U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20851 / January 13, 2009
SEC v. Kevin J. Heron, United States District Court for the Eastern District of Pennsylvania, Civil Action No. 07-cv-01542-SD
Former Amkor Technology, Inc. General Counsel Kevin J. Heron Settles Insider Trading Charges; Relief Includes Permanent Anti-Fraud Injunction and Officer and Director Bar
The Securities and Exchange Commission today announced that on January 9, 2009, the Honorable Stewart J. Dalzell of the United States District Court for the Eastern District of Pennsylvania entered a Final Judgment of permanent injunction and other relief, including a permanent officer and director bar against Kevin J. Heron ("Heron"), the former General Counsel of Amkor Technology, Inc. ("Amkor"). Without admitting or denying the Commission's allegations, Heron consented to the entry of the Final Judgment. The judgment settles the Commission's claims against Heron in a civil action filed on April 18, 2007.
The Commission's complaint alleged that from October 2003 through June 2004, Heron engaged in a pattern of insider trading by trading in Amkor securities prior to five Amkor public announcements relating to financial results and company business transactions. As alleged in the complaint, Heron executed more than fifty illegal trades in Amkor stock and options on the basis of material, nonpublic information that Heron had learned as a result of his position as general counsel.
In October 2007, in a parallel criminal proceeding, Heron was convicted of securities fraud. Heron was sentenced to, and is currently serving, fifteen months incarceration, and ordered to forfeit approximately $43,000 of illegal trading proceeds.
The Final Judgment (i) permanently enjoins Heron from future violations of the antifraud provisions of the federal securities laws, Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") and Exchange Act Rule 10b-5, (ii) imposes a permanent officer and director bar, and (iii) orders Heron to pay disgorgement of $75,000.
As part of the settlement, the Commission today issued an administrative order, pursuant to Rule 102(e)(3) of the Commission's Rules of Practice, suspending Heron from appearing or practicing before the Commission as an attorney. Heron consented to the issuance of the order, without admitting or denying the Commission's findings in the order, except as to the Commission's jurisdiction over him and the entry of the permanent injunction against him.
The Commission acknowledges the assistance of the United States Attorney's Office for the Eastern District of Pennsylvania and the Federal Bureau of Investigation.
For additional information, please see Litigation Release No. 20779 (October 14, 2008).