UNITED SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 15401 / July 2, 1997
SECURITIES AND EXCHANGE COMMISSION v. JACOB Y. TERNER, NISSAN KAHEN,
PARVIZ
KAHEN, THEODORE W. DUTTON, GEORGE D. VOIGT, and ANDREA GUILLEN
DUTTON,
Civil Action No. 97-4812 GHK (JGx) (C.D. Cal.)
The Securities and Exchange Commission announced that on July 2,
1997,
it filed an action in United States District Court in Los Angeles,
California, alleging insider trading in the stock of Century MediCorp,
Inc.
("Century"), an operator of HMOs based in Los Angeles, California,
immediately prior to its acquisition by Foundation Health Corporation
("Foundation") in July 1992. Defendants in the action include Dr.
Jacob Y.
Terner ("Terner"), then CEO, President and Chairman of the Board of
Century, and Theodore W. Dutton ("Dutton"), then member of the Board
of
Century. Terner and Dutton are alleged to have conveyed material
nonpublic
information regarding merger negotiations between Century and
Foundation to
other Defendants. Specifically, Terner is alleged to have tipped his
friend and colleague, Defendant Dr. Nissan Kahen, who then profited
$225,750 by trading Century stock, and who also tipped his brother,
Defendant Parviz Kahen, who then profited $40,000 by trading Century
stock.
Dutton is alleged to have tipped his friend and business associate,
Defendant George Voigt ("Voigt"), who then profited $87,500 by
trading
Century stock. Finally, Defendant Andrea Guillen Dutton, Dutton's
daughter-in-law, is alleged to have profited $16,002.50 by trading
Century
stock while in possession of material nonpublic information. All
defendants reside in Southern California.
Four of the six defendants have consented to the entry of
permanent
injunctions prohibiting them from future violations of the antifraud
provisions of Section 10(b) of the Securities Exchange Act of 1934 and
SNIPPETS:
UNITED SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 15401 / July 2, 1997 SECURITIES AND EXCHANGE COMMISSION v. JACOB Y.
KAHEN, THEODORE W. DUTTON, GEORGE D. VOIGT, and ANDREA GUILLEN
it filed an action in United States District Court in Los Angeles, California, alleging
Terner and Dutton are alleged to have conveyed material nonpublic information regarding
Specifically, Terner is alleged to have tipped his friend and colleague, Defendant Dr. Nissan
Dutton is alleged to have tipped his friend and business associate, Defendant George Voigt,
Four of the six defendants have consented to the entry of permanent injunctions prohibiting
In addition to consenting to be enjoined, Terner has consented to pay a one-time Insider
Enforcement Act of 1988 penalty of $225,750 equalling the profits of his alleged tippee,
Parviz Kahen has also acknowledged that the Court is not imposing an ITSFEA penalty based
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