U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20479 / March 5, 2008
SEC v. Douglas M. Beahm and James P. Crilly, 08 CV 02209 (HB) (S.D.N.Y.)
SEC Files Settled Insider Trading Charges Against Consultant and Tippee Who Traded Prior to an Acquisition Announcement
The Securities and Exchange Commission today announced that it filed a settled civil action in federal district court against Douglas M. Beahm (Beahm) and James P. Crilly (Crilly), alleging insider trading in the common stock of Del Laboratories, Inc. (Del), a manufacturer of cosmetics and over-the-counter pharmaceuticals. The settlements are subject to Court approval.
The Commission's complaint, filed in the U.S. District Court for the Southern District of New York, charges Beahm and Crilly each with violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint alleges that Beahm unlawfully traded in the securities of Del, while in possession of material non-public information, one week prior to the announcement on July 2, 2004, that Church & Dwight (C&D) and a second company had reached a definitive agreement to acquire Del. According to the complaint, at the time, Beahm had been retained as a consultant by C&D, his former employer, to assist it in its acquisition of Del and had participated directly in C&D's efforts to acquire Del. After trading Beahm tipped his friend and former C&D supervisor Crilly, and based on that tip Crilly traded in Del securities. By trading in advance of the public announcement of the acquisition agreement, Beahm profited by $2,046.58 and Crilly profited by $11,388.
Without admitting or denying the allegations in the complaint, Beahm and Crilly each consented to the entry of final judgments, permanently enjoining each from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The final judgment against Beahm also requires Beahm to pay disgorgement of $2,046.58, representing his illicit profits, plus prejudgment interest of $526.34; disgorgement of $11,338, representing Crilly's illicit profits, plus prejudgment interest of $2,928.84 on a joint and several basis with Crilly; and a civil penalty of $13,434.58. The final judgment against Crilly also requires Crilly to pay disgorgement of $11,388, representing his illicit profits, plus prejudgment interest of $2,928.84 on a joint and several basis with Beahm, and a civil penalty of $11,388.