2012-03-08 SEC Press press_release 63 KB 4,522 chars

SEC.gov | SEC Charges Former Executive at Coca-Cola Bottling Company with Insider Trading

Release
2012-40
Caption
Securities and Exchange Commission v. Blackout Notices, et al.
summary

Steven Harrold, a former Vice President at Coca-Cola Enterprises Inc., was charged by the SEC with insider trading after purchasing 15,000 shares of CCE stock in his wife’s account using nonpublic information about an $800 million acquisition, earning an illicit $86,850 profit before the deal’s public announcement.

paragraph

The SEC charged Steven Harrold with violating Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 for insider trading based on confidential information about Coca-Cola Enterprises’ impending $800 million acquisition of Coca-Cola’s Norwegian and Swedish bottling operations. Despite signing non-disclosure agreements and receiving explicit blackout notices prohibiting stock trades, Harrold purchased 15,000 CCE shares in his wife’s brokerage account the day before the public announcement, resulting in an illicit profit of $86,850 as the stock price surged 30%. The SEC seeks disgorgement of his gains, prejudgment interest, a financial penalty, and a permanent injunction barring him from serving as an officer or director of any public company.

narrative

Steven Harrold, a former Vice President at Coca-Cola Enterprises Inc. (CCE), was charged by the SEC with insider trading after using nonpublic information about CCE’s planned $800 million acquisition of The Coca-Cola Company’s bottling operations in Norway and Sweden. Despite repeatedly signing non-disclosure agreements and receiving explicit email notifications of a trading blackout period, Harrold purchased 15,000 shares of CCE stock in his wife’s brokerage account on February 24, 2010—the day before the transaction was publicly announced. When the deal was revealed, CCE’s stock price jumped 30%, enabling Harrold to realize an illicit profit of $86,850. The SEC’s complaint, filed in the U.S. District Court for the Central District of California, alleges that Harrold deliberately violated federal securities laws by exploiting his position of trust and access to material, nonpublic information. The agency seeks to disgorge his ill-gotten gains, impose prejudgment interest, levy a financial penalty, and permanently bar him from serving as an officer or director of any public company. FINRA assisted the SEC in its investigation, underscoring the coordinated regulatory response to this breach of fiduciary duty. Harrold’s actions not only breached internal company policies but also undermined investor confidence in market integrity.

Enriched metadata

Scheme
insider-trading (100%)
Court
Central District of California
Victim loss
$800,000,000
Classified insider-trading(confidence 100%). EDGAR detection: forms 4/3/5/144· recall 81% / precision 19%. detection rule →
Parties
blackout noticescoca-cola enterprisescoca-cola enterprises inc.director of the sec’s los angeles regional officeproducts and syrup concentrate to coca-cola enterprisesrosalind r. tysonSecurities and Exchange Commissionsteven harroldstock pricethe coca-cola companyvice president at coca-cola enterprises inc.
Keywords
seccoca-colacompanyharroldcompany insiderinsider tradingconfidential informationcoca-cola companyinformationgovstocktradingformer executiveexecutive coca-colacoca-cola bottling

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 2
  • $800.00M $800 million $100M–$1B
  • $87K $86,850 $10K–$100K
Entities 11
  • person blackout notices
  • company coca-cola enterprises
  • company coca-cola enterprises inc.
  • agency director of the sec’s los angeles regional office
  • company products and syrup concentrate to coca-cola enterprises
  • person rosalind r. tyson
  • agency Securities and Exchange Commission
  • person steven harrold
  • person stock price
  • company the coca-cola company
  • company vice president at coca-cola enterprises inc.
Triples 18
  • Securities And Exchange Commission charged Steven Harrold
  • Steven Harrold was Vice President At Coca-Cola Enterprises Inc.
  • Steven Harrold purchased Company Stock In His Wife’s Brokerage Account
  • Coca-Cola Enterprises Inc. agreed to acquire The Coca-Cola Company’s Bottling Operations In Norway And Sweden
  • Stock Price jumped 30 Percent
  • Steven Harrold made Illicit $86,850 Profit
  • Rosalind R. Tyson is Director Of The SEC’s Los Angeles Regional Office
  • Coca-Cola Enterprises trades on The New York Stock Exchange
  • The Coca-Cola Company develops and sells Products And Syrup Concentrate To Coca-Cola Enterprises
  • Steven Harrold signed Non-Disclosure Agreements
  • Steven Harrold received Blackout Notices
  • Steven Harrold was informed In Early January 2010
  • Coca-Cola Enterprises Inc. was considering Acquisition Of The Coca-Cola Company’s Norwegian And Swedish Bottling Operations
  • Steven Harrold received An E-Mail From CCE’s Legal Counsel
  • Steven Harrold purchased 15,000 CCE Shares In His Wife’s Brokerage Account On Feb. 24, 2010
  • Transaction was internally valued at More Than $800 Million
  • Securities And Exchange Commission charges Harrold With Violating Section 10(B) Of The Securities Exchange Act Of 1934
  • Complaint seeks Final Judgment Ordering Harrold To Pay A Financial Penalty
PDF (from attached: complaint)
Text layers
Extracted body text (4,522c)
Skip to search field Skip to main content <iframe src="https://www.googletagmanager.com/ns.html?id=GTM-TD3BKV" height="0" width="0" style="display:none;visibility:hidden"></iframe> An official website of the United States government Here’s how you know Here’s how you know Official websites use .gov A .gov website belongs to an official government organization in the United States. Secure .gov websites use HTTPS A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. SEC homepage Menu Newsroom | Investors Small Businesses Whistleblowers Search SEC.gov & EDGAR Search More in this Section Press Release SEC Charges Former Executive at Coca-Cola Bottling Company with Insider Trading For Immediate Release 2012-40 Washington, D.C., March 8, 2012 — The Securities and Exchange Commission today charged a former executive at a Coca-Cola bottling company with insider trading based on confidential information he learned on the job about potential upcoming business with The Coca-Cola Company. The SEC alleges that Steven Harrold, who was a Vice President at Coca-Cola Enterprises Inc., purchased company stock in his wife’s brokerage account after learning that his company had agreed to acquire The Coca-Cola Company’s bottling operations in Norway and Sweden. The stock price jumped 30 percent when the deal was announced publicly the following day, enabling Harrold to make an illicit $86,850 profit. “Harrold deliberately flouted the federal securities laws and specific company restrictions in his purchases and trades of Coca-Cola Enterprises stock,” said Rosalind R. Tyson, Director of the SEC’s Los Angeles Regional Office. “His employer entrusted him with critical nonpublic information, and Harrold shattered that trust to bottle up extra cash.” Coca-Cola Enterprises is one of the world’s largest marketers, producers and distributors of Coca-Cola products, and its stock trades on the New York Stock Exchange under the stock symbol CCE. The Coca-Cola Company (ticker symbol: KO) develops and sells its products and syrup concentrate to Coca-Cola Enterprises and other bottlers. According to the SEC’s complaint filed in the U.S. District Court for the Central District of California, Harrold was regularly in possession of sensitive, confidential information as an executive at CCE. On numerous occasions, Harrold signed non-disclosure agreements requiring him to keep confidential any information he learned about acquisitions being considered. Harrold also periodically received blackout notices prohibiting him from trading in company stock for a defined period in which he was likely to be in possession of confidential information. The SEC alleges that Harrold, who lives in Los Angeles and London, was informed in early January 2010 that CCE was considering the acquisition of The Coca-Cola Company’s Norwegian and Swedish bottling operations. He signed a non-disclosure agreement requiring him to maintain the confidentiality of any nonpublic information he learned about the potential transaction. Harrold also received an e-mail from CCE’s legal counsel informing him that he was subject to a blackout period and was prohibited from trading in CCE stock “until further notice.” Nevertheless, the SEC alleges that Harrold purchased 15,000 CCE shares in his wife’s brokerage account on Feb. 24, 2010, the day before the announcement of the transaction with The Coca-Cola Company. The insider trading was based on certain confidential information that Harrold learned in the days leading up to the announcement, including that the transaction was internally valued at more than $800 million and was viewed as creating significant positive growth opportunities for CCE. The SEC’s complaint charges Harrold with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(a) and (c) thereunder. The complaint seeks a final judgment ordering Harrold to pay a financial penalty and disgorge his ill-gotten gains plus prejudgment interest, preventing him from serving as an officer or director of a public company, and permanently enjoining him from future violations of those provisions of the federal securities laws. The SEC acknowledges the assistance of FINRA in this matter. ### Last Reviewed or Updated: May 8, 2013 Resources SEC Complaint Return to top SEC homepage Stay connected. Sign up for email updates. Your email address Sign Up X Facebook Instagram RSS YouTube Email Updates
OCR text (4,522c · plain-text · 99% conf)
Skip to search field Skip to main content <iframe src="https://www.googletagmanager.com/ns.html?id=GTM-TD3BKV" height="0" width="0" style="display:none;visibility:hidden"></iframe> An official website of the United States government Here’s how you know Here’s how you know Official websites use .gov A .gov website belongs to an official government organization in the United States. Secure .gov websites use HTTPS A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. SEC homepage Menu Newsroom | Investors Small Businesses Whistleblowers Search SEC.gov & EDGAR Search More in this Section Press Release SEC Charges Former Executive at Coca-Cola Bottling Company with Insider Trading For Immediate Release 2012-40 Washington, D.C., March 8, 2012 — The Securities and Exchange Commission today charged a former executive at a Coca-Cola bottling company with insider trading based on confidential information he learned on the job about potential upcoming business with The Coca-Cola Company. The SEC alleges that Steven Harrold, who was a Vice President at Coca-Cola Enterprises Inc., purchased company stock in his wife’s brokerage account after learning that his company had agreed to acquire The Coca-Cola Company’s bottling operations in Norway and Sweden. The stock price jumped 30 percent when the deal was announced publicly the following day, enabling Harrold to make an illicit $86,850 profit. “Harrold deliberately flouted the federal securities laws and specific company restrictions in his purchases and trades of Coca-Cola Enterprises stock,” said Rosalind R. Tyson, Director of the SEC’s Los Angeles Regional Office. “His employer entrusted him with critical nonpublic information, and Harrold shattered that trust to bottle up extra cash.” Coca-Cola Enterprises is one of the world’s largest marketers, producers and distributors of Coca-Cola products, and its stock trades on the New York Stock Exchange under the stock symbol CCE. The Coca-Cola Company (ticker symbol: KO) develops and sells its products and syrup concentrate to Coca-Cola Enterprises and other bottlers. According to the SEC’s complaint filed in the U.S. District Court for the Central District of California, Harrold was regularly in possession of sensitive, confidential information as an executive at CCE. On numerous occasions, Harrold signed non-disclosure agreements requiring him to keep confidential any information he learned about acquisitions being considered. Harrold also periodically received blackout notices prohibiting him from trading in company stock for a defined period in which he was likely to be in possession of confidential information. The SEC alleges that Harrold, who lives in Los Angeles and London, was informed in early January 2010 that CCE was considering the acquisition of The Coca-Cola Company’s Norwegian and Swedish bottling operations. He signed a non-disclosure agreement requiring him to maintain the confidentiality of any nonpublic information he learned about the potential transaction. Harrold also received an e-mail from CCE’s legal counsel informing him that he was subject to a blackout period and was prohibited from trading in CCE stock “until further notice.” Nevertheless, the SEC alleges that Harrold purchased 15,000 CCE shares in his wife’s brokerage account on Feb. 24, 2010, the day before the announcement of the transaction with The Coca-Cola Company. The insider trading was based on certain confidential information that Harrold learned in the days leading up to the announcement, including that the transaction was internally valued at more than $800 million and was viewed as creating significant positive growth opportunities for CCE. The SEC’s complaint charges Harrold with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(a) and (c) thereunder. The complaint seeks a final judgment ordering Harrold to pay a financial penalty and disgorge his ill-gotten gains plus prejudgment interest, preventing him from serving as an officer or director of a public company, and permanently enjoining him from future violations of those provisions of the federal securities laws. The SEC acknowledges the assistance of FINRA in this matter. ### Last Reviewed or Updated: May 8, 2013 Resources SEC Complaint Return to top SEC homepage Stay connected. Sign up for email updates. Your email address Sign Up X Facebook Instagram RSS YouTube Email Updates