- 9 - information had been obtained in breach of fiduciary obligations to keep the information confidential. The complaint alleged that, on the basis of material non-public information that Boesky had obtained through this trading scheme, Boesky had traded in the securities of certain companies, including, from February 18 to 21, 1986, petitioner. Boesky settled this complaint, agreeing to pay a $50 million fine, to disgorge another $50 million in profits from his illegal activities, to refrain from further violations of the securities laws, and to cooperate in a Federal investigation into his and others’ illegal activities. In December 1986, petitioner filed a 16-count complaint (Complaint) in U.S. District Court for the Northern District of Illinois against Boesky, Brown, Levine, Sokolow, Goldman, Drexel, and Shearson (collectively, defendants). Counts I through V alleged violations of Federal securities laws. Counts VI through VIII alleged violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. sections 1961 and 1964(c). Counts IX through XVI alleged violations of common law. All sixteen counts alleged that petitioner had suffered damages in excess of $235 million. Paragraph 64 of the Complaint alleged as "Adverse Financial Consequences to FMC": As a direct and proximate result of the illegal conduct alleged herein, FMC paid approximately $220 million more for the publicly held common stock of FMC tendered in response to FMC's purchase offer than FMC would have paid absent the illegal conduct.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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