U.S. Securities and Exchange Commission
Litigation Release No. 18379 / September 30, 2003
(United States District Court, D. Md., Civil Action No. MJG 03-CV-2769)
Former Ag-Chem Equipment Company Director, Two Others, Charged With Insider
Trading
The Securities and Exchange Commission announced that on September 30,
2003, it filed a civil injunctive action in the United States District
Court for the District of Maryland against DeWalt J. Willard, Jr.,
William F. Willard, Sr. and Larry L. Martin, for insider trading. The
complaint alleges that the three defendants traded while in possession
of material non-public information in advance of a November 20, 2000
announcement that Ag-Chem Equipment Company, Inc. ("Ag-Chem") had been
acquired by AGCO Corporation. As described below, the defendants have
agreed to settle this matter.
The complaint alleges that DeWalt Willard, a member of Ag-Chem's board
of directors, after learning of Ag-Chem's merger negotiations,
purchased Ag-Chem stock in his own account and through the securities
account of a friend, thereby earning illegal profits of $73,287. The
complaint alleges that DeWalt Willard also failed to file the required
Form 4 with the Commission disclosing any of the purchases made
through his friend's account.
The complaint alleges that DeWalt Willard also tipped his son, William
Willard, about the merger negotiations. William Willard then tipped
Martin, his friend and business associate, and asked Martin to
purchase Ag-Chem stock on his behalf. The complaint alleges that
Martin purchased Ag-Chem stock for William Willard's benefit,
resulting in illegal profits of $33,462 for William Willard. Finally,
the complaint alleges that, following receipt of the tip, Martin
purchased Ag-Chem stock in his personal brokerage account and for his
two sons, earning illegal profits of $109,387.
Without admitting or denying the allegations in the Commission's
complaint, all three defendants have consented to permanent
injunctions from violations of Section 10(b) of the Securities
Exchange Act of 1940 ("Exchange Act") and Rule 10b-5 thereunder. In
addition, DeWalt Willard has consented to the entry of a permanent
injunction from violations of Section 16(a) of the Exchange Act and
Rule 16a-3 thereunder, and to the entry of an order barring him from
serving as an officer or director of a public company. DeWalt Willard
has also agreed to pay disgorgement of $73,287, together with
prejudgment interest of $12,037, and to pay a civil penalty of
$107,478. William Willard and Larry Martin have consented to pay
SNIPPETS:
U.S. Securities and Exchange Commission
Former Ag-Chem Equipment Company Director, Two Others, Charged With Insider Trading
The Securities and Exchange Commission announced that on September 30, 2003, it filed a civil
The complaint alleges that the three defendants traded while in possession of material
The complaint alleges that DeWalt Willard, a member of Ag-Chem's board of directors, after
William Willard then tipped Martin, his friend and business associate, and asked Martin to
Without admitting or denying the allegations in the Commission's complaint, all three
In addition, DeWalt Willard has consented to the entry of a permanent injunction from
DeWalt Willard has also agreed to pay disgorgement of $73,287, together with prejudgment
William Willard and Larry Martin have consented to pay disgorgement, jointly and severally,
The Commission acknowledges the assistance of NASD Regulation, Inc. in this matter.
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