
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Author: Dan Brecher
Date: May 30, 2016

Counsel
212-286-0747 dbrecher@sh-law.comProfessional golfer Phil Mickelson was recently named in an insider trading case involving sports gambler William Walters. Although Phil is not facing any charges in the Mickelson case, he did agree to pay full disgorgement of his trading profits totaling $931,738.12.

As detailed in the insider-trading complaint filed by the Securities and Exchange Commission (SEC), William “Billy” Walters regularly received inside information from then Dean Foods Company board member Thomas C. Davis. According to the SEC, the two men allegedly used code names and prepaid cell phones in an effort to avoid detection. The SEC further maintains that Walters made $40 million based on the illegal stock tips, while providing Davis with almost $1 million and other benefits to help repay financial debts.
As for Mickelson’s involvement, the SEC alleges that he traded Dean Foods’s securities at Walters’s urging. About one week later, Dean Foods’s stock price jumped 40 percent, and Mickelson used his almost $1 million of trading profits to help repay his own gambling debt to Walters. Notably, Mickelson is named only as a relief defendant, which means that he is not accused of wrongdoing but rather received ill-gotten gains from an insider-trading scheme perpetrated by others.
Due to Mickelson’s involvement, the insider trading charges have made headlines. The golfer’s celebrity status may also be one of the reasons that he was able to avoid prosecution for securities fraud. In the wake of the Second Circuit Court of Appeals’ ruling in U.S. v. Newman, prosecutors have had difficulty making insider trading cases stick.
The Second Circuit vacated the insider trading convictions of Todd Newman, a portfolio manager at Diamondback Capital Management, and Anthony Chiasson, a co-founder of Level Global Investors. The federal appeals court ruled that in order to sustain a conviction for insider trading, the prosecution must prove beyond a reasonable doubt that the tippee knew that an insider disclosed confidential information and that he did so in exchange for a personal benefit.
Given the current legal landscape, the settlement agreement reached between the SEC and Phil Mickelson likely worked out for both sides. Mickelson walks away from the case without facing securities fraud charges, which would have not only tarnished his reputation, but also jeopardized his sponsorships. Meanwhile, the SEC can pursue charges against Walters and Davis, without the potential embarrassment of losing another high-profile insider trading case.
Preet Bharara, the United States attorney in Manhattan, is also pursuing criminal insider-trading charges against Davis and Walter. He also noted the impact of Newman when announcing the charges, which are the most high-profile since the decision was handed down last year.
“Brazen insider trading continues to be a blot in our securities markets, and so the integrity of our markets continues to be a priority for this office,” Bharara stated at the news conference. However, he also noted that “there is conduct that we think is nefarious and undermines faith in the market and undermines the strength of the market that will not be able to be prosecuted because of the Newman decision.”
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!