U.S. Securities and Exchange Commission
Litigation Release No. 17645 / July 31, 2002
, United States District Court for the Northern District of California,
Civil Action No. C-02-3685 RS.
The Securities and Exchange Commission ("SEC") today filed a civil
lawsuit against three Northern California men who made more than
$670,000 in illegal profits through insider trading in the securities
of Adaptec, Inc. The SEC complaint alleges that Michael Ofstedahl, a
former Adaptec Vice President, abused his position by tipping inside
information to his friend and dentist, Robert Rutner, in exchange for
Rutner's promise to share any trading profits. Rutner in turn tipped
William Kuncz, Rutner's friend and business associate, who also traded
in Adaptec securities. In a separate incident, the complaint also
alleges that Rutner abused his position as a member of the board of
directors of Puma Corporation, by tipping Kuncz with inside
information about Puma. Kuncz traded on this information and avoided
losses of more than $9,000. Simultaneous with the filing of the
complaint, and without admitting or denying the allegations in the
complaint, Rutner and Kuncz agreed to settle the SEC action by paying
more than $1,150,000 in disgorgement, penalties and prejudgment
interest, injunctions against future violations of the securities laws
and other relief. The SEC litigation against Ofstedahl continues.
In addition, the U.S. Attorney's Office for the Northern District of
California ("USAO") announced that a federal grand jury sitting in San
Jose, California, has returned an indictment charging Ofstedahl with
criminal securities fraud based on the Adaptec trades, as well as
three counts of perjury, three counts of making a false statement to a
government agency, and one count of obstruction of justice, based on
untruthful testimony he gave during the SEC investigation.
With regard to Adaptec, which is based in Milpitas, California, the
SEC complaint alleges that Ofstedahl, Rutner and Kuncz engaged in
insider trading in advance of an Adaptec press release issued after
the close of the stock markets on January 6, 1999. In the release,
Adaptec announced that its earnings for the quarter ended December 31,
1998 would "exceed $.20" per share, well above analysts' estimates. In
particular, the complaint alleges that
* Ofstedahl, who was then Adaptec's Vice President for Worldwide
Original Equipment Manufacturer sales, had a pre-existing
agreement to share inside information about Adaptec's financial
performance with his friend, Rutner;
* Pursuant to this agreement, Rutner agreed to trade on inside
information about Adaptec and split any profits with Ofstedahl;
SNIPPETS:
, United States District Court for the Northern District of California, Civil Action No.
The Securities and Exchange Commission today filed a civil lawsuit against three Northern
The SEC complaint alleges that Michael Ofstedahl, a former Adaptec Vice President, abused his
In a separate incident, the complaint also alleges that Rutner abused his position as a
In addition, the U.S. Attorney's Office for the Northern District of California announced
With regard to Adaptec, which is based in Milpitas, California, the SEC complaint alleges
In the release, Adaptec announced that its earnings for the quarter ended December 31, 1998
In particular, the complaint alleges that * Ofstedahl, who was then Adaptec's Vice President
With regard to Puma, which is based in San Jose, California, the SEC complaint alleges that
the SEC charges the defendants with securities fraud based on their illegal insider trading.
The complaint seeks disgorgement of illegal profits, plus interest, and civil monetary
The complaint also seeks injunctions against the defendants prohibiting their future
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