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HineyBuck

Old newb
Wow!! I must have missed the article in the alumni magazine about this.


Businessweek May 30

The case against an Ohio State prof points up the feds' harder line on insider trading

The U.S. District Court for the Southern District of Ohio in Columbus is not the usual venue for major insider trading cases. But since May 17, Ohio State University marketing professor Roger D. Blackwell, who's also a millionaire retail industry consultant and company director, has been on trial there for alleged insider trading, making false statements, and obstruction of justice. He denies all the charges, and his Washington lawyer, Thomas Gorman, says that Blackwell will be proven innocent.

It's not only the location of the case that's out of the ordinary. Normally, the vast majority of alleged insider trading incidents are handled as civil matters by the Securities & Exchange Commission and usually settled out of court. Legal experts say that making the Blackwell case a criminal one underscores the government's increasingly hard line when it suspects obstruction in financial cases.

The roots of the case go back nearly six years. Blackwell, an Ohio State professor since 1965, was a director of Worthington (Ohio)-based Worthington Foods Inc. in 1999 when the maker of vegetarian foods agreed to be acquired by Kellogg Co.. The government alleges that he tipped off family members, friends, and business associates about the pending deal and that collectively they made $880,000 in illegal profits by trading Worthington stock. Four associates, including the office manager of his consulting business and her husband, are on trial with him. Five others -- among them his then-wife, Tina Stephan, who is engaged to Terry J. Lundgren, chief executive of Federated Department Stores Inc., and Blackwell's 37-year-old son and 90-year-old father -- weren't charged but could be called to testify for the prosecution.

Friends and colleagues say the charges don't mesh with the man they know. In nearly 40 years as a respected marketing professor at Ohio State's Fisher College of Business, Blackwell has taught thousands of students and authored 28 books. He was a trusted consultant for many of the nation's largest retailers, including Federated, Wal-Mart Stores, and Gap. He became so wealthy from his books and consulting that four years ago he promised donations of at least $7 million to Fisher to build a hotel for visiting executives called The Blackwell. "Knowing Roger and his history, it's a little difficult to believe" that he may have been involved in insider trading, says Fisher College Dean Joseph Alutto.

STRONGER MESSAGE

The government claims that Blackwell did much more than just tip people off to the pending acquisition. It alleges that he lent $30,000 to his consultancy's office manager, who, with her husband, used the money to buy shares of Worthington's stock. Also, Blackwell and his former wife Stephan allegedly gave $20,000 to one of her unnamed relations who used the money to buy Worthington stock. Prosecutors also charge that the defendants, Stephan, and her relative made false statements to the SEC in an attempt to obstruct the investigation. Stephan, an unindicted alleged co-conspirator, declined to comment, saying: "I'm not at liberty to speak about [the case]."

The alleged misstatements to the agency may be why an SEC civil proceeding that began in 2003 morphed into a criminal case brought by the Justice Dept., says Russell Ryan, a former SEC enforcement lawyer. He says last year's high-profile convictions of investment banker Frank Quattrone and domestic diva Martha Stewart show that the government is taking a harder line on obstruction in SEC investigations. "The SEC and prosecutors have really come to the view that they need to send a stronger message," he says.

While that may be the purpose of the government's case, Blackwell didn't profit much from the deal. An investment partnership, of which he is half-owner, scooped up a modest $27,000 gain, according to court documents. That's a pittance compared with the millions in fines Blackwell could face if he's convicted -- along with a possible prison term and potential ruin to his consulting business and academic career.
 
The jury isn't out but it seems fishy to me that his wife left him and has become engaged to another executive. Does she know that the Blackwell pot may run dry? I read that she has already testified against him and so have other prominent business leaders that have been granted immunity.

It's too bad that the University will have a hotel named after him if he gets convicted. Like we really need more bad publicity at tOSU. :smash:
 
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This is a surprise. It will be interesting to follow this case. I don't think I ever was in any of his classes, but I did get a B.S. in B.A from the Fisher College of Business.
 
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Disagreements slow pace of insider-trading trial
Wednesday, June 01, 2005
Barnet D . Wolf
THE COLUMBUS DISPATCH
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The insider-trading case against Ohio State University professor Roger Blackwell and five others slowed to a crawl yesterday as disagreements over legal issues frequently delayed the proceedings.

The disputes arose as the government began wrapping up its case by introducing some of the testimony that the defendants had given earlier to the Securities and Exchange Commission.

U.S. District Judge James L. Graham decided on a case-by-case basis which of the earlier statements could be introduced and how the six-man, six-woman jury should consider them.

The SEC testimony concludes the government’s case against Blackwell and the others, who have been charged with 48 criminal counts ranging from insider trading to conspiracy to obstruct justice.

After the prosecution rests, probably today, the defense is likely to follow by filing a number of motions, including one to dismiss the charges. The defense already has filed a motion for a mistrial.

The trial began two weeks ago in federal court. The defense is prepared to call a number of witnesses.

The case revolves around Kellogg Co.’s 1999 acquisition of Worthington Foods Inc. The government contends that Blackwell, a Worthington Foods director, tipped his co-defendants to the pending deal.

According to the indictment, those who were tipped off made $890,000 in profits when Worthington Foods’ stock nearly doubled in price after Kellogg announced the purchase.

In addition to Blackwell, 64, the others charged are: Arnold Jack, 66, a friend and attorney; Justin Voss, 64, a childhood friend; Kelley Hughes, 41, office manager of Blackwell’s consulting firm; Hughes’ husband, Kevin Stacy, 47; and Black Jack Enterprises, a partnership between Blackwell and Jack.

The government’s final witness was Michelle DeStefano, an FBI agent, who testified about a series of phone calls between Blackwell and the other defendants during the months before and after the Worthington Foods acquisition.

On Sept. 7, 1999, for instance, DeStefano said phone records indicated Jack made a seven-minute call to Blackwell, immediately followed by Jack calling his stock broker to buy 1,000 Worthington Foods shares.

In this case and others, however, defense attorneys asked DeStefano if she knew what Blackwell and the others discussed during the calls. The agent said she did not.

[email protected]
Here's an update on the trial.

Did anyone else take any classes with this guy? I ended up in one of his marketing classes and didn't find him to be anything spectacular. Obviously some people think he's brilliant, but it seemed to me that he just liked to use buzz-words (like "paradigm" or "Functional shiftability") to impress the class, but was somewhat lacking in substance.
 
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