Ex-Simpson Thacher Clerk Gets 37 Months in Insider Trading Resentencing
Steven Metro was charged with stealing stock tips from Simpson Thacher and scribbling them on small pieces of paper that his accomplice chewed up to destroy the evidence.
May 09, 2018 at 06:06 PM
4 minute read
Steven Metro, a former managing clerk at Simpson Thacher & Bartlett, was sentenced Wednesday to 37 months in prison for his role in an insider trading scheme based on information he stole from the firm.
The decision came three months after an appeals court vacated a stiffer prison term.
U.S. District Judge Michael A. Shipp of the District of New Jersey had originally ordered Metro, 44, to spend 46 months in prison, but the U.S. Court of Appeals for the Third Circuit in February said that sentence improperly punished him for the actions of his co-conspirators.
Metro reappeared in front of Shipp on Wednesday, receiving the shorter prison term along with three years of supervised release, according to U.S. Attorney Craig Carpenito.
Authorities had initially said that the scheme netted Metro and two others a total of $5.6 million, but on Wednesday they said that Metro's new sentence was based on $2 million in illicit gains directly attributable to him.
Metro was charged in March 2014 and pleaded guilty in November 2015 to giving out stock tips about pending M&A deals to a friend, often by scribbling information on a napkin.
Authorities said that from 2009 to 2014, Metro accessed information from Simpson Thacher's computers to identify clients that were about to participate in a merger or acquisition, sometimes searching using terms such as “merger agreement.”
He then gave that information to his friend Frank Tamayo, who relayed it to his stockbroker, Vladimir Eydelman, generally at meetings in New York's Grand Central Station. Tamayo would hand Eydelman a napkin or Post-it marked with the stock symbol, when to buy and what price to pay. Eydelman would then commit the information to memory and Tamayo would chew up and swallow the note to destroy the evidence, federal prosecutors said.
Metro claimed that he was not aware that Eydelman was involved until one year after he relayed his last tip to Tamayo, who in mid-2015 cut a deal with the U.S. Securities and Exchange Commission.
This purported ignorance was at the heart of the appeal that he lodged with the Third Circuit. Metro argued that he was wrongly sentenced based on the entire $5.6 million in profits generated by the scheme, saying that he should not be held responsible for improper trades of which he was not aware.
The panel agreed, concluding that federal prosecutors failed to demonstrate that Metro acted in concert with or provided inside information to Eydelman.
The appeals court added that the case differed from the 2013 United States v. Kluger insider trading case, which involved Matthew Kluger, a former associate at Cravath, Swaine & Moore; Fried, Frank, Harris, Shriver & Jacobson; Skadden, Arps, Slate, Meagher & Flom; and Wilson Sonsini Goodrich & Rosati. In that case, Kluger admitted that he was providing inside information to a middleman with the intent that it would ultimately go to a stockbroker.
According to court documents, Metro himself earned approximately $168,000 from the scheme, based on Tamayo reinvesting a $7,000 profit from the initial illicit trade into future ones.
In March, Metro also received a $25,000 civil penalty in an enforcement proceeding brought by the SEC over the scheme.
“We are very pleased with Mr. Metro's sentence, which was agreed upon between us and the government,” attorney Lawrence Lustberg of Gibbons P.C. said in a statement.
Lustberg added that he expected Metro to be released to a halfway house later this month, having successfully graduated from the Bureau of Prisons' Residential Drug Abuse Program.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllA Look Back at High-Profile Hires in Big Law From Federal Government
4 minute readArnold & Porter Matches Market Year-End Bonus, Requires Billable Threshold for Special Bonuses
3 minute read'Further Investment in Power' Will Drive Big Law Business—But What About Clean Energy Projects?
6 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250