Mickelson has to pay back the $931,000 he
made after insider trading tip
NEWS RELEASE
The USA Securities and Exchange Commission on Thursday alleged that golfer Phil
Mickelson made $931,000 after purchasing stock on an insider trading
tip from sports gambler Billy Walters and then used some of the money to
pay back Walters, to whom he allegedly owed money.
The SEC said Mickelson, who was not criminally charged, has agreed to
pay back "all ill-gotten gains," which, including interest, totalling $1.03
million.
Mickelson instead was charged as a relief defendant,
which is reserved for a person who profited without evidence of
knowledge concerning the origin of the illegal tip.
"Simply
put, the money Mr. Mickelson made was not his to make," said Andrew
Ceresney, director of the SEC's enforcement division.
A spokesman
for Mickelson issued a statement Thursday, saying the golfer has "no
desire to benefit from any transaction that the SEC sees as
questionable."
"Phil understands and deeply respects the high
professional and ethical standards that the companies he represents
expect of their employees, associates and of Phil himself," the
statement said.
"He subscribes to the same values and regrets any
appearance that, on this occasion, he fell short. He takes full
responsibility for the decisions and associations that led him to
becoming part of this investigation.
"... He is pleased that this matter is over, and he will have no further comment."
US PGA
Tour spokesman Ty Votaw, when asked if any disciplinary action was
being considered against Mickelson, declined comment, citing tour
policy.
A spokesman for Barclays, the bank that sponsors
Mickelson, declined to comment on how Thursday's actions will affect his
relationship with the company.
Officials with financial services
company KPMG, which also sponsors Mickelson, said in a statement: "KPMG
has had a long and meaningful relationship with Phil Mickelson. While we
are disappointed by what the SEC announced today, we appreciate that
Phil's statement makes clear he respects and shares the values of KPMG.
"We accept his statement of personal responsibility and commitment and
have nothing further to add."
In its case, the SEC said Mickelson
spoke with Walters, with whom he had placed bets, in 2012 about an
upcoming spin-off of dairy company Dean Foods. Based on a tip Walters
had received, the SEC alleged, Walters told Mickelson to buy the stock.
Months after buying 240,000 shares, according to a companion criminal
case, Mickelson then repaid Walters, using the Dean Foods money, the SEC
alleged.
Walters was charged with insider trading and was arrested
by the FBI late Wednesday in Las Vegas. He was released from custody
Thursday afternoon in U.S. District Court in Las Vegas on $1 million
bond and $100,000 cash security.
Walters is scheduled to make an
appearance before the United States District Court for the Southern
District of New York on June 1.
In a separate indictment Thursday,
the U.S. Attorney's office in Manhattan, in conjunction with the SEC
and the FBI, alleged that Walters' interaction with former chairman of
Dean Foods Thomas Davis allowed him to make a profit of $32 million in
stock trading while avoiding losses of $11 million.
Davis, who had
business relationships with Walters, allegedly received $1.1 million in
loans from Walters that went unpaid. Davis is co-operating with the
investigation, and he has already pleaded guilty to charges that, in
addition to those handed down to Walters, include perjury and
obstruction of justice, U.S. Attorney Preet Bharara said Thursday at a
news conference in New York.
The
45-year-old Mickelson was inducted into the World Golf Hall of Fame in
2011. He has won 42 tUS Tour events, including five majors -- three Masters,
one PGA Championship and one Open.
He has long had a
reputation for being a gambler, though he has said he scaled back his
habit after his son, Evan, was born in 2003. The most publicized payoff
was when Mickelson and friends won $560,000 on a pre-season bet (28-1
odds) that the Baltimore Ravens would win the 2001 Super Bowl.
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