U.S. SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.
LITIGATION RELEASE NO. 17518 / May 14, 2002
United States v. Keith Joon Kim, CR-01-0193 CRB (N.D. Cal.)
KEITH JOON KIM, VENTURE CAPITALIST, CONVICTED OF MAKING FALSE
STATEMENT TO THE SECURITIES AND EXCHANGE COMMISSION
On May 7, 2002, following a jury trial before the U.S. District Court
for the Northern District of California, a verdict was returned
finding Keith Joon Kim guilty of one count of making a false statement
to a federal government agency, in violation of 18 U.S.C. § 1001. The
false statement was made to the staff of the Securities and Exchange
Commission in response to the staff's questions regarding Kim's
trading in the securities of Meridian Data, Inc. ("Meridian"). Kim's
trading took place in the context of a March 1999 Snowmass, Colorado
retreat of the Young Presidents' Organization ("YPO"), an
international organization comprised of company presidents under the
age of fifty whose members meet in small groups, or "forums," to
discuss confidential personal and business matters with their peers.
Meridian's CEO at the time and Kim were both YPO members who belonged
to the "1917 Forum" and were both scheduled to attend the Snowmass
retreat. YPO members are expected to be present at all forum meetings.
While on board a private plane en route to the retreat, the YPO
forum's moderator announced that Meridian's CEO could not attend the
retreat because he was in merger negotiations with Quantum Corporation
("Quantum"). Immediately upon his arrival in Snowmass, Kim began a
series of purchases of Meridian common stock -- ultimately purchasing
187,300 shares between March 1 and March 4. Kim made his purchases
ahead of the May 11, 1999, public announcement that Quantum would
acquire Meridian, and thereby made a profit of $832,877 on his March
Meridian trades.
The indictment charging Kim with making false statements to the SEC
alleged that Kim "falsely told the SEC that he did not know the reason
why the CEO of Meridian failed to attend the 1917 Forum retreat to
Snowmass, Colorado, on March 1, 1999." The jury found Kim guilty with
regard to that allegation. The indictment also alleged that Kim
"falsely told the SEC that he purchased Meridian shares in March 1999
on the basis of a March 1, 1999, Wall Street Journal article regarding
Quantum." The jury found Kim not guilty with regard to that
allegation. The District Court set a sentencing hearing date of
September 11, 2002, for Kim.
(Jan. 29, 2001).
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SNIPPETS:
KEITH JOON KIM, VENTURE CAPITALIST, CONVICTED OF MAKING FALSE STATEMENT TO THE SECURITIES AND
The false statement was made to the staff of the Securities and Exchange Commission in
Kim's trading took place in the context of a March 1999 Snowmass, Colorado retreat of the
Meridian's CEO at the time and Kim were both YPO members who belonged to the "1917 Forum" and
While on board a private plane en route to the retreat, the YPO forum's moderator announced
Immediately upon his arrival in Snowmass, Kim began a series of purchases of Meridian common
Kim made his purchases ahead of the May 11, 1999, public announcement that Quantum would
The indictment charging Kim with making false statements to the SEC alleged that Kim "falsely
The jury found Kim guilty with regard to that allegation.
The indictment also alleged that Kim "falsely told the SEC that he purchased Meridian shares
The jury found Kim not guilty with regard to that allegation.
The District Court set a sentencing hearing date of September 11, 2002, for Kim.
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