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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE NO. 15062 / September 23, 1996
SECURITIES AND EXCHANGE COMMISSION v. DONALD JOHN TYSON AND
FREDERICK LEE CAMERON. Civil Action No. 96-5150 (JLH), USDC,
WD/AR (Fayetteville Division)
The Securities and Exchange Commission ("Commission")
announced the filing of a Complaint on September 23, 1996, in
United States District Court in Fayetteville, Arkansas, against
Donald John Tyson ("Tyson") and Frederick Lee Cameron ("Cameron")
seeking injunctive relief against both defendants for violations
of Section 10(b) of the Securities Exchange Act of 1934
("Exchange Act"), and Rule 10b-5 thereunder. The Commission's
Complaint alleges that Cameron purchased common stock of Arctic
Alaska Fisheries Corporation ("Arctic") while in possession of
material non-public information about the pending acquisition of
Arctic by Tyson Foods, Inc. ("Tyson Foods"). The Complaint
further alleges that Cameron obtained the information in the form
of a "tip" from his close friend, Tyson, who, at the time, was
Chairman of the Board of Directors and majority shareholder of
Tyson Foods.
The final plan of acquisition was executed by Arctic and
Tyson Foods on June 15, 1992, and Tyson Foods made the
announcement of the acquisition prior to the stock markets'
opening on June 16, 1992. Prior to the announcement, Tyson
signed a confidentiality agreement with Arctic. According to the
Complaint, on or before June 2, 1992, the day Cameron purchased
Arctic stock, Tyson "tipped" Cameron about the pending
acquisition in breach of his fiduciary duty owed to Arctic
shareholders, and in contravention of Tyson Foods' insider
trading policy. The Complaint further alleges that on June 2,
Cameron, while in possession of material non-public information,
purchased 9,000 shares of Arctic at $6.625 per share for a total
of $59,625, excluding brokerage fees, and sold the stock on June
16, the day of the public announcement, at $11.75 per share for a
total sales price of $105,750. Thus, it is alleged that Cameron
realized a profit of $46,125.
Simultaneously with the filing of the Complaint, Stipulation
and Consents were also filed as to both Tyson and Cameron in
which they agree, without admitting or denying the allegations in
the Commission's Complaint, and pending final approval by the
Court, to be permanently enjoined from future violations of
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION v. DONALD JOHN TYSON AND FREDERICK LEE CAMERON.
Civil Action No. 96-5150, USDC, WD/AR (Fayetteville Division)
The Commission's Complaint alleges that Cameron purchased common stock of Arctic Alaska
The Complaint further alleges that Cameron obtained the information in the form of a "tip"
The final plan of acquisition was executed by Arctic and Tyson Foods on June 15, 1992, and
According to the Complaint, on or before June 2, 1992, the day Cameron purchased Arctic
Thus, it is alleged that Cameron realized a profit of $46,125.
Simultaneously with the filing of the Complaint, Stipulation and Consents were also filed as
Further, Cameron agrees to disgorge $46,125, representing his profit made by trading on
Additionally, Cameron and Tyson each agree to pay a civil penalty of $46,125.
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