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Securities
Breach of Fiduciary Duty
Misappropriation

Securities and Exchange Commission v. Dean A. Goetz

Published: Jul. 30, 2011 | Result Date: Jun. 8, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 3:11-cv-01220-IEG-NLS Settlement –  $23,761

Court

USDC Southern District of California


Attorneys

Plaintiff

Daniel M. Hawke

Michael J. Rinaldi

David W. Snyder

Elaine C. Greenberg

Colleen K. Lynch


Defendant

John D. Kirby


Facts

The Securities and Exchaneg Commission filed a complaint alleging unlawful insider trading against Dean Goetz, an attorney. Goetz's daughter was home for the holidays. At that time, she was employed in a large international law firm who was working on an impending merger and acquisition involving Abbott Laboratories and Advanced Medical Optics, Inc. It was alleged that Goetz misappropriated material and nonpublic information regarding the impending transaction while her daughter worked in the family home. On the day the deal was scheduled to be announced, defendant bought shares of Advanced Medical Optics on an account he had not accessed in almost a year. Days later the merger was publicly announced and Goetz sold all the shares he previously bought, making a $11,418 profit.

Injuries

Violations of the Securities Exchange Act of 1934 Sections 10(b) and 14(e) and Rules 10b-5 and 14e-3.

Result

Goetz will repay $23,761 to the SEC.


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