United States: Therapist Settles Charges Of Insider Trading Based On Information Obtained Through Counseling

Last Updated: December 18 2017
Article by Cadwalader, Wickersham & Taft LLP

Most Read Contributor in United States, November 2017

A Seattle-based therapist, Kenneth Peer, agreed to settle SEC charges of insider trading based on information he obtained from a patient during a confidential counseling session.

As alleged in the Complaint, one of Kenneth Peer's patients revealed during a counseling session that the patient's employer was soon to be acquired by another company. After learning of the impending acquisition, Mr. Peer allegedly purchased over $28,000 in his patient's employer's stock. Following the announcement of the acquisition, Mr. Peer sold the stock for a profit of over $10,000.

The SEC Complaint alleges that Mr. Peer traded on material nonpublic information, and, in obtaining the information during a counseling session, was in breach of a disclosure statement stipulating that he owed the patient a duty to maintain the confidentiality of information shared during their sessions.

The SEC charged Mr. Peer with violating Exchange Act Sections 10(b) and 14(e) and Rules 10b-5 and 14e-3. To settle the charges, Mr. Peer agreed to pay over $21,000 in penalties, disgorgement, and interest.

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