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Inside Trader Made $9,700, but Lost a Professional Career

November 21, 2011
The SEC nabbed an ex-Ernst & Young Manager who tried to sneak a small options trade based on inside information - he purchased 26 out-of-the-money options contracts through TD Ameritrade - without the intervention of a broker representative. Alleged Perpetrator in the Case. Mark Konyndyk, 33, a CPA, worked at E&Y as a manager in the Transaction Advisory Services Group.  After working for E&Y for some 4-1/2 years, he left E&Y's employ on 11/2/07.  Shortly before that, however, he worked on a prospective M&A Deal involving Activision and Vivendi S.A. On 9/11/02, using his own account at TD Ameritrade, Konyndyk bought, and then sold at a slight loss later that same day, seven call options in Activision.  These trades occurred approximately one month after Konyndyk had last billed time to Project Sego, and while the Vivendi-Activision talks were still ongoing. On 11/26, 27 and 30/2007, 3 weeks after resigning from E&Y and before any public announcement of the business combination between Vivendi and Activision, Konyndyk purchased 26 out-of-the-money call options in Activision.  Konyndyk made these purchases on three ofthe fmal five trading days before the public announcement ofthe acquisition, buying options that were set to expire less than one month later. The acquisition of Activision by Vivendi was announced on Sunday, 12/02/07.  Konyndyk sold the options shortly after the announcement, earning gross profits of $9,725. SEC Sanctions. Konyndyk agreed to settle the SEC charges, accepting an obligation to pay over $21K in disgorgement, prejudgment interest, and civil fines, and a 2-year suspension from practicing before the Commission.  He was permitted to make the payments over a one-year period.   [SEC Litigation Release 22161, 11/18/11] For further details, go to:   [SEC Complaint, 11/18/11]