Judgment Entered in SEC Insider Trading Case Involving Clinical Trial
Litigation Release No. 25077 / April 21, 2021
Securities and Exchange Commission v. Edward J. Kosinski, No. 16-cv-01322 (D. Conn. filed Aug. 4, 2016)
On April 20, 2021, the U.S. District Court for the District of Connecticut entered a final consent judgment against a cardiologist charged by the Securities and Exchange Commission with insider trading on confidential developments that he learned about through his work on a clinical drug trial.
According to the SEC's complaint, Dr. Edward J. Kosinski, of Weston, Connecticut, traded in advance of two negative announcements by Regado Biosciences, Inc. in the summer of 2014. In June 2014, Kosinski, who served as principal investigator of a drug trial sponsored by Regado, learned that patient enrollment in the trial was being suspended because patients had experienced severe allergic reactions. He sold all 40,000 shares of his Regado stock the following day to avoid approximately $160,000 in losses when the news became public and the stock price dropped. A month later, Kosinski learned that enrollment in the trial was going to be halted because a patient had died, and used this information to make approximately $3,000 by trading options, betting that Regado's stock price would drop when the news was made public.
The court's judgment enjoins Kosinski from future violations of the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. In a parallel criminal action, Kosinski was sentenced to 6 months imprisonment and ordered to pay a $500,000 fine after his conviction on two counts of securities fraud.