SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17223 / November 6, 2001
JURY FINDS MICHAEL G. SARGENT AND DENNIS J. SHEPARD LIABLE FOR INSIDER
TRADING IN PUROLATOR PRODUCTS COMPANY STOCK
SECURITIES AND EXCHANGE COMMISSION v. MICHAEL G. SARGENT, et al., Civ.
No. 96-10609-NG (D. Mass. Nov. 1, 2001)
On November 1, 2001, a jury found that defendants Michael G. Sargent
and Dennis J. Shepard violated section 14(e) of the Securities
Exchange Act of 1934 ("Exchange Act") and Exchange Act rule 14e-3 in
connection with trading in the common stock of Purolator Products
Company. In its complaint, the Commission had alleged that, in
September 1994, Sargent, Shepard, and a third defendant, Robert J.
Scharn violated sections 10(b) and 14(e) of the Securities Exchange
Act of 1934 and Exchange Act rules 10b-5 and 14e-3 by tipping or
trading in Purolator common stock based on material, nonpublic
information about a proposed tender offer for Purolator stock by Mark
IV Industries, Inc. According to the complaint, Shepard tipped Sargent
about the transaction. Sargent then bought Purolator common stock and
tipped Scharn, who also bought the stock. In addition to finding that
Sargent and Shepard violated section 14(e) and rule 14e-3, the jury
found that Sargent violated section 10(b) and rule 10b-5. The jury,
however, found that Shepard did not violate section 10(b) or rule
10b-5 and that Scharn did not violate section 10(b) or 14(e) or rule
10b-5 or 14e-3. The Court will hold further proceedings concerning
remedies.
Previously, in a related criminal trial, a jury convicted Sargent and
Scharn of willfully making false statements in violation of 18 U.S.C.
§ 1001 to attorneys at the Commission in connection with the
Commission's inquiry into possible insider trading in Purolator
securities. Thereafter, in the Commission's civil action against
Sargent, Shepard, and Scharn, Judge Joseph Tauro of the United States
District Court for the District of Massachusetts granted a motion for
judgment as a matter of law in favor of the defendants and against the
Commission. The United States Court of Appeals for the First Circuit
subsequently reversed that decision and remanded the case for a new
trial, which resulted in the verdict rendered on November 1, 2001.
See also Litigation Releases Nos. , , , and .
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Modified 11/07/2001
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION v. MICHAEL G. SARGENT, et al., Civ.
On November 1, 2001, a jury found that defendants Michael G. Sargent and Dennis J. Shepard
In its complaint, the Commission had alleged that, in September 1994, Sargent, Shepard, and a
Sargent then bought Purolator common stock and tipped Scharn,
The jury, however, found that Shepard did not violate section 10or rule 10b-5 and that Scharn
Previously, in a related criminal trial, a jury convicted Sargent and Scharn of willfully
Thereafter, in the Commission's civil action against Sargent, Shepard, and Scharn, Judge
The United States Court of Appeals for the First Circuit subsequently reversed that decision
See also Litigation Releases Nos.
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