Owner And Principal Of Investment Firm Indicted For Insider Trading

[nitpicker]

https://www.justice.gov/usao-sdny/pr/owner-and-principal-investment-firm-indicted-insider-trading

Department of Justice
U.S. Attorney’s Office
Southern District of New York

FOR IMMEDIATE RELEASE
Wednesday, July 10, 2019

Owner And Principal Of Investment Firm Indicted For Insider Trading

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the indictment and arrest of DONALD BLAKSTAD for his participation in a scheme to trade on inside information that was misappropriated from Illumina, Inc. (“Illumina”), a San Diego-based biotechnology company whose stock trades on NASDAQ. BLAKSTAD’s scheme yielded more than $6 million in illegal profits.

Mr. Berman also announced today the unsealing of charges against MARTHA BUSTOS, a certified public accountant formerly employed by Illumina, who pled guilty on June 28, 2019, and is cooperating with the Government.

BLAKSTAD was arrested this morning in San Diego, California, and will be presented today before United States Magistrate Judge William V. Gallo of the U.S. District Court for the Southern District of California. In a separate action, the Securities and Exchange Commission (“SEC”) filed civil charges against BLAKSTAD and BUSTOS.
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BLAKSTAD was the owner and principal of an investment fund known as Midcontinental Petroleum Inc., which purported to be in the business of soliciting investments in the oil and gas industry. BUSTOS was a certified public accountant who worked in Illumina’s accounting department. By virtue of her employment at Illumina, BUSTOS had access to material nonpublic information about Illumina’s financial condition, including its earnings.

On multiple occasions, from 2016 through 2018, BLAKSTAD obtained inside information about Illumina’s financial condition from BUSTOS before Illumina publicly announced its quarterly financial results. As BLAKSTAD knew, BUSTOS owed a duty to keep inside information about Illumina confidential.

BLAKSTAD, aware of BUSTOS’s breach of duty to Illumina, used this inside information to make profitable trades in Illumina securities. At times, BLAKSTAD tipped his associates so that they could trade Illumina stock and options based on the inside information. At other times, in order to avoid detection, BLAKSTAD arranged for his associates to purchase Illumina securities for BLAKSTAD’s benefit in accounts controlled by his associates.

Following the public announcement of Illumina’s earnings, BLAKSTAD and his associates sold the Illumina securities at a significant profit, sometimes exceeding more than 2,000 percent. In total, BLAKSTAD and his associates made more than $6 million in profits from purchasing and selling Illumina securities.
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