SEC Obtains Final Judgments Against Nfl Player and Second Tippee Charged with Insider Trading
Litigation Release No. 24776 / March 23, 2020
Securities and Exchange Commission v. Kendricks, et al., Civil Action No. 2:18-cv-03695 (E.D. Pa., filed August 29, 2018)
Securities and Exchange Commission v. Hamed A. Ettu, Civil Action No. 2:18-cv-04739 (E.D. Pa., filed November 2, 2018)
On March 18, 2020, the United States District Court for the Eastern District of Pennsylvania entered final judgments on consent against professional football player Mychal Kendricks and the tipper's family friend Hamed A. Ettu for insider trading.
The SEC's complaint, filed on August 29, 2018, alleged that Kendricks received illegal tips from co-defendant Damilare Sonoiki, an analyst at an investment bank, about several upcoming corporate mergers. Kendricks traded on this information for a profit of approximately $1.2 million. On November 2, 2018, the SEC filed a related complaint against Ettu, a family friend of Sonoiki, alleging that he also traded based on information that he received from Sonoiki concerning two upcoming corporate acquisitions for a profit of approximately $93,000.
The final judgments against Kendricks and Ettu permanently enjoin them from violating Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder, and order Kendricks to pay disgorgement of $1,188,075 and order Ettu to pay disgorgement of $73,244, which accounts for a $20,000 debt Sonoiki owed to Ettu. The monetary relief was deemed satisfied by forfeiture orders entered against Kendricks and Ettu in a parallel criminal action brought by the U.S. Attorney's Office for the Eastern District of Pennsylvania. Kendricks previously pleaded guilty to securities fraud and conspiracy to commit securities fraud, and has not yet been sentenced. Ettu pleaded guilty to conspiracy to commit securities fraud, was sentenced to probation for a term of 3 years, including 9 months of home detention.
The litigation was led by Christopher R. Kelly and supervised by Jennifer Chun Barry in the SEC's Philadelphia Regional Office. The SEC's investigation which led to these actions was conducted by Rachael Clarke and Patrick McCluskey of the Market Abuse Unit in the Philadelphia Regional Office, with the assistance of John Rymas of the Unit's Analysis and Detection Center. The case has been supervised by Joseph G. Sansone, Chief of the Market Abuse Unit, and Kelly L. Gibson, Regional Director of the Philadelphia Regional Office.