FOR IMMEDIATE RELEASE 99-174 SEC and U.S. Attorney Bring Civil and Criminal Fraud Charges Against James McDermott, Former Chairman and CEO of Investment Banking Firm Keefe, Bruyette & Woods, for Insider Trading Washington, DC, December 21, 1999 -- The Securities and Exchange Commission today filed civil fraud charges against James J. McDermott, Jr., the former Chairman and Chief Executive Officer of Keefe, Bruyette & Woods, Inc., an investment banking firm, and two other individuals for insider trading. The charges, filed in U.S. District Court in Manhattan, allege that McDermott provided material nonpublic information concerning at least six merger transactions to Kathryn B. Gannon, who in turn tipped a friend, Anthony P. Pomponio. The U.S Attorney for the Southern District of New York today also filed criminal charges against the three individuals. SEC Associate Enforcement Director Thomas C. Newkirk said, "As gatekeepers to our markets, there is simply no room for securities industry professionals to misuse inside information. If caught, the consequences will be severe." The complaint alleges that from at least June 1997 through April 1998, McDermott, as Chairman and CEO of Keefe, Bruyette, obtained material nonpublic information in advance of merger transactions and provided it to Gannon, with whom he had a relationship. Gannon then purchased securities in relatively unknown regional banks: Central Fidelity Banks, Inc., First Commerce Corp., California State Bank (West Covina), First Commercial Corp., Advanta Corporation, and Barnett Banks, Inc. Each of the banks whose stock Gannon traded was either involved in merger negotiations with potential suitors or actually completed a merger transaction contemporaneously with her trading. In addition, with respect to all but one of Gannon's bank stock purchases, Keefe, Bruyette represented the target in the merger transaction or was otherwise associated in some way with one of the parties to the transaction. As a result of her illegal trading, Gannon made profits of at least $88,135. The complaint also alleges that Gannon tipped Pomponio, to whom she boasted that she had clients in New York City who were "well connected Wall Street types," including lawyers, stockbrokers and other "high level people." Pomponio, with knowledge of the reliability of the material nonpublic information concerning pending mergers obtained from Gannon, traded in advance of five of the merger transactions, reaping profits of at least $86,378. The Commission seeks to permanently prevent McDermott, Gannon and Pomponio from violating the antifraud provisions of the federal securities laws. In addition, the complaint seeks disgorgement of all ill-gotten gains, prejudgment interest, and civil monetary penalties. Also today, the United States Attorney for the Southern District of New York announced the filing of a criminal complaint against McDermott, Gannon, and Pomponio for two felony counts each, for violations of the federal securities laws, as well as a felony count against Pomponio for perjury. In addition, the U.S. Attorney announced today that McDermott and Pomponio were arrested, and an arrest warrant was issued for Gannon. The Commission thanks the United States Attorney's office for its cooperation in this matter. The Commission continues its investigation in this matter. For further information contact: --Tom Newkirk at 202.942.4500. --Paul Berger at 202.942.4854. # # #