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      Page 28 - 期貨和衍生品行業(yè)監管動(dòng)態(tài)(2024年4月)
      P. 28

      期貨和衍生品行業(yè)監管動(dòng)態(tài)
      
      
      
      
                              The Securities and Exchange Commission today announced insider trading
      
                         charges against Andreas “Andy” Bechtolsheim, the founder and Chief Architect of
      
                         Silicon Valley-based technology company Arista Networks, Inc. To settle the SEC’s
      
                         charges, Bechtolsheim agreed to pay a civil penalty of nearly $1 million.
      
      
                              According to the SEC’s complaint, Bechtolsheim misappropriated material
      
                         nonpublic    information   regarding   the   impending    acquisition   of   Acacia
      
                         Communications, Inc., a manufacturer of highspeed optical interconnect products.
      
                         The SEC alleges that Bechtolsheim, who was Arista Networks’s chair at the time,
      
                         learned of Acacia’s impending acquisition on July 8, 2019, through his and Arista
      
                         Networks’s longstanding relationship with another multinational technology company
      
                         that was also considering acquiring Acacia and consulted with Bechtolsheim
      
                         concerning the potential acquisition. Immediately after learning this information,
      
                         Bechtolsheim allegedly traded Acacia options in the accounts of a close relative and
      
                         an associate. The next day, July 9, 2019, before the market opened, Acacia and Cisco
      
                         announced that Cisco had agreed to acquire Acacia for $70 per share. That day,
      
                         Acacia’s stock price increased by 35.1 percent. According to the SEC’s complaint,
      
                         Bechtolsheim’s trading generated combined illegal profits of $415,726 in the accounts
      
                         of his relative and associate.
      
      
                              “We allege that Bechtolsheim, while serving as the chairman of a publicly traded
      
      
                         company, abused the trust of a longtime business contact who had shared highly
      
                         sensitive information about an imminent corporate acquisition,” said Joseph G.
      
                         Sansone, Chief of the SEC’s Market Abuse Unit. “We will continue to pursue and
      
                         prosecute misconduct by trusted insiders at all levels of the corporate hierarchy.”
      
      
                              Without admitting or denying the allegations in the SEC’s complaint, which was
      
                         filed in the U.S. District Court for the Northern District of California, Bechtolsheim
      
                         settled the SEC’s charges by agreeing to be barred from serving as an officer or
      
                         director of a public company for five years and to pay a civil monetary penalty of
      
      
      
      
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