UNITED STATES OF AMERICA
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 47989 / June 5, 2003
File No. 3-11153
In the Matter of
ADMINISTRATIVE PROCEEDINGS PURSUANT TO SECTION 15(b)(6) OF THE SECURITIES EXCHANGE ACT OF 1934, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS
The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public administrative proceedings be, and hereby are, instituted pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934 ("Exchange Act") against Jon Geibel ("Geibel" or "Respondent").
In anticipation of the institution of these proceedings, Respondent has submitted an Offer of Settlement (the "Offer") which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the findings herein, except as to the Commission's jurisdiction over him and the subject matter of these proceedings, and the findings contained in Section III.2 and III.4 below, which are admitted, Respondent consents to the entry of this Order Instituting Administrative Proceedings Pursuant to Section 15(b)(6) of the Securities Exchange Act of 1934, Making Findings, and Imposing Remedial Sanctions ("Order"), as set forth below.
On the basis of this Order and Respondent's Offer, the Commission finds that:
- At all relevant times, Geibel was a registered representative with Conquest Capital, LLC, a broker-dealer registered with the Commission pursuant to Section 15 of the Exchange Act. Geibel is a resident of Greenville, Kentucky.
- On May 19, 2003, a Final Judgment was entered by consent against Geibel in the United States District Court for the Southern District of New York in the action captioned Securities and Exchange Commission v. John Freeman, et al., 00 Civ. 1963 (VM) (S.D.N.Y.), permanently enjoining Geibel from violating Sections 10(b) and 14(e) of the Exchange Act and Rules 10b-5 and 14e-3 thereunder. Geibel was also ordered to pay disgorgement in the amount of $773,320 with prejudgment interest in the amount of $197,082, but payment of disgorgement and prejudgment interest was waived based upon his sworn Statement of Financial Condition, and a civil penalty was not imposed.
- The Commission's Complaint alleges that John Freeman, a temporary word-processing employee at Goldman Sachs & Co., Inc. and later Credit Suisse First Boston, tipped James Cooper ("Cooper") and other defendants about merger and acquisition transactions involving clients of those investment banking firms. Cooper tipped his broker, Chad Conner, who in turn, tipped Gordon Allen ("Allen"). Allen tipped his business partner, Geibel, who purchased securities in advance of fourteen transactions and realized profits of $632,422. Geibel provided tips to a friend who traded and realized profits of $140,898.
- On March 20, 2002, in United States v. Conner, et al., 00 Crim. 731 (GBD) (S.D.N.Y.), based on the conduct at issue in the Commission's civil injunctive action, Geibel was convicted in the United States District Court for the Southern District of New York of insider trading and conspiracy to commit insider trading. Geibel was sentenced on October 18, 2002 to thirty-six months incarceration, three years supervised probation, and a $2400 special assessment.
In view of the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions specified in Respondent Geibel's Offer.
ACCORDINGLY, IT IS HEREBY ORDERED:
Pursuant to Section 15(b)(6) of the Exchange Act, that Respondent Geibel be, and hereby is, barred from association with any broker or dealer.
By the Commission.
Jonathan G. Katz