UPDATED: The Department of Justice’s Antitrust Division and the Federal Trade Commission made the announcement today. Justice is filing a civil suit against Comcast’s Brian Roberts, but with the proposed settlement agreement that includes the fine. Officials went after him because this is the third time Roberts failed to report that he had been granted stock above a government-set threshold that required him to make an official disclosure. The question is: How could a company that employs so many high-priced lawyers be so sloppy?
Still, the Federal Trade Commission — which brought the case to the Justice Department — says that it only sought a modest fine. It notes that ”the violation was inadvertent and technical; that it was apparently due to faulty advice from outside counsel; that Roberts did not gain financially from the violation; and that he reported the violation promptly once it was discovered.” Comcast says that executives “take very seriously our obligations to comply with all aspects of the Hart-Scott-Rodino Act and working with our lawyers we have put in place additional safeguards to ensure that an inadvertent violation does not occur in the future.” Here’s the DOJ release announcing the fine:
WASHINGTON – Comcast Corporation’s CEO Brian L. Roberts will pay a $500,000 civil penalty to settle charges that he violated premerger reporting and waiting requirements when he acquired Comcast voting securities, the Department of Justice announced today.
The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission, filed a civil antitrust lawsuit today in U.S. District Court in Washington, D.C., against Roberts for violating the notification requirements of the Hart-Scott-Rodino (HSR) Act of 1976. At the same time, the department filed a proposed settlement that, if approved by the court, will settle the charges.
Roberts is also chairman of the board of Comcast, a leading provider of cable television services headquartered in Philadelphia.
According to the complaint, Roberts failed to comply with the antitrust premerger notification requirements of the HSR Act before acquiring voting securities of Comcast as part of his compensation as chairman and chief executive officer of Comcast beginning on Oct. 22, 2007, which resulted in his holding more than $119.6 million of Comcast stock. On Aug. 25, 2009, Roberts made a corrective filing for Comcast voting securities he had acquired. Although this is the first time Roberts has been charged with an HSR Act violation, previously he had twice made corrective filings regarding transactions that he acknowledged were reportable under the HSR Act, asserting that the failures to file and observe the waiting period were inadvertent.
The Hart-Scott-Rodino Act of 1976, an amendment to the Clayton Act, imposes notification and waiting period requirements on individuals and companies over a certain size before they consummate acquisitions resulting in holding stock or assets above a certain value, which was $59.8 million in 2007 and is currently $66 million.
Federal courts can assess civil penalties for premerger notification violations under the HSR Act in lawsuits brought by the Department of Justice. For a party in violation of the HSR Act before Feb. 10, 2009, the maximum civil penalty is $11,000 a day for each day it is in violation of the Act. For a party in violation of the HSR Act on or after Feb. 10, 2009, the maximum penalty is $16,000 a day.


So does he have to give the stock back? Cuz it sounds like $500K is a drop in the bucket for what he made…
So if I want to get away with insider trading it’ll only cost me $500K? Good to know.
Doesn’t anybody go to jail any more? If he’d stolen a slice of pizza and it was his third offense he’d get life.
Maybe for “Chicago” Pizza. Pizza Hut or Dominoes? MAYBE house arrest.
Martha Stewart went to jail for stealing too much foie gras.
This guy is a “job creator” he can do whatever he wants – all you sochalists need to back the fuck off.
Do any of you actually read? He didn’t make any money. He was buying stock IN HIS OWN company and it also had nothing to do with the NBC deal.
He wasn’t buying stock in “his own company”. It’s a public company A) and B)the securities were part of his compensation i.e. he made money. Why would he get fined if he didn’t by implication profit from a violation of the law? Does the govt. wrist slap corporate execs who DON’T make money in inappropriate and/or illegal ways? Add to that this was the third time he committed said violation meaning there was a motive for him to do so i.e. he made money. As for him “not making money” off this, typically settlement agreements of this type elide admissions of wrongdoing as a condition of the settlement.
Comcast HR jumps down on employees with the wrath of all hells fury for any integrity violation. They even tell employees to refrain from any activity that can even be perceived as a violation and back it up with swift termination. Little hard to take all the HR rhetoric serious when this “family run” company’s head guy leads by the example of, ‘I am above it all’.
Clearly, this action is in total violation of Comcast’s emphatic commitment to legal business practices. Brian Roberts must be fired.
WE CRY FOUL!!! employees have been forced to sit in HR seminars on integrity over the last month, beaten over the head with “right & wrong is black & white, no gray areas, execs are even held to HIGHER standards, blah blah blah…” after one of the most respected-across-the-board execs was fired for giving one of his long-term, stellar employees a 3 week severance (WITH THE APPROVAL OF HIS BOSSES) — the charge? Defrauding the company that guy’s 3 week salary — a pittance by any industry standard. No personal gain. And even though he had approval, as the boss, he offered to pay back the amount. Nope. 26 year vet fired with NOTHING. if only he’d aimed higher — half a mill vs. the monthly coffee budget.
fairness no longer exists at nbc. it’s all a ruse to pick off employees so they can stack the place full of clueless yes people to greenblatt. dummy job postings that no one on the inside is even considered for. more vp’s than worker bees. ask mktg. about all their new hires. surprised showtime’s got anyone left.
well he made 28 million this year. im sure he can afford a 500,000 fine. plus comcast is always raising their rates on their customers. how else could he make his modest salary of 28 million a year. i speak 1st hand because i am one of those customers who has no other cable company in my bldg 2go2. ah, must b nice 2b a monopoly