NEW YORK, June 27 (Reuters) -- U.S. regulators are on pace
this year to settle the fewest insider trading cases in at
least a decade, a new study shows, as they choose to battle
high-profile defendants.
The U.S. Securities and Exchange Commission reached just 25
insider-trading settlements from October 2010 to March 2011,
the first half of its fiscal year, the NERA Economic Consulting
study released on Monday shows.
That puts the SEC on pace for a full-year total of 50
insider-trading settlements. That would be down from 74 a year
earlier, and the fewest since the Sarbanes-Oxley law
strengthening corporate governance took effect in 2002.
"It is consistent with the idea that the SEC is directing
its enforcement resources toward higher-profile cases," said
James Overdahl, a NERA vice president and former SEC chief
economist who co-wrote the study.
"That would be consistent with a strategy of focusing on
deterrence by bringing cases that would send a message," he
said. "There may be an issue of trying to deter others from
wrongdoing by litigating rather than settling, but it is a
risky strategy because the SEC has to be sure it prevails."
An SEC spokesman was not immediately available to comment.
The SEC can bring civil, not criminal cases. It typically
seeks to have insider trading defendants pay fines, give up
illegal profits and agree not to commit further wrongdoing.
Among the insider trading cases it has yet to resolve is a
lawsuit against Galleon Group hedge fund founder Raj
Rajaratnam, who was convicted by a federal jury on May 11 of
criminal insider trading charges.
The SEC also charged former Goldman Sachs Group Inc
director Rajat Gupta with tipping Rajaratnam about the bank's
earnings and a pending $5 billion investment from Warren
Buffett's Berkshire Hathaway Inc. Gupta's lawyer has called
those charges totally baseless.
The SEC also is investigating David Sokol, a former top
Berkshire executive, once widely seen as Buffett's heir
apparent, a person familiar with the matter has said.
He made a $3 million profit on Lubrizol Corp while having
talks with bankers about the chemicals company, which Berkshire
later decided to buy.
Sokol's lawyer has said his client honored his fiduciary
duties, and never broke the law or any Berkshire policy.
Among those to settle in the six months covered by the
study were Joseph Nacchio, the now imprisoned former chief
executive of Qwest Communications International Inc.
Overall, the SEC is on pace to settle 688 cases with
companies and individuals in its current year, up from 681 a
year earlier. These include charges such as misrepresenting
financial statements, bribery and insider trading.
The pace of company settlements rose 43 percent over the
half-year period, NERA said. There have been 114 such
settlements, compared with 160 in all of the prior year.
"The SEC has to be careful about penalizing companies,"
Overdahl said. "Shareholders are often the victims of a fraud,
and allowing companies to use shareholder money to make those
cases go away can be seen as penalizing shareholders twice."
Last week, the SEC reached a $153.6 million settlement with
JPMorgan Chase & Co to resolve charges that the bank
fraudulently hid from investors that a hedge fund helped shape,
and then bet against, complex mortgage securities they bought.
(Reporting by Jonathan Stempel)