Thursday, July 20, 2023

It Is Unclear Whether He Still Works As A VP Of Quality At Amgen, But Is That An "Officer" Level Title, There?


I ask, mostly because his settled charges at the SEC forbid him from being an officer of a '34 Act reporting public company, for the next three years.

And obviously, Amgen is a '34 Act public company. In any event, here is the latest -- from the fine reporting at Fierce:

. . .Nirdosh Jagota, 61, who was a vice president of global regulatory affairs at Merck when the Pandion buyout was announced, has agreed to a deal with the SEC. Jagota will return the $39,660 he made from the two stock purchases he made on Feb. 9 and Feb. 17, ahead of the Feb. 25 merger.

Jagota, who left Merck in August of 2021 and has since held positions at three other biopharma companies, also will pay a civil penalty of $39,660 and prejudgment interest of $3,605. He also has agreed to not serve as an officer or director of a public company for three years. Jagota has been Amgen’s VP of quality for the last 13 months. . . .


I would imagine that the role at Amgen -- though called VP of Quality -- is not an actual Section 16 officer slot, at least not as appointed by the full Amgen board of elected directors.

But we will know, soon enough. [Interestingly, the SEC settlement is not limited to being a Section 16 "executive" officer (see page 4, at IV.B) -- it says any officer position. Hmm. . . .]

I posted this here, to be clear, in part to ask why it is that the minnows get three year bans, but the whales -- like Musk -- remain as D&O of public companies, even after very solid evidence of insider trading in several Howey-type securities. That is a vexing difficulty of limited enforcement budgets, but he should see the same rigor applied, given his outsized impact on the Doge coin markets, for example.

Onward, smiling on a sunny Thursday. . . . probable indie documentary shoot coming up next week, on Wednesday here. Heh.

नमस्ते

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