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12345678910111213141516171819202122232425262728DANIEL M. HAWKEEmail: HawkeD@sec.govELAINE C. GREENBERGEmail: GreenbergE@sec.govCOLLEEN K. LYNCHEmail: LynchCK@sec.govG. JEFFREY BOUJOUKOSEmail:BoujoukosJ@sec.govMICHAEL J. RINALDIEmail:RinaldiM@sec.gov
 
SCOTT A. THOMPSONEmail: ThompsonS@sec.govSECURITIES AND EXCHANGECOMMISSION701 Market Street, Suite 2000Philadelphia, Pennsylvania 19106Telephone: (215) 597-3100Facsimile: (215) 597-2740
 
LOCAL COUNSEL:John B. Bulgozdy, Cal. Bar No. 219897Email:BulgozdyJ@sec.govSECURITIES AND EXCHANGECOMMISSION5670 Wilshire Boulevard, 11th FloorLos Angeles, California 90036Telephone: (323) 965-3998Facsimile: (323) 965-3908Attorneys for Plaintiff Securities and Exchange Commission
UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIASOUTHERN DIVISION
SECURITIES AND EXCHANGECOMMISSION,Plaintiff,v.JAMES V. MAZZO, DAVID L.PARKER, and EDDIE C. MURRAY,Defendants.Case No.
COMPLAINT FOR VIOLATIONSOF THE FEDERAL SECURITIESLAWS
 
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12345678910111213141516171819202122232425262728Plaintiff Securities and Exchange Commission (the “Commission”) alleges asfollows:
SUMMARY OF THE ACTION
 1.
 
This case involves unlawful insider trading by James V. Mazzo(“Mazzo”), David L. Parker (“Parker”), Eddie C. Murray (“Murray”), and others inadvance of the January 12, 2009 public announcement that Abbott Laboratories, Inc.(“Abbott”) agreed to acquire the outstanding shares of Advanced Medical Optics,Inc. (hereinafter referred to by its former New York Stock Exchange ticker symbol,“EYE”) through a tender offer (the “EYE/Abbott Transaction”). Throughout thiscomplaint, Mazzo, Parker, and Murray will be referred to collectively as the“Defendants.” The Court has jurisdiction over this action pursuant to Sections 21Aand 27 of the Securities Exchange Act of 1934 (“Exchange Act”) [15 U.S.C.§§ 78u-1 and 78aa].2.
 
Mazzo, who at the time was the Chairman and Chief Executive Officerof EYE, tipped material, nonpublic information about the EYE/Abbott Transactionto his friend and neighbor, Douglas V. DeCinces (“DeCinces”), before the publicannouncement of the EYE/Abbott Transaction. Mazzo had access to material,nonpublic information regarding the impending EYE/Abbott Transaction because hewas directly involved with the transaction, and Mazzo knew that the informationshould be kept confidential.3.
 
In the weeks preceding the public announcement, Mazzo tippedDeCinces the material, nonpublic information regarding the impending EYE/AbbottTransaction in breach of a duty Mazzo owed to EYE’s shareholders. DeCinces usedthe material, nonpublic information in breach of a duty. DeCinces bought 90,700shares of EYE in several brokerage accounts he controlled on the basis of thematerial, nonpublic information regarding the impending EYE/Abbott Transactionthat he received from Mazzo.
 
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On January 12, 2009, EYE publicly announced that it had entered intoan agreement for Abbott to acquire EYE for $22 per share through a tender offer.On the day of the public announcement, EYE’s stock price closed at $21.50 pershare, which was an increase of $12.65 per share, approximately 143% over the priortrading day’s closing price.5.
 
Following the public announcement, DeCinces sold the 90,700 EYEshares for a profit of approximately $1,386,306.6.
 
In addition, DeCinces tipped material, nonpublic information that hereceived from Mazzo regarding the impending EYE/Abbott Transaction to at leastfive individuals: Parker, Murray, Joseph J. Donohue (“Donohue”), Fred ScottJackson (“Jackson”), and Roger A. Wittenbach (“Wittenbach”). After receiving thematerial, nonpublic information from DeCinces, Parker, Murray, Donohue, Jackson,and Wittenbach each traded EYE stock on the basis of the material, nonpublicinformation that he received from DeCinces.7.
 
Specifically, Parker bought 25,000 shares of EYE stock on the basis of DeCinces’ tip before the public announcement. Parker sold all of his EYE stock following the public announcement of the EYE/Abbott Transaction and profited byapproximately $347,920.8.
 
Murray bought 17,000 shares of EYE stock on the basis of DeCinces’tip before the public announcement. Murray sold all of his EYE stock following thepublic announcement of the EYE/Abbott Transaction and profited by approximately$235,314.9.
 
Donohue bought 5,000 shares of EYE stock on the basis of DeCinces’tip before the public announcement. Donohue sold all of his EYE stock followingthe public announcement of the EYE/Abbott Transaction and profited byapproximately $75,570.10.
 
Jackson bought 11,000 shares of EYE stock on the basis of DeCinces’tip before the public announcement. Jackson sold all of his EYE stock following the
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