SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 17212 / October 31, 2001
SECURITIES AND EXCHANGE COMMISSION v. MICHAEL R. HENDRIX, et al., Civ.
Action No. C-00-20655 (JW) (N.D. Cal.)
SEC OBTAINS SETTLED FINAL JUDGMENT AGAINST ANOTHER DEFENDANT IN
XYLOGICS INSIDER TRADING CASE
On October 26, 2001, the United States District Court for the Northern
District of California entered a settled final judgment against John
H. Oh, one of the remaining defendants in the Commission's insider
trading case arising from unlawful purchases of Xylogics, Inc. stock
in September 1995. The final judgment permanently enjoins Oh from
violating the antifraud provisions of Section 10(b) of the Securities
Exchange Act of 1934 and Rule 10b-5 thereunder, and requires him to
disgorge $47,570.31 in illicit profits and interest. Based on Oh's
documented financial condition, however, the Court waived payment of
Oh's disgorgement obligation beyond $36,000, permitted him to pay his
obligation in installments over a period of one year, and did not
impose a civil penalty. Oh consented to entry of the final judgment
without admitting or denying the allegations in the Commission's
complaint.
The Commission's complaint, originally filed in June 2000 and later
amended in October 2000, charges 12 people with insider trading and
tipping before a September 6, 1995 announcement that Bay Networks,
Inc. would acquire Xylogics. It alleges that defendant Michael R.
Hendrix, while working for Bay Networks, learned that Bay Networks
would acquire Xylogics, and then traded heavily in Xylogics stock and
tipped numerous friends and former colleagues who also traded.
According to the complaint, one of Hendrix's tippees, San H. Mai, in
turn tipped Oh, who immediately bought $100,000 worth of Xylogics
stock - more than twice his annual salary at the time - on margin and
with money borrowed from his friend and co-defendant Nick S. Park.
After Bay Networks' acquisition of Xylogics became public the
following day, Oh realized $34,437.50 in profits from his purchase of
Xylogics stock. (See Litigation Release No. 16591/June 15, 2000.)
With this settlement, the Commission has now obtained final judgments
against 8 of the 12 defendants in the case. The other defendants who
previously settled with the Commission are Jeffrey S. Summerlin, James
A.S. Lewis, San H. Mai, Bich Thi Hoang, Linh Ngoc Vu, Timothy J.
Helms, and Raymond L. Helms. Details regarding those settlements can
be found in Litigation Release Nos. 16591 (June 15, 2000) and 16999
(May 14, 2001). The four remaining defendants - Michael R. Hendrix,
SNIPPETS:
LITIGATION RELEASE NO. 17212 / October 31,
SECURITIES AND EXCHANGE COMMISSION v. MICHAEL R. HENDRIX, et al., Civ.
XYLOGICS INSIDER TRADING CASE
On October 26, 2001, the United States District Court for the Northern District of California
The final judgment permanently enjoins Oh from violating the antifraud provisions of Section
Based on Oh's documented financial condition, however, the Court waived payment of Oh's
Oh consented to entry of the final judgment without admitting or denying the allegations in
The Commission's complaint, originally filed in June 2000 and later amended in October 2000,
It alleges that defendant Michael R. Hendrix, while working for Bay Networks, learned that
According to the complaint, one of Hendrix's tippees, San H. Mai, in turn tipped Oh, who
With this settlement, the Commission has now obtained final judgments against 8 of the 12
The other defendants who previously settled with the Commission are Jeffrey S. Summerlin,
Details regarding those settlements can be found in Litigation Release Nos.
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