SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17153 / September 27, 2001
Civil Action No. 01 CV 8726 (GBD) (S.D.N.Y.) (filed September 27, 2001)
SEC Files Settled Insider Trading Action Against Former Citibank Attorney
The Commission today filed a complaint in the United States District
Court for the Southern District of New York against David K. Tomney, a
former Vice President and attorney in the corporate tax group of
Citibank, N.A. ("Citibank"). The Commission's complaint alleges that
Tomney engaged in insider trading in the securities of Associates
First Capital Corp. ("AFS") prior to the September 6, 2000
announcement that Citigroup Inc., Citibank's parent company, had
agreed to purchase AFS in a transaction valued at $31.1 billion.
The Commission's complaint specifically alleges that the day before
the public announcement, Tomney obtained material, nonpublic
information concerning Citigroup's planned acquisition of AFS while
attending meetings with senior Citibank executives. Among other
things, Tomney was told that Citigroup was then considering an
acquisition, that a board meeting would be convened later that day and
that, if all went well, the acquisition would be announced the next
day. According to the complaint, immediately following these meetings,
Tomney, while in possession of this material, nonpublic information,
purchased 1000 shares of AFS through his Citibank brokerage account.
When the merger was announced the next day, AFS stock closed at $38.63
per share, representing an increase of approximately 38 percent over
the previous day's closing price. That same day, September 6, 2000,
Tomney sold all of his AFS stock and made a profit of $11,562.50.
Simultaneously with the filing of the complaint, Tomney, without
admitting or denying the allegations in the complaint, consented to
the entry of a final judgment permanently enjoining him from violating
Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act")
and Rule 10b-5 thereunder. The judgment also requires Tomney to pay a
total of $23,562.50, including disgorgement of profits of $11,562.50,
prejudgment interest of $437.50, and a civil penalty pursuant to
Section 21A of the Exchange Act of $11,562.50.
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Modified 09/27/2001
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
Civil Action No. 01 CV 8726
SEC Files Settled Insider Trading Action Against Former Citibank Attorney
The Commission today filed a complaint in the United States District Court for the Southern
The Commission's complaint alleges that Tomney engaged in insider trading in the securities
The Commission's complaint specifically alleges that the day before the public announcement,
Among other things, Tomney was told that Citigroup was then considering an acquisition, that
When the merger was announced the next day, AFS stock closed at $38.63 per share,
That same day, September 6, 2000, Tomney sold all of his AFS stock and made a profit of
Simultaneously with the filing of the complaint, Tomney, without admitting or denying the
The judgment also requires Tomney to pay a total of $23,562.50, including disgorgement of
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