Broker/Dealer and Investment Advisor Fraud and Misrepresentation Litigation and FINRA Arbitration Attorney, Russell L. Forkey, Esq.
March 12, 2012
JURY FINDS DEFENDANT ALBERTO PEREZ LIABLE AND DEFENDANT SEBASTIAN DE LA MAZA NOT LIABLE FOR INSIDER TRADING IN VIOLATION OF THE SECURITIES AND EXCHANGE ACT OF 1934.
SEC v. Kevan D. Acord, et al.., Civil Action No. 09-21977-CIV-MCALILEY
The Securities and Exchange Commission (Commission) recently announced that on June 13, 2011 after a two week trial against Defendants Alberto Perez and Sebastian De La Maza, a jury found Alberto Perez liable for insider trading of Neff Corporation securities before an April 7, 2005 announcement of Neff’s acquisition by Odyssey Investment Partners in violation of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 (“Exchange Act”). The commission will file a motion with the court to determine the amount of disgorgement, pre-judgment interest and civil penalty to be levied upon Perez. The same jury found Defendant Sebastian De La Maza not liable of the same charge.
The Commission also announced that on December 22, 2010, and December 23, 2010, the United States District Court for the Southern District of Florida entered a Final Judgment of Permanent Injunction by consent, against Defendants Kevan D. Acord, Jose G. Perez and Philip C. Growney enjoining the Defendants from violations of Section 10(b) and Rule 10b-5 of the Exchange Act. United States District Judge Adalberto Jordan ordered the Defendants to pay disgorgement, prejudgment interest and a civil penalty. The Court ordered Defendant Acord to pay a total of $176,533.95 which includes disgorgement of $154,292.48, pre-judgment interest of $6,801.85 and a civil penalty of $15,439.62 pursuant to Section 21A of the Exchange Act. The Court ordered Defendant Growney to pay a total of $26,479.98 which includes disgorgement of $12,954.45, pre-judgment interest of $571.08 and a civil penalty of $12,954.45 pursuant to Section 21A of the Exchange Act. The Court ordered Defendant Perez to pay disgorgement, pre-judgment interest and a civil penalty pursuant to Section 21 A of the Exchange Act, the amount to be determined upon motion of the Commission.
The Commission commenced this action by filing its Complaint on July 15, 2009, against six individuals for insider trading in the securities of Neff Corporation before an April 7, 2005, announcement of its acquisition.