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Alternative Market Briefing

Attorney, wall street trader, and middleman settle SEC charges in $32m insider trading case

Thursday, April 26, 2012

Bailey McCann, Opalesque New York: Matthew H. Kluger, Garrett D. Bauer, and Kenneth T. Robinson have settled insider trading charges with the Securities and Exchange Commission (SEC) by agreeing to give up their ill-gotten gains plus interest. The amounts to be paid are approximately $31.6m for Bauer, $516,000 for Kluger, and $845,000 for Robinson.

The men were charged in parallel civil and criminal actions by the SEC and the Department of Justice (DoJ) for insider trading. All three men have plead guilty to the charges and are to be sentenced on June 4, 2012. Bauer has also agreed to be barred from any securities related activities in a separate administrative action brought by the SEC.

The SEC alleged that the insider trading occurred in advance of at least 11 merger and acquisition announcements involving clients of the law firm where the attorney — Matthew H. Kluger — worked. He and the trader — Garrett D. Bauer — were linked through a mutual friend now identified as Kenneth T. Robinson, who acted as a middleman to facilitate the illegal tips and trades. Kluger and Bauer used public telephones and prepaid disposable mobile phones to communicate with Robinson in an effort to avoid detection.

Robinson cooperated with federal authorities to provide information on the case. According to the complaint, the scheme began in the early 1990s when Kluger was working as a summer a......................

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