U.S. SECURITIES AND EXCHANGE COMMISSION
LITIGATION RELEASE No. 18097 / April 22, 2003
NEW HAMPSHIRE MAN PLEADS GUILTY TO CRIMINAL INSIDER TRADING CHARGES
The Commission announced today that, on April 18, 2003, George R.
Potter of Bedford, New Hampshire, pleaded guilty to a criminal
information charging him with conspiracy to commit insider trading.
Potter acknowledged that in October 2000, his son, Timothy Potter,
disclosed to him confidential information about an agreement between
Eli Lilly & Co., Inc. and Sepracor, Inc. concerning their joint
development of a new drug. At the time of the trade, Potter's son was
employed as a manager in the accounting department of Sepracor, a
Marlborough, Massachusetts-based pharmaceutical company. Potter
admitted that he then used the information to trade in Sepracor
securities and later transferred the resulting profit to his son.
At the plea hearing, Potter admitted that, on October 18, 2000, his
son disclosed to him material, nonpublic information relating to
Sepracor's relationship and agreement with Lilly. Potter further
admitted that, later that day, on the basis of the information he
received from his son, he purchased Sepracor "put" options. When
Sepracor publicly announced the termination of the agreement with
Lilly the following morning, Sepracor's stock price plummeted while
the value of Sepracor put options soared. Shortly after the
announcement, Potter sold the Sepracor put options, generating an
overnight profit of more than $55,000. He admitted that he later
transferred that profit to his son. Potter also admitted that he made
false and misleading statements to the Commission staff during its
investigation into his trading.
Potter will be sentenced on July 22, 2003. His son, Timothy Potter,
also of Bedford, New Hampshire, was charged in an indictment handed
down on January 30, 2003, and his case is pending.
Earlier on January 30, 2003, the Commission filed a civil fraud case
charging George Potter and Timothy Potter with insider trading based
on George Potter's October 18, 2000 purchase of Sepracor options.
According to the Commission's complaint, by their conduct, the
defendants violated Section 10(b) of the Securities Exchange Act of
1934 and Rule 10b-5 thereunder. The Commission's complaint seeks
injunctive relief, disgorgement of the profits from their insider
trading, plus prejudgment interest, and civil monetary penalties
against each of the defendants of up to three times the amount of
their profits from their insider trading. For further information, see
Litigation Releases No. (January 30, 2003) and No. (February 5, 2003).
SNIPPETS:
U.S. SECURITIES AND EXCHANGE COMMISSION
NEW HAMPSHIRE MAN PLEADS GUILTY TO CRIMINAL INSIDER TRADING CHARGES
Potter acknowledged that in October 2000, his son, Timothy Potter, disclosed to him
At the time of the trade, Potter's son was employed as a manager in the accounting department
Potter admitted that he then used the information to trade in Sepracor securities and later
At the plea hearing, Potter admitted that, on October 18, 2000, his son disclosed to him
His son, Timothy Potter, also of Bedford, New Hampshire, was charged in an indictment handed
Earlier on January 30, 2003, the Commission filed a civil fraud case charging George Potter
According to the Commission's complaint, by their conduct, the defendants violated Section
The Commission's complaint seeks injunctive relief, disgorgement of the profits from their
For further information, see Litigation Releases No. and No..
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