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Malcolm Calvert, a former equities marketmaker at stock broker Cazenove, was today found guilty at Southwark Crown Court on five counts of insider dealing. Calvert made approximately £103,883 profit from the trades that took place between June 2003 and October 2004.
The case is the third successful prosecution for insider dealing bought by the Financial Services Authority (FSA) and is part of its ongoing drive to tackle market abuse and promote efficient, orderly and fair markets.
The prosecution is also notable for the involvement of a key witness, Bertie Hatcher - a friend of Calvert - who agreed to provide evidence in the trial having been involved in the illicit dealings himself.
Margaret Cole, director of enforcement and financial crime at the FSA, said:
“This is another milestone in our fight against market abuse. It’s a misconception that insider dealing is a victimless crime: it damages the very confidence and trust our markets operate on and it must be stopped.
“The guilty verdict is a shot across the bow for any city workers who may be tempted to trade using insider knowledge. Our message is simple: if you take part in such activity, you run a very real risk of the FSA taking criminal action against you.”
The full sentencing and confiscation hearing will take place on Thursday 11th March.
The FSA also announced today that it has fined Hatcher, a retired bookmaker and insurance broker from Ipswich, £56,098 for market abuse, and published details of the agreement it made with him which led to his assistance in the prosecution of Calvert.
The FSA found that between 2003 and 2005 Hatcher had profited from inside information, using it to buy and sell about 420,000 shares in six companies. The fine represents the full disgorgement of his share of the net profit from these trades.
As part of a settlement with the FSA, Hatcher agreed to provide ongoing assistance to the investigation. In return, the FSA agreed to sanction Hatcher using its regulatory powers rather than a criminal prosecution; Hatcher’s fine was also reduced substantially owing to his cooperation.
Ms Cole continued:
“Hatcher took part in illicit trades using inside information and profited from them; because of this he has received a significant fine. However we were also mindful of the need to encourage others to come forward and assist in the investigation and prosecution of insider dealing and market abuse - especially where it is suspected that two or more people have been involved - and that is why we made an agreement with him.
“Hatcher provided valuable evidence to the FSA, not just about his own misconduct, but also in relation to Calvert. We will continue to enter into agreements of this sort where we believe it is in the public interest and interests of justice for the FSA to do so.”
Background
- The Final Notice for Bertie Hatcher.
- The FSA is currently prosecuting two other insider dealing cases: Mr Neil Rollins, Mr King, Mr Rimmington and Mr Mcfall.
- The FSA regulates the financial services industry and has four objectives under the Financial Services and Markets Act 2000: maintaining market confidence; promoting public understanding of the financial system; securing the appropriate degree of protection for consumers; and fighting financial crime.
