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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 15100 / October 1, 1996
SECURITIES And EXCHANGE COMMISSION v. CASEY ABE, CALBERT ABE,
PATRICIA ABE, DENISE ABE F/K/A/ DENISE MIYASATO, GLADYS TENGAN
And LENA LYNCH Civ. No. 96-6887 SVW (C.D.C.A. (RCX))
The Commission announced that, on September 30, 1996, Casey Abe,
Calbert Abe, Patricia Abe, Denise Abe F/K/A/ Denise Miyasato
("Miyasato"), Gladys Tengan ("Tengan") and Lena Lynch ("Lynch"),
were charged in the United States District Court for the Central
District of California with insider trading in the securities of
Total Pharmaceutical Care, Inc. ("Total"). According to the
Commission's complaint, Patricia Abe, a Total employee,
communicated material, nonpublic information about Total's
proposed merger with Abbey Healthcare Group, Inc. ("Abbey") to
her husband, Calbert Abe and his brother Casey Abe, prior to the
public announcement of the merger on September 7, 1993. The
complaint alleged that Casey Abe communicated this information to
his aunt, Tengan and to his close personal friend Miyasato, who
is now his wife. The complaint further alleged that Patricia
Abe, Calbert Abe, Casey Abe and Tengan purchased Total common
stock while in possession of this information prior to the public
announcement using Miyasato's account in an attempt to conceal
their trades. Patricia Abe, Calbert Abe, Casey Abe and Tengan
then shared the approximately $8,500, in profits from these
transactions.
The Commission's complaint also charged that Lynch, an Abbey
employee, purchased Total common stock prior to the public
announcement while in possession of material, nonpublic
information concerning the merger.
The Commission's complaint sought an injunction permanently
enjoining Casey Abe, Calbert Abe, Patricia Abe, Miyasato, Tengan
and Lynch from future violations of Section 10(b) and Rule 10b-5
of the Securities Exchange Act of 1934, an order requiring them
to disgorge their illegal trading profits plus prejudgment
interest thereon, and an order requiring each of the defendants
to pay a penalty pursuant to the Insider Trading Securities Fraud
Enforcement Act of 1988. Each of the defendants, without
admitting or denying the allegations in the complaint, consented
to the entry of a final judgment ordering all of the relief
sought by the Commission.
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
SECURITIES And EXCHANGE COMMISSION v. CASEY ABE, CALBERT ABE,
PATRICIA ABE, DENISE ABE F/K/A/ DENISE MIYASATO, GLADYS TENGAN
And LENA LYNCH Civ.
The Commission announced that, on September 30, 1996, Casey Abe, Calbert Abe, Patricia Abe,
According to the Commission's complaint, Patricia Abe, a Total employee, communicated
The complaint alleged that Casey Abe communicated this information to his aunt, Tengan and to
The complaint further alleged that Patricia Abe, Calbert Abe, Casey Abe and Tengan purchased
Patricia Abe, Calbert Abe, Casey Abe and Tengan then shared the approximately $8,500, in
The Commission's complaint also charged that Lynch, an Abbey employee, purchased Total common
The Commission's complaint sought an injunction permanently enjoining Casey Abe, Calbert Abe,
Each of the defendants, without admitting or denying the allegations in the complaint,
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