In a case brought by the Financial Services Authority (FSA), Thomas Ammann, an investment banker and former FSA Approved Person, has today been sentenced at Southwark Crown Court to 2 years and 8 months imprisonment for two counts of insider dealing and two counts of encouraging insider dealing. But for an early guilty plea the sentence would have been one of 4 years.
Thomas Ammann was an investment banker working at Mizuho International plc (MIP). In late 2008 and 2009 MIP was advising Canon, the multi-national technology company, on its acquisition of Océ, a medium sized Dutch company making photocopiers, scanners, related software and accessories. By virtue of his employment at MIP, Ammann had access to inside price sensitive information relating to the takeover.
Rather than dealing in his own name, Ammann encouraged two women, Christina Weckwerth and Jessica Mang, to buy shares of Océ prior to the acquisition being announced. Following the announcement of the acquisition the women sold their shares for a profit, which they then shared with Ammann. In November of this year, a jury found that both women were not jointly involved with Mr Ammann and his insider trading.
Mr Ammann made several hundred thousand pounds as a result of his offending. Confiscation and cost orders will be dealt with at a later date.
In passing sentence His Honour Judge Leonard QC said:
“Your actions had significant impact on public confidence in the integrity of the market at a time that the city is held in increasingly low esteem …. Your activities not only cast a cloud over the particular business that employed you but potentially affects the perception of mergers and acquisitions business within the city as a whole. An honest shareholder who tries to read the market is offended by someone like you who can put aside skill and research by relying on information you are barred from using.”
Tracey McDermott, director of enforcement and financial crime, said:
“At the time of his arrest Ammann was an FSA approved person with privileged access to inside information. He sought to exploit that position to make easy money. This sort of behaviour by city professionals not only brings the individual into disrepute but also damages the reputation and standing of the financial services industry as a whole. We are determined to stamp this out. Today's sentence should serve as a clear warning of the consequences to anyone who might be tempted to follow Ammann's example.”
The FSA makes no criticism of Mizuho International plc.
The FSA thanks the Cyprus Securities and Exchange Commission (CYSEC), the Public Prosecutors Office in Frankfurt and the police and prosecution authority in Hessen, Germany, for their assistance.
Background
1. No criticism is made of any firms or banks involved.
2. Jessica Mang and Christina Weckwerth were acquitted, on 15 November 2012, of one count of insider dealing each after a trial heard at Southwark Crown Court.
3. The FSA has previously secured 20 further convictions in relation to insider dealing: Christopher McQuoid and James William Melbourne in March 2009; Matthew and Neel Uberoi in November 2009, Malcolm Calvert on 11 March 2010, Anjam Ahmad on 22 June 2010, Neil Rollins on 21 January 2011, Christian Littlewood and Angie Littlewood on 8 October 2010 and Helmy Omar Sa'aid on 10 January 2011, Rupinder Sidhu on 15 December 2011, and James and Miranda Sanders together with James Swallow in May 2012 and Ali Mustafa, Pardip Saini, Paresh Shah, Neten Shah, Bijal Shah and Truptesh Patel on 27 July 2012. Details of each case are available on this website.
4. The FSA is currently prosecuting 5 other individuals for insider dealing:
Richard Joseph 28 January 2013
Martyn Dodgson Trial date to be confirmed
Andrew Hind Trial date to be confirmed
Benjamin Anderson Trial date to be confirmed
Iraj Parvizi Trial date to be confirmed
5. The Financial Services and Markets Act 2000 gives the FSA powers to investigate and prosecute insider dealing, defined by The Criminal Justice Act 1993.
6. Individuals with information about market abuse can call the FSA’s market abuse hotline on 020 7066 4900.
7. The FSA regulates the financial services industry and has four objectives under the Financial Services and Markets Act 2000: maintaining market confidence; securing the appropriate degree of protection for consumers; fighting financial crime; and contributing to the protection and enhancement of the stability of the UK financial system.
8. The FSA will be replaced by the Financial Conduct Authority and Prudential Regulation Authority in 2013. The Financial Services Bill currently undergoing parliamentary scrutiny is expected to receive Royal Assent in late 2012 or early 2013, subject to the parliamentary timetable.