SEC v. Ken Peterman, No. LR-26197, Eastern District of New York (Mar. 4, 2024) — Press Release
raw: Ken Peterman
Ken Peterman, No. 2:24-cv-08475 (E.D.N.Y. Mar. 4, 2024)
Former Comtech CEO Ken Peterman faces SEC charges for insider trading to avoid losses ahead of a negative earnings announcement, alongside parallel criminal charges.
Ken Peterman, the former CEO of Comtech Telecommunications Corp., is charged with violating Section 10(b) of the Securities Exchange Act and Rule 10b-5. He allegedly avoided $12,445 in losses by selling stock during a blackout period and missed an additional $110,000 in avoided losses due to a failed joint-account sale. The SEC seeks permanent injunctive relief, disgorgement, civil penalties, and an officer-and-director bar.
The SEC has charged Ken Peterman, the former CEO of Comtech Telecommunications Corp., with insider trading for selling company stock based on material non-public information regarding negative quarterly earnings. After receiving a confidential presentation on March 4, 2024, Peterman allegedly sold stock immediately following his termination to avoid approximately $12,445 in losses. He also attempted to sell additional shares through a joint account, which would have avoided another $110,000 in losses, but the sale failed due to a trading blackout. The SEC is seeking permanent injunctive relief, disgorgement, civil penalties, and a bar from serving as a public company officer or director. In addition to the civil litigation, Peterman faces parallel criminal charges from the U.S. Attorney’s Office for the Eastern District of New York. This enforcement action follows a significant drop in Comtech's stock price of more than 25 percent following the earnings report.
Exhibits & Attached Documents (1)
Extracted insights
- $110K $110,000 $100K–$1M
- $12K $12,445 $10K–$100K
- organization Comtech
- person ken peterman
- agency Securities and Exchange Commission
- organization Securities and Exchange Commission
- agency U.S. Attorney’s Office
- organization U.S. Attorney’s Office
- Securities And Exchange Commission announced insider trading charges against Ken Peterman
- Ken Peterman received confidential presentation detailing Comtech’s forthcoming negative quarterly earnings results
- Ken Peterman was terminated for cause
- Ken Peterman placed order to sell Comtech stock
- Comtech reported negative quarterly earnings
- Ken Peterman avoided losses of about $12,445
- Ken Peterman directed financial advisor to sell additional Comtech stock
- Securities And Exchange Commission seeks permanent injunctive relief, disgorgement with prejudgment interest, civil penalties, and a bar preventing Peterman from serving as an officer or director of a public company
- U.S. Attorney’s Office announced criminal charges against Peterman
- Securities And Exchange Commission appreciates assistance of the FBI and U.S. Attorney’s Office for the Eastern District of New York
- Ken Peterman allegedly violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 26197 / Dec. 18, 2024 Securities and Exchange Commission v. Ken Peterman, No. 2:24-cv-08475 (E.D.N.Y. filed Dec. 11, 2024) SEC Charges Ken Peterman, Former Comtech CEO, with Insider Trading in Advance of Negative Earnings Announcement The Securities and Exchange Commission today announced insider trading charges against Ken Peterman, the former CEO, president, and Chair of the Board of Comtech Telecommunications Corp., in connection with his sale of Comtech shares on the basis of material non-public information about Comtech’s forthcoming negative quarterly earnings results. According to the SEC’s complaint, Peterman allegedly received a confidential presentation detailing Comtech’s forthcoming negative quarterly earnings results on March 4, 2024. He was allegedly informed that he was being terminated for cause eight days later, on March 12, 2024. The SEC’s complaint alleges that a few hours after he was terminated, and while subject to two different trading blackouts, Peterman placed an order to sell Comtech stock. On March 18, 2024, Comtech reported its negative quarterly earnings, which caused its stock price to drop more than 25 percent. The complaint alleges that Peterman avoided losses of about $12,445 by trading in advance of Comtech’s negative earnings announcement. Peterman allegedly directed his financial advisor to sell additional Comtech stock he held in a joint account, but the financial advisor was unable to complete the sale because of a trading blackout. Had the sale been completed, Peterman allegedly would have avoided additional losses of about $110,000. The complaint, filed in the U.S. District Court for the Eastern District of New York, charges Peterman with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and seeks permanent injunctive relief, disgorgement with prejudgment interest, civil penalties, and a bar preventing Peterman from serving as an officer or director of a public company. In a parallel action, the U.S. Attorney’s Office for the Eastern District of New York today announced criminal charges against Peterman. The SEC’s investigation was conducted by Mary Kay Dunning, Jordan Baker, and Liora Sukhatme, and it was supervised by Tejal D. Shah, all of the New York Regional Office, with assistance from Leigh Barrett of the Office of Investigative and Market Analytics, and Heidi Verheggen and Kathryn Paige of the Division of Risk and Economic Analysis. The litigation will be managed by Travis Hill and Ms. Dunning and supervised by Preethi Krishnamurthy, all of the New York Regional Office. The SEC appreciates the assistance of the FBI and U.S. Attorney’s Office for the Eastern District of New York.
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 26197 / Dec. 18, 2024 Securities and Exchange Commission v. Ken Peterman, No. 2:24-cv-08475 (E.D.N.Y. filed Dec. 11, 2024) SEC Charges Ken Peterman, Former Comtech CEO, with Insider Trading in Advance of Negative Earnings Announcement The Securities and Exchange Commission today announced insider trading charges against Ken Peterman, the former CEO, president, and Chair of the Board of Comtech Telecommunications Corp., in connection with his sale of Comtech shares on the basis of material non-public information about Comtech’s forthcoming negative quarterly earnings results. According to the SEC’s complaint, Peterman allegedly received a confidential presentation detailing Comtech’s forthcoming negative quarterly earnings results on March 4, 2024. He was allegedly informed that he was being terminated for cause eight days later, on March 12, 2024. The SEC’s complaint alleges that a few hours after he was terminated, and while subject to two different trading blackouts, Peterman placed an order to sell Comtech stock. On March 18, 2024, Comtech reported its negative quarterly earnings, which caused its stock price to drop more than 25 percent. The complaint alleges that Peterman avoided losses of about $12,445 by trading in advance of Comtech’s negative earnings announcement. Peterman allegedly directed his financial advisor to sell additional Comtech stock he held in a joint account, but the financial advisor was unable to complete the sale because of a trading blackout. Had the sale been completed, Peterman allegedly would have avoided additional losses of about $110,000. The complaint, filed in the U.S. District Court for the Eastern District of New York, charges Peterman with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and seeks permanent injunctive relief, disgorgement with prejudgment interest, civil penalties, and a bar preventing Peterman from serving as an officer or director of a public company. In a parallel action, the U.S. Attorney’s Office for the Eastern District of New York today announced criminal charges against Peterman. The SEC’s investigation was conducted by Mary Kay Dunning, Jordan Baker, and Liora Sukhatme, and it was supervised by Tejal D. Shah, all of the New York Regional Office, with assistance from Leigh Barrett of the Office of Investigative and Market Analytics, and Heidi Verheggen and Kathryn Paige of the Division of Risk and Economic Analysis. The litigation will be managed by Travis Hill and Ms. Dunning and supervised by Preethi Krishnamurthy, all of the New York Regional Office. The SEC appreciates the assistance of the FBI and U.S. Attorney’s Office for the Eastern District of New York.