT&T’s
labor relations department, and Alger in turn tipped, among
others, Robert Flanagan, an old friend. In the case of Digital
Microwave, the Commission alleges that in March 1991 Robert
Flanagan tipped his attorney, defendant John Lynch, who then
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION v. CHARLES L. BRUMFIELD et al., United States District
The Commission has obtained liability findings and a settlement against three of the last
The Commission alleged that the defendants obtained the information, directly or indirectly,
Shortly before trial, on January 6, 1999, the United States District Court for the Southern
On January 11, 1999, the first day of trial, defendant Robert Allen stipulated to civil
After a two-and-a-half week trial, on January 26, 1999, a jury rendered a verdict finding
The Commission alleges that Smith received inside information on two AT&T takeover targets:
According to the complaint, Charles Brumfield passed the information to Thomas Alger, a close
In the case of Digital Microwave, the Commission alleges that in March 1991 Robert Flanagan
Allen and members of his immediate family made more than $300,000 in insider trading profits,
(Flanagan was tipped by Thomas Alger, who received the information from Charles Brumfield.)
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