U. S. Securities and Exchange Commission
Litigation Release No. 18333 / September 9, 2003
, Civil Action No. 03 CV 1785J(JMA))
Former Bank Loan Officer Charged With Fraud In Insider Trading Scheme
The Securities and Exchange Commission today charged a former bank
loan officer, Kris Klinger, of Oceanside, California, with using
inside information to purchase securities in Crossman Communities,
Inc. shortly before the public announcement that Crossman would be
acquired by Beazer Homes USA Inc. Simultaneously with the filing of
its action, the Commission accepted Klinger's offer of settlement, in
which he agreed, without admitting or denying the allegations, to a
court order enjoining him from future violations of the securities
laws and requiring him to pay approximately $18,000 in wrongful
trading profits and penalties.
According to the complaint filed in the United States District Court
for the Southern District of California, Klinger, in the course of his
employment as a vice-president and senior loan officer at Washington
Mutual, Inc., obtained material non-public information that Beazer, a
Washington Mutual customer, was planning to acquire Crossman. Based on
that information, Klinger purchased 700 shares of Crossman common
stock on January 28, 2002. On January 30, 2002, Crossman and Beazer
issued a joint public announcement about the acquisition, and
Crossman's stock price increased approximately 47 percent from the
previous day's closing price. On January 31, 2002, the day after the
acquisition was publicly announced, Klinger sold his entire holdings
of Crossman shares, generating trading profits of $9,135.
Until its acquisition, Crossman was a home building company based in
Indianapolis, Indiana, whose securities were registered with the
Commission and traded on the Nasdaq National Market System. Beazer is
a home building company headquartered in Atlanta, Georgia, whose
securities are registered with the Commission and traded on the New
York Stock Exchange.
In order to settle the charges, Klinger agreed to the entry of an
order permanently enjoining him from future violations of Section
10(b) of the Securities Exchange Act of 1934 and Rule 10(b)-5
thereunder. Additionally, Klinger agreed to pay disgorgement of $9,135
in illegal trading profits, plus $297.13 in prejudgment interest; and
to pay a civil money penalty equal to his trading profits in the
amount of $9,135.
In accepting Klinger's settlement, the Commission took into account
SNIPPETS:
U. S. Securities and Exchange Commission
Former Bank Loan Officer Charged With Fraud In Insider Trading Scheme
The Securities and Exchange Commission today charged a former bank loan officer, Kris
him from future violations of the securities laws and requiring him to pay approximately $18,000
According to the complaint filed in the United States District Court for the Southern
On January 30, 2002, Crossman and Beazer issued a joint public announcement about the
On January 31, 2002, the day after the acquisition was publicly announced, Klinger sold his
Until its acquisition, Crossman was a home building company based in Indianapolis, Indiana,
In order to settle the charges, Klinger agreed to the entry of an order permanently enjoining
Additionally, Klinger agreed to pay disgorgement of $9,135 in illegal trading profits, plus
In accepting Klinger's settlement, the Commission took into account Klinger's significant
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