ARTICLE
31 May 2016

Guilty Insider Dealers From Operation Tabernula Sentenced

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A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
Mr. Dodgson and Mr. Hind were sentenced to 4.5 years and 3.5 years imprisonment respectively. Mr. Dodgson's sentence is the longest ever handed down for an insider dealing case brought by the FCA.
United Kingdom Corporate/Commercial Law

On May 12, 2016, Mr. Martyn Dodgson and Mr. Andrew Hind were sentenced to imprisonment after having been found guilty of insider trading offences earlier this month by a UK court. Mr. Martyn Dodgson and Mr. Andrew Hind were found guilty of conspiring to commit insider dealing between November 2006 and March 2010 following a three-month trial in a case brought by the FCA. During the relevant period, Mr. Dodgson was employed by Morgan Stanley, Lehman Brothers and Deutsche Bank. Mr. Hind was a businessman, property developer and a qualified Chartered Accountant. Mr. Dodgson utilized his employment to secure information, both on transactions he personally worked on and through transaction in which his colleagues were involved. Mr. Hind acted as a "middle man" receiving information from Mr. Dodgson then dealing on behalf of Mr. Dodgson and himself. Mr. Dodgson and Mr. Hind used various strategies to conceal their activities, including using unregistered mobile phones, encrypted records and safety deposit boxes. Three other defendants, Andrew Harrison, Ben Anderson and Iraj Parvizi, who were accused of being party to the conspiracy, were acquitted. Sentencing will take place on a future date. The FCA confirmed that confiscation proceedings will also be pursued against the convicted individuals.

The convictions are a result of the FCA's largest insider dealing investigation, dubbed Operation Tabernula, which has also resulted in the conviction of Paul Milsom, Graeme Shelley and Julian Rifat.

Mr. Dodgson and Mr. Hind were sentenced to 4.5 years and 3.5 years imprisonment respectively. Mr. Dodgson's sentence is the longest ever handed down for an insider dealing case brought by the FCA. The trial judge, His Honour Judge Pegden, remarked that Mr. Dodgson's and Mr. Hind's offending was 'persistent, prolonged, deliberate, dishonest behavior'.

The FCA update is available at: http://www.fca.org.uk/news/insider-dealers-sentenced-in-operation-tabernula-trial  and the FCA's press release is available at: http://www.fca.org.uk/news/two-convicted-of-insider-dealing-in-operation-tabernula-trial .

You may like to view our client publication which is available at: http://www.shearman.com/~/media/Files/NewsInsights/Publications/2016/05/FCA-Obtains-Two-Criminal-Convictionsin-HighProfile-Insider-Dealing-Trial-FIIE-051116.pdf

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