SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17150 / September 25, 2001
SEC v. Devin A. Danehy, (U.S.D.C. W.D. Kentucky, Civil Action No. 3 01CV555,
filed September 21, 2001)
The Securities and Exchange Commission ("Commission") announced that
on September 25, 2001, the Honorable John G. Heyburn II, U.S. District
Judge for the Western District of Kentucky, entered a Final Judgment
and Order of Permanent Injunction and Other Relief ("Order") in an
insider trading case against Devin A. Danehy ("Danehy"), a former
resident of Louisville, Kentucky at the time of the conduct and a
current resident of Orlando, Florida.
The Commission's Complaint alleges the following. From July 22, 1998
through October 9, 1998, Danehy engaged in insider trading in the
securities of Tricon Global Restaurants, Inc. ("Tricon"), a company
headquartered in Louisville, Kentucky, and comprised of four operating
companies KFC, Pizza Hut, Taco Bell and Tricon International. Danehy
was a manager in the Business Analysis Group at Tricon. In this
capacity, Danehy participated in the preparation of confidential
internal Tricon documents reporting Tricon's financial results and
forecasts of its financial results for the third and fourth quarter of
1998. These documents were prepared for Tricon's senior management and
board of directors. Danehy knew that Tricon's earnings announcements
would be based on the information contained in these internal reports.
Danehy purchased 210 Tricon call options on July 22, August 17 and 18,
and October 8 and 9, while in possession of this information.
The Commission also alleges the following. After Tricon made
significant, positive public announcements about its financial results
on August 19, 1998, and October 15, 1998, its stock price rose. The
August 19 press release stated that Tricon expected "operating profit
to be up 30 percent, operating EPS to be up over 70 percent while
(fully diluted) EPS, which includes facility action net gains, should
be up over 50 percent." The October 15 announcement stated that
Tricon's earnings for the third quarter were, in fact, "up 60 percent
to $128 million, or $0.82 per diluted share - beating expectations."
Danehy sold his options after these earnings announcements were made,
and gained a profit of $110,301.
The Commission further alleges that Danehy was subject to Tricon's
insider trading policies. The insider trading policies prohibited
Danehy from purchasing Tricon securities while in possession of
material, non-public information, and also banned the purchase of
Tricon options.
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
SEC v. Devin A. Danehy,
W.D. Kentucky, Civil Action No. 3 01CV555, filed September 21, 2001)
The Securities and Exchange Commission announced that on September 25, 2001, the Honorable
The Commission's Complaint alleges the following.
From July 22, 1998 through October 9, 1998, Danehy engaged in insider trading in the
Danehy was a manager in the Business Analysis Group at Tricon.
Danehy participated in the preparation of confidential internal Tricon documents reporting
Danehy knew that Tricon's earnings announcements would be based on the information contained
After Tricon made significant, positive public announcements about its financial results on
The August 19 press release stated that Tricon expected "operating profit to be up 30
The October 15 announcement stated that Tricon's earnings for the third quarter were, in
Danehy sold his options after these earnings announcements were made, and gained a profit of
The insider trading policies prohibited Danehy from purchasing Tricon securities while in
Without admitting or denying the allegations in the Commission's Complaint, Danehy consented
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