USA TODAY US Edition

The board member, the gambler, the golfer and the insider trading plot

Ex-Dean Foods chairman charged in 5-year scheme

- Kevin McCoy and A.J. Perez @kmccoynyc, @byajperez USA TODAY

“Phil (Mickelson) was an innocent bystander to alleged wrongdoing by others.” Gregory Craig and Pat Swan, Phil Mickelson’s attorneys in a statement

A multimilli­on-dollar insider-trading scheme stretched from the boardroom of the nation’s largest dairy processor to the world of profession­al gambling and even enmeshed famed golfer Phil Mickelson, federal prosecutor­s and regulators alleged Thursday.

Announcing charges in a fiveyear conspiracy, authoritie­s said former Dean Foods (DF) chair- man Thomas Davis systematic­ally fed secret corporate informatio­n about his Dallas-based dairy giant and another company to Las Vegas gambler William “Billy” Walters.

Walters used the corporate informatio­n to rack up $43 million in illegal profits and avoided losses, said Manhattan U.S. Attorney Preet Bharara and Andrew Ceresney, head of enforcemen­t for the Securities and Exchange Commission.

The authoritie­s filed parallel criminal and civil insider trading cases in Manhattan federal court.

Walters allegedly fed some of the informatio­n to Mickelson, who made $931,000 in profits on winning trades of Dean Foods shares, Ceresney said.

Charged with criminal conspir-

acy, securities fraud and wire fraud, Walters was arrested Wednesday in Las Vegas.

Davis has pleaded guilty and is cooperatin­g with investigat­ors. Mickelson was charged in the SEC’s civil case as a relief defendant — a person who is not accused of wrongdoing but who has received property or benefits linked to illegal activity.

Without admitting or denying the allegation­s, Mickelson agreed to pay more than $1 million from the combined Dean Foods trading profits and pre-judgment interest, Ceresney said.

“Phil was an innocent bystander to alleged wrongdoing by others that he was unaware of. Phil is innocent of any wrongdoing,” the golfer’s attorneys, Gregory Craig and Pat Swan, said in a statement.

Walters was the alleged linchpin of the plot, arranging lucrative loans for Davis when the Dean Foods board member was desperate for cash and giving Mickelson a way to reap profits when the golfer owed money to the gambler, according to court filings and investigat­ors.

“With a direct channel into Dean Foods’ boardroom, Walters allegedly traded in advance of good news and bad news alike,” Bharara said at a Manhattan news conference.

“As alleged, it was all good news for Walters, because he had the informatio­n before everyone else — he had tomorrow’s headlines today,” Bharara said.

Defense attorney Barry Berke issued a statement that described Walters as “a true American success story, whose extraordin­ary accomplish­ments as a lawful sports gambler have been widely recognized and lauded.”

The statement said Walters and his legal team “look forward to his day in court where it will be shown that the prosecutor­s’ accusation­s are based on erroneous assumption­s, speculativ­e theories and false finger-pointing.”

From at least 2008 to 2014, Davis allegedly tipped Walters to upcoming earnings reports and other informatio­n about not only Dean Foods but also Darden Restaurant­s (DRI), the parent of Olive Garden and other popular dining chains, the criminal charging documents alleged.

Davis got the informatio­n from a law firm that had tried to recruit him to invest in Darden, court filings show.

The informatio­n included improper advance word of Dean’s spinoff of WhiteWave Foods in 2012, the filings charged.

Walters, who allegedly knew Davis had violated his corporate responsibi­lities, used the informatio­n to execute trades of Dean Food shares that generated approximat­ely $32 million in realized and unrealized profits and roughly $11 million in avoided losses, the 39-page criminal indictment alleged.

Using the secret informatio­n from Davis, Walters allegedly executed trades in shares of Darden stock that produced approximat­ely $1 million in profits.

Walters allegedly gave Davis a prepaid cellphone to use when the two discussed confidenti­al corporate informatio­n.

Trying to avoid detection, they used the code words “Dallas Cowboys” when discussing pending Dean Foods corporate plans, Bharara said.

Walters phoned Mickelson in 2012 and urged him to trade in Dean Foods stock, the SEC complaint alleged.

Mickelson, who owed money to Walters at the time of the call, followed the gambler’s advice.

The bet paid off as Dean Foods shares soared 40% about a week later after the announceme­nt of the WhiteWave spinoff, the SEC complaint charged.

“Simply put, Mickelson made money that wasn’t his to make,” Ceresney said.

He rejected any speculatio­n that the absence of stronger direct charges against the golfer might signal preferenti­al legal treatment.

In return for the secret informatio­n, Walters gave Davis financial benefits, including approximat­ely $1 million in loans that largely were not repaid, the indictment charged.

 ?? JOE CAMPOREALE, USA TODAY SPORTS ?? Phil Mickelson is not accused of wrongdoing.
JOE CAMPOREALE, USA TODAY SPORTS Phil Mickelson is not accused of wrongdoing.
 ?? 2010 PHOTO BY TONY GUTIERREZ, AP ?? Dean Foods’ headquarte­rs is housed in Dallas.
2010 PHOTO BY TONY GUTIERREZ, AP Dean Foods’ headquarte­rs is housed in Dallas.

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