SEC Charges Six Former Officers of Putnam Fiduciary Trust Company with Defrauding Clients of $4 Million; 2006-2; Jan. 3, 2006
Six former Putnam Fiduciary Trust Company officers defrauded Cardinal Health and mutual fund shareholders of $4 million by delaying asset investment in January 2001, concealing the error, and illegally shifting losses through deceptive accounting, leading to SEC charges and civil penalties sought, while PFTC avoided enforcement due to extraordinary cooperation.
The SEC charged six former PFTC officers—Karnig Durgarian, Donald McCracken, Virginia Papa, Sandra Childs, Kevin Crain, and Ronald Hogan—with defrauding Cardinal Health, Inc. and Putnam mutual fund shareholders of approximately $4 million by deliberately delaying the investment of client assets in January 2001. The defendants concealed the one-day delay, which caused Cardinal Health to miss $4 million in market gains, and improperly allocated $3 million of the loss to mutual fund shareholders via illegal trade reversals and $1 million to Cardinal Health without disclosure. The SEC alleges violations of Sections 17(a) and 10(b) of the federal securities laws and provisions of the Investment Company Act, seeking injunctive relief and civil monetary penalties.
Six former officers of Putnam Fiduciary Trust Company (PFTC)—Karnig Durgarian, Donald McCracken, Virginia Papa, Sandra Childs, Kevin Crain, and Ronald Hogan—were charged by the SEC with defrauding Cardinal Health, Inc. and Putnam mutual fund shareholders of approximately $4 million through a scheme that began in January 2001. The defendants deliberately delayed investing Cardinal Health’s assets for one day, causing the client to miss out on steep market gains, then concealed the error instead of disclosing it or compensating the client. To cover the loss, they illegally shifted $3 million in costs to shareholders of Putnam mutual funds through deceptive trade reversals and improper accounting, while also forcing Cardinal Health to absorb $1 million in losses without its knowledge. Durgarian, Papa, Childs, and Crain further engaged in efforts to conceal the misconduct, which remained undetected until January 2004. The SEC alleges violations of Section 17(a) of the Securities Act, Section 10(b) of the Exchange Act, and Sections 34(b) and 37 of the Investment Company Act, seeking injunctive relief and civil penalties. In contrast, PFTC avoided any enforcement action due to its extraordinary cooperation, including prompt self-reporting, full restitution to clients, payment of legal and consulting fees, termination of wrongdoers, and implementation of new internal controls to prevent recurrence.
Extracted insights
- $4.00M $4 Million $1M–$10M
- $4.00M $4 million $1M–$10M
- $3.00M $3 million $1M–$10M
- $1.00M $1 million $1M–$10M
- court in u.s. district court in boston
- person responsible wrongdoers
- agency Securities and Exchange Commission
- company six former officers of putnam fiduciary trust company
- person walter g. ricciardi
- person wrongful conduct
- Sec Charge Six Former Officers of Putnam Fiduciary Trust Company
- Sec File Charges Six Former Officers of Putnam Fiduciary Trust Company
- Six Former Officers of Putnam Fiduciary Trust Company Defraud Clients of $4 Million
- Six Former Officers of Putnam Fiduciary Trust Company Engage in Scheme Defrauding a Defined Contribution Plan Client and Group of Putnam Mutual Funds of Approximately $4 Million
- Six Former Officers of Putnam Fiduciary Trust Company Decide to Shift Approximately $3 Million of the Costs of the Delay to Shareholders of Certain Putnam Mutual Funds
- Six Former Officers of Putnam Fiduciary Trust Company Allow Cardinal Health's Defined Contribution Plan to Bear Approximately $1 Million of the Loss
- Six Former Officers of Putnam Fiduciary Trust Company Take Steps to Cover-Up Wrongful Conduct
- Sec Announce Not Bringing Any Enforcement Action Against Pftc
- Pftc Cooperate In the Commission's Investigation of the Transactions
- Pftc Promptly Self-Report The Wrongdoing
- Pftc Conduct Independent Internal Investigation Into the Wrongdoing
- Pftc Share Results Of the Investigation With the Government
- Pftc Terminate and Discipline Responsible Wrongdoers
- Pftc Provide Full Restitution To Its Defrauded Clients
- Pftc Pay For The Attorneys' and Consultants' Fees of Its Defrauded Clients
- Pftc Implement New Controls Designed to Prevent the Recurrence of Fraudulent Conduct
- Walter G. Ricciardi State That Pftc's Cooperation in This Investigation and the Remedial Steps Taken Were Extraordinary
- Sec File Complaint In U.S. District Court in Boston
- Complaint Allege That the Defendants' Misconduct Arose Out of Pftc's One-Day Delay in Investing Certain Assets of a Defined Contribution Client, Cardinal Health, Inc., in January 2001
- Markets Rise Steeply On the Missed Day
- Complaint Allege That the Defendants Decided to Improperly Shift Approximately $3 Million of the Costs of the Delay to Shareholders of Certain Putnam Mutual Funds Through Deception, Illegal Trade Reversals, and Accounting Machinations
- Complaint Allege That the Defendants Improperly Allowed Cardinal Health's Defined Contribution Plan to Bear Approximately $1 Million of the Loss Without Disclosing to Cardinal Heath That They Had Done So
- Complaint Allege That Durgarian, Papa, Childs, and Crain Also Took Steps to Cover-Up the Wrongful Conduct
- Conduct Not Be Discovered Until January 2004
SEC Charges Six Former Officers of Putnam Fiduciary Trust Company with Defrauding Clients of $4 Million FOR IMMEDIATE RELEASE 2006-2 Washington, D.C., Jan. 3, 2006 - The Securities and Exchange Commission announced today that it filed charges against six former officers of Putnam Fiduciary Trust Company (PFTC), a Boston-based registered transfer agent, for engaging in a scheme beginning in January 2001 by which the defendants defrauded a defined contribution plan client and group of Putnam mutual funds of approximately $4 million. The six defendants are Karnig Durgarian, a former senior managing director and chief of operations for PFTC, as well as principal executive officer of certain Putnam mutual funds from 2002 through 2004; Donald McCracken, a former managing director and head of global operations services for PFTC; Virginia Papa, a former managing director and director of defined contribution servicing; Sandra Childs, a former managing director who had overall responsibility for PFTC's compliance department; Kevin Crain, a managing director who had responsibility for PFTC's plan administration unit; and Ronald Hogan, a former vice-president who had responsibility for new business implementation at PFTC. The Commission also announced today that it would not bring any enforcement action against PFTC because of its swift, extensive and extraordinary cooperation in the Commission's investigation of the transactions that are the subject of the Commission's complaint. PFTC's cooperation consisted of prompt self-reporting, an independent internal investigation, sharing the results of that investigation with the government (including not asserting any applicable privileges and protections with respect to written materials furnished to the Commission staff), terminating and otherwise disciplining responsible wrongdoers, providing full restitution to its defrauded clients, paying for the attorneys' and consultants' fees of its defrauded clients, and implementing new controls designed to prevent the recurrence of fraudulent conduct. Walter G. Ricciardi, Deputy Director of the Division of Enforcement and District Administrator of the Commission's Boston District Office stated: "Although the conduct alleged here was egregious, PFTC's cooperation in this investigation and the remedial steps taken were extraordinary. In recognition of the company's actions, the Commission has determined it appropriate not to bring any enforcement action against PFTC in connection with the charges we are announcing today. We hope the Commission's actions here will encourage those who become aware of wrongdoing to do the right thing - stop the wrongful conduct, promptly report it to the Commission staff, and cooperate fully in any subsequent investigation of the conduct." The Commission's complaint, which was filed on Dec. 30, 2005 in U.S. District Court in Boston, alleges that the defendants' misconduct arose out of PFTC's one-day delay in investing certain assets of a defined contribution client, Cardinal Health, Inc., in January 2001. The markets rose steeply on the missed day, causing Cardinal Health's defined contribution plan to miss out on nearly $4 million of market gains. According to the complaint, rather than inform Cardinal Health of the one-day delay or compensate their client for the missed trading gain, the defendants decided to improperly shift approximately $3 million of the costs of the delay to shareholders of certain Putnam mutual funds through deception, illegal trade reversals, and accounting machinations. The complaint also alleges that the defendants improperly allowed Cardinal Health's defined contribution plan to bear approximately $1 million of the loss without disclosing to Cardinal Heath that they had done so. The complaint further alleges that Durgarian, Papa, Childs, and Crain also took steps to cover-up the wrongful conduct. As a result, the conduct was not discovered until January 2004. The complaint alleges that through their fraudulent conduct, defendants violated Section 17(a) of the Securities Act of 1933 and violated and/or aided and abetted violations of Section 10(b) of the Securities Exchange Act of 1934. The complaint further alleges that Durgarian also violated Sections 34(b) and 37 of the Investment Company Act of 1940. The Commission is seeking injunctive relief and civil monetary penalties. # # # Contact Persons: Walter G. Ricciardi, Deputy Director and District Administrator (202) 551-4899 David P. Bergers, Associate District Administrator (617) 573-8927 Additional materials: Litigation Release No. 19517 http://www.sec.gov/news/press/2006-2.htm Home | Previous Page Modified: 01/03/2006
SEC Charges Six Former Officers of Putnam Fiduciary Trust Company with Defrauding Clients of $4 Million FOR IMMEDIATE RELEASE 2006-2 Washington, D.C., Jan. 3, 2006 - The Securities and Exchange Commission announced today that it filed charges against six former officers of Putnam Fiduciary Trust Company (PFTC), a Boston-based registered transfer agent, for engaging in a scheme beginning in January 2001 by which the defendants defrauded a defined contribution plan client and group of Putnam mutual funds of approximately $4 million. The six defendants are Karnig Durgarian, a former senior managing director and chief of operations for PFTC, as well as principal executive officer of certain Putnam mutual funds from 2002 through 2004; Donald McCracken, a former managing director and head of global operations services for PFTC; Virginia Papa, a former managing director and director of defined contribution servicing; Sandra Childs, a former managing director who had overall responsibility for PFTC's compliance department; Kevin Crain, a managing director who had responsibility for PFTC's plan administration unit; and Ronald Hogan, a former vice-president who had responsibility for new business implementation at PFTC. The Commission also announced today that it would not bring any enforcement action against PFTC because of its swift, extensive and extraordinary cooperation in the Commission's investigation of the transactions that are the subject of the Commission's complaint. PFTC's cooperation consisted of prompt self-reporting, an independent internal investigation, sharing the results of that investigation with the government (including not asserting any applicable privileges and protections with respect to written materials furnished to the Commission staff), terminating and otherwise disciplining responsible wrongdoers, providing full restitution to its defrauded clients, paying for the attorneys' and consultants' fees of its defrauded clients, and implementing new controls designed to prevent the recurrence of fraudulent conduct. Walter G. Ricciardi, Deputy Director of the Division of Enforcement and District Administrator of the Commission's Boston District Office stated: "Although the conduct alleged here was egregious, PFTC's cooperation in this investigation and the remedial steps taken were extraordinary. In recognition of the company's actions, the Commission has determined it appropriate not to bring any enforcement action against PFTC in connection with the charges we are announcing today. We hope the Commission's actions here will encourage those who become aware of wrongdoing to do the right thing - stop the wrongful conduct, promptly report it to the Commission staff, and cooperate fully in any subsequent investigation of the conduct." The Commission's complaint, which was filed on Dec. 30, 2005 in U.S. District Court in Boston, alleges that the defendants' misconduct arose out of PFTC's one-day delay in investing certain assets of a defined contribution client, Cardinal Health, Inc., in January 2001. The markets rose steeply on the missed day, causing Cardinal Health's defined contribution plan to miss out on nearly $4 million of market gains. According to the complaint, rather than inform Cardinal Health of the one-day delay or compensate their client for the missed trading gain, the defendants decided to improperly shift approximately $3 million of the costs of the delay to shareholders of certain Putnam mutual funds through deception, illegal trade reversals, and accounting machinations. The complaint also alleges that the defendants improperly allowed Cardinal Health's defined contribution plan to bear approximately $1 million of the loss without disclosing to Cardinal Heath that they had done so. The complaint further alleges that Durgarian, Papa, Childs, and Crain also took steps to cover-up the wrongful conduct. As a result, the conduct was not discovered until January 2004. The complaint alleges that through their fraudulent conduct, defendants violated Section 17(a) of the Securities Act of 1933 and violated and/or aided and abetted violations of Section 10(b) of the Securities Exchange Act of 1934. The complaint further alleges that Durgarian also violated Sections 34(b) and 37 of the Investment Company Act of 1940. The Commission is seeking injunctive relief and civil monetary penalties. # # # Contact Persons: Walter G. Ricciardi, Deputy Director and District Administrator (202) 551-4899 David P. Bergers, Associate District Administrator (617) 573-8927 Additional materials: Litigation Release No. 19517 http://www.sec.gov/news/press/2006-2.htm Home | Previous Page Modified: 01/03/2006