Scott Ginsburg was chief executive officer (CEO) of Evergreen Media Corp., which owned and operated radio stations.

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Scott Ginsburg was chief executive officer (CEO) of Evergreen Media Corp., which owned and operated radio stations. In 1996, Evergreen became interested in acquiring EZ Communications, Inc., which also owned radio stations. To initiate negotiations, Ginsburg met with EZ’s CEO, Alan Box, on Friday, July 12. Two days later, Scott phoned his brother Mark, who, on Monday, bought 3,800 shares of EZ stock. Mark discussed the deal with their father Jordan, who bought 20,000 EZ shares on Thursday. On July 25, the day before the EZ bid was due, Scott phoned his parents’ home, and Mark bought another 3,200 EZ shares. The same routine was followed over the next few days, with Scott periodically phoning Mark or Jordan, both of whom continued to buy EZ shares. Evergreen’s bid was refused, but on August 5, EZ announced its merger with another company. The price of EZ stock rose 30 percent, increasing the value of Mark’s and Jordan’s shares by $664,024 and $412,875, respectively. The Securities and Exchange Commission (SEC) filed a civil suit in a federal district court against Scott. What was the most likely allegation? What is required to impose sanctions for this offense? Should the court hold Scott liable? Why or why not?

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Business Law Text and Cases

ISBN: 978-0324655223

11th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F

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