Its moving in the wrong dirrection.
SEC Files Suit Vs 7 In Cephalon Insider Trading Case
Dow Jones Newswires
WASHINGTON -- The Securities and Exchange Commission filed suit against seven individuals, including an associate professor of neurology at Columbia University's College of Physicians and Surgeons, alleging insider trading in the stock of Cephalon Inc. (CEPH), a pharmaceutical development company.
In a complaint filed in U.S. District Court in Phildelphia, the SEC alleged the trading occurred before a June 10, 1995, Cephalon public announcement about favorable test results involving Myotrophin, a drug the company developed to treat people with Lou Gehrig's disease. Cephalon is based in West Chester, Penn.
The complaint alleged Dale Lange, a clinical investigator for the company and Columbia University associate professor, made an illegal profit of $26,496. His attorney said Lange "believes the complaint is unfounded as a matter of fact and law and intends to contest it."
The SEC also accused Philip Portoghese, a member of the company's scientific advisory board, and his sons Stuart and Stephen; Frank and Mark Lepore, officers of a graphic arts company retained to prepare materials on the test results; and Timothy Garner, a former Cephalon employee.
Without admitting or denying the SEC's allegations, Frank and Mark Lepore and Garner agreed to refrain from future violations of the securities laws. Frank Lepore also agreed to disgorge $25,737 in profits and to pay a civil penalty of the same amount. Mark Lepore agreed to disgorge $15,084 and pay a civil penalty of the same amount. Garner agreed to disgorge profits of $4,656. The SEC didn't seek a civil penalty based on his inability to pay.
An attorney for Garner declined comment. Attorneys representing the other five defendants couldn't be reached.
In a statement, Cephalon noted it was not a party to the SEC's complaint and has cooperated fully with the SEC's investigation. Frank Baldino, Cephalon president and chief executive officer, said: "We maintain a strong policy against unlawful insider trading and expect our employees, consultants, and others associated with the company to adhere to that policy. We support the SEC in its enforcement of insider trading rules." |