UNITED STATES SECURITIES AND EXCHANGE COMMISSION LITIGATION RELEASE NO. 16150 / May 18, 1999 SECURITIES AND EXCHANGE COMMISSION v. JOHN F. WALSH, III Action No. 3:CV-97-0001 (M.D. Pa.) (filed January 2, 1997) On May 11, 1999, the United States District Court for the Middle District of Pennsylvania entered a final judgment by consent against John F. Walsh, III, a broker in the Clarks Summit, Pennsylvania office of Rutherford, Brown & Catherwood, Inc., for insider trading in the securities of First Eastern Corporation. Without admitting or denying the allegations in the Commission’s complaint, Walsh consented to the entry of a permanent injunction and payment of a total of $54,666 in disgorgement of trading profits, penalties and prejudgment interest. The Commission’s complaint, which was filed on January 2, 1997, alleged that Harry C. Morgan, a director of First Eastern, tipped John Martines, a business acquaintance, about the upcoming acquisition at a dinner at the Scranton Country Club on Friday, July 23, 1993. The complaint alleged that, at the dinner, Martines discussed with Morgan rumors regarding the possible purchase of first Eastern by another bank, and asked Morgan to identify the purchaser. Morgan allegedly responded, "Bet on the boys from Pittsburgh," referring to Pittsburgh-based PNC. The Commission alleged that this comment confirmed that First Eastern was to be acquired and identified the purchaser. This information was non-public and material to investors, according to the complaint. The complaint further alleged that on Monday, July 26, 1993, Martines purchased First Eastern stock through a broker at the Clarks Summit office of Rutherford, Brown & Catherwood, and told that broker about Morgan’s comments. The broker was Andrew Paul Tomasko. The same day, according to the complaint, that broker told Walsh, his supervisor, about Martines’ purchase and the comments Morgan made to Martines at the country club. Following that conversation, Walsh bought First Eastern stock for his wife and six of his customers. The next day, when the acquisition was announced, Walsh’s customers realized total overnight profits of $21,228. Walsh consented to entry of a Final Judgment, which permanently enjoins him from future violations of Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder, and orders him to pay $21,228 in disgorgement, $12,210 in prejudgment interest, and a $21,228 penalty. In a separate action, Walsh consented to the entry of an administrative order suspending him from association with a broker or dealer for six months. Simultaneous with the filing of the Commission’s complaint on January 2, 1997, co-defendants Morgan and Martines consented to the entry of final judgments permanently enjoining them from violating Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. Morgan and Martines also consented to pay disgorgement, penalties and interest of $81,690 and $23,517, respectively (Lit. Rel. No. 15203). On September 10, 1998, Tomasko consented to the entry of an order requiring him to cease and desist from causing or aiding and abetting violations of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, suspending him from association with any broker or dealer for forty- five days, and ordering him to pay a $10,000 penalty (Admin. Proc. Rel. No. 34-40425).