PITTSBURGH, Pa. – A resident of Gibsonia, Pennsylvania, pleaded guilty in federal court to charges of securities fraud, United States Attorney Eric G. Olshan announced today.
Frank T. Poerio, Jr., 62, pleaded guilty to four counts before United States District Judge Marilyn J. Horan.
In connection with the guilty plea, the Court was advised that Poerio used sensitive, material non public information (MNPI) obtained from a Dick’s Sporting Goods (Dick’s) employee to engage in 160 trades of the company’s securities on the New York Stock Exchange. These transactions included the purchase of individual shares and call option contracts and occurred between August 2019 and May 2021, when the insider worked in a data analytics role at the company’s corporate offices in Moon Township, Pennsylvania. The trades netted approximately $823,000 in profits for Poerio, who often spoke with the employee about finances and investing. Several of the trading incidents occurred in the days immediately preceding Dick’s release of periodic earnings statements—so called “blackout” periods, when Dick’s employees were prohibited from trading in the company’s securities.
“Frank Poerio admitted to gaming the system by using material non-public information from a company employee to conduct well more than a hundred trades over the course of several years that resulted in nearly a million dollars in profit,” said U.S. Attorney Olshan. “Our office is dedicated to working with our law enforcement partners and fellow agencies to protect the integrity of our public trading systems and ensure that anyone who cheats those systems to score easy profits is held accountable under the law.”
“Insider trading erodes the foundation of our economy and undermines public trust in our institutions. This is not simply a casual, petty crime,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “The FBI will persistently pursue those who believe they can abuse their position to unfairly reap financial gains at the expense of others. The FBI and our partners remain vigilant in fighting for fairness and integrity in our financial system.”
Judge Horan scheduled sentencing for October 31, 2024. At each count, the defendant faces a maximum sentence of up to 20 years in prison, a $5 million fine, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant, among other factors.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Poerio.