ENFORCEMENT PROCEEDINGS - In the Matter of Peter Y. Atkinson, Esq.

Posted on: Fri, 09 Oct 2009 17:42:00 EDT


Symbols: HLR, HLGAF, SUTMQ
Oct 09, 2009 (SECURITIES AND EXCHANGE COMMISSION RELEASE/ContentWorks via COMTEX) --
SUTMQ | Quote | Chart | News | PowerRating -- On October 9, the Commission issued an Order Instituting Public Administrative and Cease-and-Desist and Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission's Rules of Practice, Making Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order against Peter Y. Atkinson (Atkinson).

The Order finds, among other things, that Atkinson was a former Executive Vice President and a Director of Hollinger International, Inc., now known as the Sun-Times Media Group, Inc. (Hollinger International), and the former General Counsel of Hollinger International's then-controlling corporate shareholder, Hollinger Inc. Atkinson received a total of $152,000 in purported non-competition payments in connection with Hollinger International's sales of certain newspapers to Forum Communications Company and PMG Acquisition Corporation and from American Publishing Company, a Hollinger International subsidiary. Atkinson did not present these purported non-competition payments to Hollinger International's Audit Committee or Board of Directors for review or approval and failed to disclose his receipt of these payments in his responses to the questionnaires used by Hollinger International to prepare its proxy statements and annual reports. Hollinger International's and Hollinger Inc.'s disclosures regarding these purported non-competition payments in certain proxy statements and annual reports filed with the Commission were materially false and misleading. Atkinson participated in preparing these proxy statements and annual reports and reviewed and approved the relevant disclosures contained in these filings.

The Order further finds that, in 2007, Atkinson was convicted of three counts of mail fraud in connection with these purported non-competition payments and was sentenced to 24 months imprisonment, ordered to pay a fine of $3,000, and held jointly and severally liable for forfeiture of $6.1 million.

Based on the above, the Order: (1) requires Atkinson to cease and desist from committing or causing violations and any future violations of Sections 10(b), 13(b)(5), and 14(a) of the Exchange Act and Rules 10b-5, 13b2-1, 14a-3 and 14a-9 thereunder and from causing violations and any future violations of Sections 13(a) and 13(b)(2)(A) of the Exchange Act and Rules 12b-20, 13a-1, 13a-13, and 13a-16 thereunder; (2) prohibits him from acting as an officer or director of a public company; and (3) denies him the privilege of appearing or practicing before the Commission as an attorney. Atkinson consented to the issuance of the Order without admitting or denying any of the findings in the Order. (Rel. 34-60806; AAE Rel. 3057; File No. 3-13645)

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