Gene Daniel Levoff

Litigation Release No. 24399 / February 13, 2019

SEC v. Gene Daniel Levoff, No. 2:19-CV-05536 (D.N.J. filed Feb. 13, 2019)

On February 13, 2019, the Securities and Exchange Commission filed insider trading charges against a former senior attorney at Apple whose duties included executing the company’s insider trading compliance efforts.

The SEC’s complaint alleges that Gene Daniel Levoff, an attorney who previously served as Apple’s global head of corporate law and corporate secretary, received confidential information about Apple’s quarterly earnings announcements in his role on a committee of senior executives who reviewed the company’s draft earnings materials prior to their public dissemination.  Using this confidential information, Levoff traded Apple securities ahead of three quarterly earnings announcements in 2015 and 2016 and made approximately $382,000 in combined profits and losses avoided.  The SEC’s complaint alleges that Levoff was responsible for securities laws compliance at Apple, including compliance with insider trading laws.  As part of his responsibilities, Levoff reviewed and approved the company’s insider trading policy and notified employees of their obligations under the insider trading policy around quarterly earnings announcements.

The SEC’s complaint, filed in federal district court in Newark, New Jersey, charges Levoff with fraud in violation of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and seeks a permanent injunction, disgorgement, prejudgment interest, a civil penalty, and an officer and director bar.

In a parallel action, the U.S. Attorney’s Office for the District of New Jersey today announced criminal charges.

The SEC’s investigation, which is continuing, has been conducted by Pei Chung and Elizabeth Doisy.  The case has been supervised by Deborah A. Tarasevich and Ms. Chion. The litigation will be led by Daniel Maher and Cheryl Crumpton.  The SEC appreciates the assistance of the U.S. Attorney’s Office for the District of New Jersey, the Federal Bureau of Investigation, and the Financial Industry Regulatory Authority.

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