SEC Files Settled Insider Trading Action Against Former CEO of Netoptix
Corp. and Four Tippees
Defendants Agree to Pay Over $3.4 Million in Disgorgement and Civil
Penalties
U.S. Securities and Exchange Commission
Litigation Release No. 18383 / October 1, 2003
, Case No. 03-14288-CIV-Middlebrooks (S.D. Fla., filed October 1, 2003).
The Securities and Exchange Commission (Commission) announced that on
October 1, 2003, it filed a settled insider trading action involving
trading in the common stock of Massachusetts-based NetOptix Corp., now
known as Corning NetOptix, Inc. (hereinafter, NetOptix). The
Commission's complaint alleges that in January 2000, NetOptix's former
CEO, Gerhard Andlinger, learned that Corning Inc. was interested in
acquiring NetOptix, and that certain of his relatives (including his
wife and two sisters-in-law) and the owner of a registered
broker-dealer illegally obtained that information from him. The
complaint alleges that after receiving that information, those
individuals illegally purchased NetOptix stock. In settling the
Commission's action, the defendants, without admitting or denying the
allegations in the complaint, have agreed to injunctive relief, to pay
disgorgement and civil penalties totaling over $3.4 million, and to
the entry of an order barring Andlinger from serving as an officer or
director of a public company for five years.
The Commission's complaint alleges that during the week of January 17,
2000, Andlinger learned that Corning was interested in acquiring
NetOptix. According to the complaint, after learning of this
information, Andlinger's wife Jeanne Andlinger, his sisters-in-law
Sallie Donner and Suzanna Dailey, Louis B. Lloyd (the owner of a
registered broker-dealer), and four other relatives or employees of
the Andlingers, bought more than $2.8 million in NetOptix stock
between January 21 and January 24, 2000.
According to the complaint, the purchase of these NetOptix shares came
just one week after some of the defendants sold most or all of their
NetOptix holdings (which they had purchased in 1998, 1999 or early
2000). The Commission's complaint alleges that Donner, Dailey and
Lloyd sold their NetOptix stock after Andlinger expressed the opinion
that NetOptix's stock was over-valued.
Corning publicly announced on February 14, 2000 that it would acquire
NetOptix. Although only one of the traders sold their stock at that
time, and most have continued to hold their stock (which is now
SNIPPETS:
SEC Files Settled Insider Trading Action Against Former CEO of Netoptix Corp. and Four Tippees
Defendants Agree to Pay Over $3.4 Million in Disgorgement and Civil Penalties
U.S. Securities and Exchange Commission
The Commission's complaint alleges that in January 2000, NetOptix's former CEO, Gerhard
The complaint alleges that after receiving that information, those individuals illegally
In settling the Commission's action, the defendants, without admitting or denying the
According to the complaint, the purchase of these NetOptix shares came just one week after
The Commission's complaint alleges that Donner, Dailey and Lloyd sold their NetOptix stock
Although only one of the traders sold their stock at that time, and most have continued to
Andlinger, Jeanne Andlinger, Donner and Dailey, all of Vero Beach, Florida, and Lloyd, of New
Under the terms of the settlement, the defendants consented to the entry of a final judgment
The judgment also orders Jeanne Andlinger, Donner, Dailey and Lloyd to disgorge approximately
the judgment bars Andlinger from serving as an officer or director of a public company for a
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