SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17154 / September 27, 2001
Civil Action No. 01 CV 8729 (S.D.N.Y.) (filed September 27, 2001)
SEC Files Insider Trading Charges Against Three Tippees of a Former Salomon
Smith Barney Investment Banking Analyst
The Commission today filed a civil complaint in the United States
District Court for the Southern District of New York against Brendan
Sterne, Kent Walker, and Ryan Doersam. The complaint alleges that the
defendants collectively engaged in repeated acts of insider trading
involving the securities of nine publicly traded companies over a
nine-month period, resulting in total illegal profits of $62,436.83.
According to the complaint, each of the defendants was separately
approached by Michael A. Petrescu-Comnene ("Petrescu-Comnene"), whom
each knew from either high school or college, and who then worked as
an analyst in the investment banking division of Salomon Smith Barney,
Inc. ("Salomon"). Each defendant agreed to trade securities in his own
account based on information to be provided by Petrescu-Comnene and,
in return, agreed to give Petrescu-Comnene half of his trading
profits. Petrescu-Comnene then tipped each of the defendants with
material, nonpublic information about proposed mergers or acquisitions
involving Salomon clients. Each of the defendants knew that
Petrescu-Comnene worked at Salomon and knew or was reckless in not
knowing that Petrescu-Comnene had improperly provided them with
information.
With respect to Sterne, age 25, the Commission's complaint
specifically alleges that he received illegal tips and profitably
traded the securities of eight companies beginning in December 1999.
Petrescu-Comnene first tipped Sterne prior to the December 20, 1999
public announcement that MMI Companies, Inc., a Salomon client, would
be acquired by The St. Paul Companies. Based on this tip, Sterne
purchased 1500 shares of MMI stock, one business day prior to the
announcement, and quickly sold his position, making a profit of
$7,125. Following the MMI transaction, Sterne profitably traded the
securities of seven other companies after receiving tips from
Petrescu-Comnene. Sterne made his largest profit by purchasing 20
Associates First Capital Corp. ("AFS") call options the day before the
September 6, 2000 announcement that Citigroup Inc. ("Citigroup"),
Salomon's parent, had agreed to purchase AFS in an all-stock
transaction valued at $31.1 billion. The public announcement resulted
in a 38 percent increase in the underlying price of AFS stock and
resulted in profits to Sterne of $16,125. All told, Sterne's profits
SNIPPETS:
SEC Files Insider Trading Charges Against Three Tippees of a Former Salomon Smith Barney
The Commission today filed a civil complaint in the United States District Court for the
The complaint alleges that the defendants collectively engaged in repeated acts of insider
Each defendant agreed to trade securities in his own account based on information to be
Petrescu-Comnene then tipped each of the defendants with material, nonpublic information
Based on this tip, Sterne purchased 1500 shares of MMI stock, one business day prior to the
Following the MMI transaction, Sterne profitably traded the securities of seven other
The public announcement resulted in a 38 percent increase in the underlying price of AFS
With respect to Doersam, age 24, the Commission's complaint specifically alleges that
Also as part of the scheme, Petrescu-Comnene and at least one of the defendants arranged to
Simultaneous with the filing of the complaint, each of the defendants has consented, without
Sterne and Walker will also pay civil penalties of $5,000 and $4,500, respectively, provided
Similarly, Doersam has consented to the entry of a final judgment that orders him to pay
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