Former MDS Inc. IT Specialist and Spouse Made More
Than $1 Million From Stolen Information About MDS's
Impending Merger With Molecular Devices
FOR IMMEDIATE RELEASE
2007-139
Washington, D.C., July 24, 2007 - The
Securities and Exchange Commission today filed insider
trading charges against a former MDS Inc. employee who
allegedly stole confidential information about MDS's
impending tender offer for the shares of Molecular
Devices Corp. (Molecular) and, along with his wife, used
that information to trade in Molecular securities ahead
of the merger's public announcement. The Ontario
Securities Commission also brought its own separate
enforcement action today to address this conduct.
The SEC alleges that Shane Bashir Suman, 34, of
Toronto, learned about secret merger negotiations
through access he had to electronic data in his job as
an information technology specialist at MDS, then gave
that information to his wife, Monie Rahman, 36. In the
days before the tender offer became publicly known,
Suman and Rahman made just over $1 million by trading in
the securities of Molecular.
"This is the latest in a growing list of SEC
enforcement actions against corporate employees for
trading on confidential information about upcoming
mergers and acquisitions," said Linda Chatman Thomsen,
Director of the Commission's Division of Enforcement.
Investors deserve better, and the SEC will aggressively
pursue those who abuse their positions and take
advantage of their insider status."
Cheryl Scarboro, Associate Director of the SEC's
Division of Enforcement, added, "The SEC appreciates the
cooperation of the Ontario Securities Commission in this
matter, and we will continue to cooperate with
international regulators to chase down securities fraud
when it crosses our borders."
The SEC's complaint, filed in the United States
District Court for the Southern District of New York,
alleges that Suman's job gave him access to a vast
amount of secret corporate information. In particular,
Suman was able to read the contents of confidential
e-mails and other electronic data without detection. For
example, the circumstances in which Suman was called to
restore an electronic document on Jan. 23, 2007, the day
before he and his wife started trading, suggested the
code name for the MDS-Molecular merger and the
sensitivity associated with that project. Later that
day, Suman conducted Internet searches for both that
code name and for "Molecular Devices". Just after
running those searches, Suman called Rahman and spoke to
her for 100 minutes, much longer than their phone
records indicate they usually spoke.
Between Jan. 24 and Jan. 26, 2007, Suman and Rahman
bought 12,000 Molecular shares and 900 Molecular call
options. Brokerage account records indicate that a
portion of the Molecular securities purchases were
financed with a margin loan of approximately $200,000,
and the couple previously did not have a position in
Molecular securities. On Jan. 29, 2007, MDS and
Molecular jointly announced the tender offer for
Molecular's shares. The stock price immediately rose
from almost $24 to roughly $35, making Rahman and
Suman's trades worth more than $1 million.
Suman and Rahman are both Canadian citizens, though
Rahman has lived in Logan, Utah, since June 2006. The
Commission acknowledges the assistance of the OSC and
the Chicago Board Options Exchange in this matter.