The 44-count indictment alleges the defendants used private information about a takeover bid to buy stock in an Orange County-based medical device company. The company's stock was boosted significantly when the takeover bid was announced, according to Thom Mrozek of the U.S. Attorney's Office.
The 60-year-old DeCinces, who lives in Laguna Beach and also played third base for the Baltimore Orioles and St. Louis Cardinals in the 1970s and early 1980s, was named in the indictment along with:
-- David Parker, 60, of Provo, Utah, a friend and business partner of DeCinces;
-- Fred Scott Jackson, 65, of Newport Beach, a real estate attorney and friend of DeCinces; and
-- Roger Wittenbach, 69, of Lutherville-Timonium of Maryland, a friends of DeCinces.
The allegations revolve around Santa Ana-based Advanced Medical Optics Inc., a medical device and eye-care company, which was acquired by Abbott Laboratories in January 2009.
The takeover boosted stock from about $8 a share to $22.
The indictment alleges that a company official, who was a "close personal friend" of DeCinces in the fall and early winter of 2008, learned of Abbott's plans. That allegedly prompted DeCinces to scoop up Advanced Medical Optics' shares.
DeCinces sold his other stocks, sustaining about $80,000 in losses, to buy about $160,000 in shares of the eye-care
After Abbott's tender offer was announced, DeCinces sold his shares for about $1.3 million, the indictment alleges.
DeCinces is also accused of telling Parker, Jackson and Wittenbach about the takeover bid to make up for prior investment recommendations from DeCinces that had soured, according to the indictment.
The indictment alleges Parker earned $347,920 in profits, Jackson received $140,259 and Wittenbach got $201,692.
DeCinces faces 42 counts of securities fraud -- 21 counts of insider training and 21 counts of tender offer fraud -- as well as one count of money laundering.
Parker and Jackson are charged with three counts each of insider training and three counts of tender offer fraud. Parker also faces another count of money laundering.
Wittenbach is charged with two counts of insider training and two counts of tender offer fraud.
The four were scheduled to be arraigned in U.S. District Court in Santa Ana on Dec. 17.
DeCinces was earlier sued by the Securities and Exchange Commission in
regard to the same issue, but he agreed to pay $2.5 million to settle that