To: afrayem onigwecher who wrote (10633 ) 10/29/2002 3:27:08 PM From: StockDung Read Replies (1) | Respond to of 19428 Firm fined for 'creative' research on Neurocrine By Penni Crabtree UNION-TRIBUNE STAFF WRITER October 29, 2002 A securities research firm whose employee posed as a clinical trial patient in order to obtain confidential information about a San Diego biotechnology company has been fined and three of its analysts suspended. The punitive action taken yesterday by the National Association of Securities Dealers against Sterling Financial Investment Group closes a bizarre chapter for Neurocrine Biosciences, a local biotech that is testing a treatment for insomnia in late-stage clinical trials. The move also underscores a broader effort by regulators to crack down on analyst and insider trading abuses that have shaken investor confidence in Wall Street. "Ingenuity and creative research doesn't entitle analysts to misuse confidential information or to misrepresent who they are," said Nancy Condon, a spokeswoman for NASD. "It is essential that analysts behave scrupulously in all aspects of their work, including dealings they have with public companies." Neurocrine declined to comment. The case is believed to be the first involving analysts who used confidential information gathered during a drug trial, Condon said. The scheme involved two brothers, David and Doug Risk, who worked for Boca Raton, Fla.-based Sterling as research analysts, and their efforts to get inside information that would later be used in a negative research report on Neurocrine. Sterling has a following among short-sellers, investors who borrow stock and sell it, betting that the price will fall before they have to buy the stock back to replace it. During 2001, Sterling issued "sell" recommendations on 60 percent of the companies it covers. According to the NASD investigation, David Risk made an appointment on Feb. 15 at a Florida clinic that was performing late-stage clinical trials of a medication developed by Neurocrine, a company whose stock was trading at the time for about $37 a share. On the day of the appointment, David Risk sent his brother, who was then acting as his assistant, to the clinic with instructions to represent himself as David. Doug Risk signed the name of his brother on documents and completed a physical exam posing as David Risk. As part of the process, Doug Risk also signed a confidentiality agreement requiring him not to divulge treatment information concerning any patients. Though Risk never received treatment at the clinic, he obtained information "from a questionable source with no personal knowledge of the events" about a patient who allegedly could not be roused after taking the experimental drug, according to NASD. Despite the confidentiality agreement, Doug Risk passed the information on to his brother, who on Feb. 20 issued a negative report on Neurocrine based in part on what later proved to be erroneous information about the drug's alleged side effects. David Risk's research report on Neurocrine also contained other material that was "inaccurate or misleading," and Risk did not try to verify the accuracy of the information, according to NASD. Jeff Mustard, a spokesman for Sterling, said the Risk brothers were terminated two weeks ago, after the company had earlier suspended them. "The Risks exercised very bad judgment – two guys that just did their own thing – and as a result our firm was dragged into a problem," said Mustard. "The problem is now solved. The Risks have been terminated." It's uncertain whether the Risks' report on Neurocrine, which recommended on Feb. 20 that investors sell the stock, ultimately had much impact. The stock rose more or less steadily for two months after the report's release, reaching $43 a share by mid-April. The stock later declined to a low of $24 in July, falling with the rest of the market, but has since recovered. Shares of Neurocrine closed yesterday at $42.56, up 84 cents. As part of the NASD action, Sterling has been fined $40,000 and ordered to hire a consultant to review the firm's policies concerning its research department. The head of the firm's research department, Steven Kirsch, was suspended by the NASD from the securities industry for a month and fined $10,000. David Risk was suspended by NASD for eight months and fined $35,000, while Doug Risk was suspended for five months and fined $5,000.