Information Notice Against Matthew Devlin

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK- - - - - - - - - - - - - - - - x:UNITED STATES OF AMERICA ::-v.- ::INFORMATIONMATTHEW C. DEVLIN, ::08 Cr. _____Defendant. :::- - - - - - - - - - - - - - - - x

COUNT ONE

(Conspiracy to Commit Securities Fraud)The United States Attorney charges:

Relevant Entities and Individuals

1.At all relevant times, MATTHEW C. DEVLIN, thedefendant, was employed as a sales representative in amultinational investment bank and broker-dealer located in NewYork, New York. DEVLIN was married to an employee (“Devlin’sWife”) who worked for an international communications firm(“Communications Firm”) located in New York, New York, and bothDEVLIN and Devlin’s Wife lived in New York, New York.2.At all relevant times, the Communications Firm wasa private partnership that provided communication services to manycompanies, including public companies and private firms. Amongother things, the Communications Firm provided advice to companiesrelating to mergers with and acquisitions of public companies,representing both bidders and targets in friendly mergers andacquisitions, unsolicited acquisition proposals, tender offers,

2and the repurchase of shares by a public company otherwise knownas a “share buyback.”3.At all relevant times, a coconspirator not named asa defendant herein (“CC-1"), purported to work as a day trader whosold and purchased securities.4.At all relevant times, another coconspirator notnamed as a defendant herein (“CC-2")

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purported to work as a daytrader who sold and purchased securities.5.At all relevant times, a third coconspirator notnamed as a defendant herein (“CC-3"), was employed as a salesrepresentative in the same bank and broker-dealer where MATTHEW C.DEVLIN, the defendant, worked in New York, New York.6.At certain times relevant to this Information, EonLabs, a public company whose stock traded on the NationalAssociation of Securities Dealers Automated Quotations (“NASDAQ”)under the symbol “ELAB,” supplied generic pharmaceuticals in theUnited States.7.At certain times relevant to this Information,Mylan Laboratories Inc. (“Mylan”), a public company whose stocktraded on the New York Stock Exchange (“NYSE”) under the symbol“MYL,” was a pharmaceutical company.8.At certain times relevant to this Information,Abgenix Inc. (“Abgenix”), a public company whose stock traded onthe NASDAQ under the symbol “ABGX,” was a biopharmaceutical

3company focused on the discovery, development, and manufacturingof human therapeutic antibodies.9.At certain times relevant to this Information,Aztar Corporation (“Aztar”), a public company whose stock tradedon the NYSE under the symbol “AZR,” owned casinos and hotels inthe United States.10.At certain times relevant to this Information,Veritas DGC Inc. (“Veritas”), a public company whose stock tradedon the NYSE under the symbol “VTS,” provided geophysical servicesto the petroleum industry.11.At certain times relevant to this Information,Mercantile Bankshares Corporation (“Mercantile Bankshares”), apublic company whose stock traded on the NASDAQ under the symbol“MRBK,” provided banking, investment, and wealth managementservices in the United States.12.At certain times relevant to this Information,Alcan, Inc., (“Alcan”) a public company whose stock traded on theNYSE under the symbol “AL,” provided bauxite, alumina, aluminum,and engineered and packaging materials.13.At certain times relevant to this Information,Ventana Medical Systems, Inc. (“Ventana”), a public company whosestock traded on the NASDAQ under the symbol “VMSI,” developed andmanufactured medical diagnostic systems for use in the diagnosisof cancer and infectious disease.