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SEC v DONNA YUN and JERRY BURCH Click to find out why . . .



Keywords & Phrases
CaseNo: LR-17360, CourtCode: DIS, CourtName: STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ISSUED A, Defendant: Donna Yun and Jerry Burch, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>LR-17360, Yun, Civil, Disgorgement, Burch, Civil Contempt, Contracts, Securities, Exchange Commission, District, Florida, Pay, Judgement, Jury, Earnings, Demeanor, Amount, Bond, Penalty, Husband, Scholastic Common, Profit, Undertook, Cocktail Party, Series Contracts, Net Profit, Jury Verdict, Illegal Profits Plus, Profits Plus Prejudgment , ContentID: 120252377

Case Documents
1 2002-02-12 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 127405
2 pages
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Total Documents: 1 document , 2 pages
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1 . SEC LITIGATION RELEASE

EXTRACTED KEY WORDS
YUN
CIVIL
DISGORGEMENT
BURCH
CIVIL CONTEMPT
CONTRACTS
SECURITIES
EXCHANGE COMMISSION
DISTRICT
FLORIDA
PAY
JUDGEMENT
JURY
EARNINGS
DEMEANOR
AMOUNT
BOND
PENALTY
HUSBAND
SCHOLASTIC COMMON
PROFIT
DEFENDANTS
UNDERTOOK
COCKTAIL PARTY
SERIES CONTRACTS
NET PROFIT
JURY VERDICT
ILLEGAL PROFITS PLUS
PROFITS PLUS PREJUDGMENT
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.

Litigation Release No. 17360 / February 12, 2002

   , Civil Action No. 6 99-CV-117-ORL-22A (M.D,. Fla. February 8, 2002)

   The Securities and Exchange Commission announced today that the United
   States District Court for the Middle District of Florida issued a
   Memorandum and Order holding real estate broker Donna Yun in civil
   contempt for failing to pay the $269,000 disgorgement judgment. In
   December 2000, a jury found her liable for tipping her co-worker Jerry
   Burch with inside information concerning Scholastic Corporation's
   forthcoming disappointing earnings announcement.

   The Court found Yun's demeanor at the hearing "ironically contemptuous
   in light of the threat of imprisonment facing her," and that Yun was
   "largely without credibility, based on her argumentative demeanor with
   counsel and the Court, her pattern of answering questions with other
   questions, and her conveniently selective memory." In a 12 page
   Decision, the Court
     * held Yun in civil contempt and ordered that she be incarcerated
       unless she pays the full amount of disgorgement or secures a bond
       in that amount within 10 days;
     * denied Yun's motion for stay of the judgment pending appeal unless
       she posts a $500,000 supersedeas bond (covering disgorgement plus
       her $100,000 penalty and interest) within 10 days; and
     * ruled that the Court is not bound by Florida state law which would
       exempt from execution three $100,000 annuity contracts that Yun
       funded on the first day of trial.

   The Commission's 1999 Complaint alleged that on February 18, 1997, Yun
   learned from her husband, an officer of Scholastic, the material
   non-public information that it expected to announce an unanticipated
   loss of 20-30 cents per share for the quarter ending February 28,
   1997, and that the price of Scholastic common stock would likely
   decline as a result. Yun breached the duty of confidence she undertook
   to her husband, and disclosed the inside information at a cocktail
   party that night to Burch. On February 19 and 20, Burch purchased 130
   Scholastic put option contracts, including 10 February series
   contracts which expired on February 21. After release of the earnings
   announcement on February 20, Scholastic common dropped approximately
   40 per cent, from $61.50 to $36.75. On February 21, Burch exercised
   his options for a net profit of approximately $269,000.

   Following the jury verdict, the Court held both Defendants jointly and
   severally liable for disgorgement of the illegal profits plus
   prejudgment interest, and imposed a $100,000 civil penalty on each.
SNIPPETS:
  • The Securities and Exchange Commission announced today that the United States District Court
  • a jury found her liable for tipping her co-worker Jerry Burch with inside information
  • The Court found Yun's demeanor at the hearing "ironically contemptuous in light of the threat
  • * held Yun in civil contempt and ordered that she be incarcerated unless she pays the full
  • Yun breached the duty of confidence she undertook to her husband, and disclosed the inside
  • On February 19 and 20, Burch purchased 130 Scholastic put option contracts, including 10
  • After release of the earnings announcement on February 20, Scholastic common dropped
  • On February 21, Burch exercised his options for a net profit of approximately $269,000.
  • Following the jury verdict, the Court held both Defendants jointly and severally liable for
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