Risk & Compliance

SEC Charges Ex-CFO with Insider Trading

The ex-finance chief of the auto financing-unit of Golden State Bancorp allegedly tipped off three associates about the bank's impending acquisitio...
Stephen TaubSeptember 30, 2004

The Securities and Exchange Commission has filed insider-trading charges against Mark Kelly, the former finance chief of Auto One Finance, a subsidiary of Golden State Bancorp. The SEC also leveled the same charge at three other individuals.

The commission asserted that Kelly was asked to help with due- diligence efforts preceding Citigroup’s 2002 acquisition of GSB. Kelly then allegedly tipped off two friends, Martin Angel and Chad Latvaaho, and a colleague, John Buck about the impending acquisition, according to the SEC.

After Kelly’s three associates bought GSB common stock and call option contracts, the company’s stock rose nearly 9 percent, according to the complaint. Angel, Buck, and Latvaaho immediately sold their investments, netting a total of about $250,000, the commission asserted.

The commission’s lawsuit charges Kelly with tipping, and Angel, Buck, and Latvaaho with trading, on the basis of material, nonpublic information.

Only Latvaaho, without admitting or denying the allegations, has agreed to settle the action, He will relinquish profits of $30,857 and pay a civil penalty of $30,857, the commission said.

Lawyers for Kelly, Buck, and Latvaaho didn’t immediately return phone call, according to a report on Tuesday by Dow Jones newswires, and Angel’s said he hadn’t yet seen the SEC complaint.