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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
COMMISSION GIANAMORE SECURITIES EXCHANGE INSIDER TRADING MERGER ACQUISITION DISGORGEMENT AMOUNT PREJUDGMENT CREDIT SUISSE FIRST INDICTMENT CONSPIRING CSFB CHICAGO COMPLAINT NONPUBLIC INFORMATION POSSESSION SHARES PAY DISGORGEMENT PLUS PREJUDGMENT TOTAL PAYMENT SWORN REPRESENTATIONS FINANCIAL CONDITION ENTRY PERMANENT INJUNCTION ENJOINING VIOLATING SECURITIES EXCHANGE ACT THEREUNDER |
U.S. Securities and Exchange Commission
Litigation Release No. 18378 / September 30, 2003
, Case No. 03 CR928 (N.D. IL)
, Case No. 02-C-0582 (N.D. IL).
Former Credit Suisse First Boston Employee Ad Friend Previously Sued By SEC
For Insider Trading Indicted For Conspiring To Engage In Securities Fraud
And For Insider Trading
The Securities and Exchange Commission (Commission) announced that on
September 25, 2003, a federal grand jury charged Paul A. Gianamore and
Ryan D. Evans in an eight-count indictment with conspiring to engage
in securities fraud and with engaging in insider trading. The
indictment also charges that Gianamore and Evans engaged in efforts to
conceal their conspiracy.
The Commission previously brought a civil action against Gianamore and
Evans for insider trading. The Commission's complaint alleged from in
or about December 1999 to in or about August 2000, Paul Gianamore then
a Credit Suisse First Boston Financial Analyst, tipped his friend Ryan
Evans with material, nonpublic information regarding publicly traded
companies on at least four occasions. Evans then traded in the
securities of these companies while in possession of this information.
Specifically, the Commission alleged that during the relevant time
period, Credit Suisse First Boston's Chicago office ("CSFB Chicago")
acted as a financial adviser to one of the parties of at least four
merger or acquisition transactions. The Commission further alleged
that through his employment at CSFB Chicago, Gianamore obtained
nonpublic information about the mergers and acquisitions in issue
before they were publicly announced and then tipped Evans with the
inside information. The Commission alleged that while in possession of
this information, Evans purchased shares in companies shortly before
an announcement of the merger or acquisition. In each case, Evans sold
his shares shortly after the public announcement of the merger or
acquisition.
Gianamore and Evans previously settled the Commission's action without
admitting or denying the allegations of the Commission's Complaint.
Gianamore agreed to pay disgorgement in the amount of $243,667.17,
plus prejudgment interest in the amount of $52,717.26 for a total
payment of $296,384.43. The Commission agreed to waive all but
$17,046.98 of the disgorgement and prejudgment interest based on
Gianamore's sworn representations to the Commission regarding his
financial condition. Gianamore also agreed to entry of an order of
permanent injunction, enjoining him from violating Sections 10(b) and
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