SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
LITIGATION RELEASE NO. 17624 / July 22, 2002
SECURITIES AND EXCHANGE COMMISSION v. HUGH THRASHER, JOHN H. ANDERSON,
EZRA CHAMMAH, STANLEY ELBAUM, SCOTT FORBES, GUILLERMO GOMEZ a/k/a
WILLIAM GOMEZ, STEPHEN V. R. GOODHUE, JR., IRA GORMAN, GORMAN
COMMODITIES & SECURITIES, INC., JONATHAN S. HIRSH, RONALD KUZNETSKY,
DARRELL SANDY MARSH, JACK P. MARSH, MICHAEL R. NEWMAN, ROGER K. ODWAK,
ANGELO PETROTTO, LEE ROSENBLATT, ROBERT SACKS, JEFFREY A. SANKER,
DAVID SCHAEN, LEONARD SCHAEN, JULIAN SCHOR, GREGG R. SHAWZIN and MARK
R. SHAWZIN, 92 Civ. 6987 (S.D.N.Y.) (JFK)
On June 11 and June 17, 2002, the United States District Court in
Manhattan entered final judgments against Hugh Thrasher, Jonathan S.
Hirsh, Lee Rosenblatt, and Mark R. Shawzin, the four remaining
defendants in SEC v. Hugh Thrasher, et al, an insider trading case
brought by the Commission against twenty-four defendants. According to
the Commission's amended complaint, filed on March 4, 1993, Thrasher,
while employed as an officer of Motel 6, L.P., communicated material,
nonpublic information to a close friend concerning a planned tender
offer for the company by Accor S.A. in August 1990. The other
twenty-three defendants named in the amended complaint, including
Hirsh, Rosenblatt, and Mark Shawzin, engaged in insider trading by
purchasing the securities of Motel 6 while in possession of that
information before the tender offer was announced on July 12, 1990.
The Commission's complaint alleges that based on this conduct, all of
the defendants violated Sections 10(b) and 14(e) of the Securities
Exchange Act of 1934, and Rules 10b-5 and 14e-3 thereunder.
Specifically, the Commission's amended complaint alleges as follows
* Between late May 1990 through July 12, 1990, Thrasher, then Motel
6's executive vice president in charge of corporate
communications, told Carl Harris, a close friend whom Thrasher
supported financially, that Accor and Motel 6 were in negotiations
for Accor's acquisition of Motel 6.
* Harris, in exchange for a share of trading profits, tipped
relatives, roommates, friends, and acquaintances, setting off a
chain of illegal trading. Among those tipped by Harris was Gregg
Shawzin, who then tipped his brother, Mark Shawzin.
* Between June 12, 1990 and July 5, 1990, Mark Shawzin purchased
Motel 6 securities and tipped others about the planned tender
offer while in possession of material, non-public information.
Mark Shawzin profited in the amount of approximately $126,000 from
his unlawful trading and tipping.
* Harris also tipped Jeffrey Sanker, his roommate, who tipped his
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
DAVID SCHAEN, LEONARD SCHAEN, JULIAN SCHOR, GREGG R. SHAWZIN and MARK R. SHAWZIN, 92 Civ.
On June 11 and June 17, 2002, the United States District Court in Manhattan entered final
According to the Commission's amended complaint, filed on March 4, 1993, Thrasher, while
The other twenty-three defendants named in the amended complaint, including Hirsh,
The Commission's complaint alleges that based on this conduct, all of the defendants violated
Specifically, the Commission's amended complaint alleges as follows * Between late May 1990
* Between June 12, 1990 and July 5, 1990, Mark Shawzin purchased Motel 6 securities and
* Harris also tipped Jeffrey Sanker, his roommate, who tipped his friend Hirsh.
On June 11, 2002, the Court entered a Final Consent Judgment of Permanent Injunction and
On June 17, 2002, the Court entered Final Judgments of Permanent Injunctions and Other Relief
Without admitting or denying the allegations in the amended complaint, each defendant
In addition, Thrasher agreed to pay $49,100 in disgorgement, representing the profits made by
Hirsh agreed to pay a total of $520,596 consisting of his illegal trading profits and
Finally, Rosenblatt agreed to pay $180,032 to the plaintiff class in a related class action
These settlements conclude ten years of litigation in which the Commission has obtained
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