The Oklahoman

FBI insider trading probe results in criminal charge

- By Nolan Clay Staff writer nclay@oklahoman.com

The FBI has been conducting an insider trading investigat­ion of the former chairman of Marathon Oil Corp., The Oklahoman has learned.

Dennis Reilley, 66, of Oklahoma City, was replaced as chairman Feb. 1. He served almost six years in that position with the Houston-based oil and natural gas exploratio­n and production company.

The investigat­ion has focused on whether insider informatio­n was provided about the impending merger of a global medical supplies company, Covidien PLC, with its rival, Medtronic Inc. Reilley was a director at Covidien.

Medtronic announced in 2014 it was acquiring Covidien for $42.9 billion in cash and stock.

The investigat­ion resulted Monday in the first criminal charge. Federal prosecutor­s in Oklahoma City charged Reilley's close friend and neighbor, John Kenneth “Ken” Davidson, with making a false statement to the FBI.

Davidson is accused in the felony charge of lying to an FBI special agent in October 2018 when he denied ever getting any non-public informatio­n from Reilley. Davidson, 67, plans to plead guilty, his attorney said.

“He has been a successful businessma­n in the oil industry all of his life,” defense attorney John Coyle said Tuesday. “He regrets this mistake, and he intends to do whatever he can to make this right.”

Davidson profited from his inside knowledge of the impending merger, Coyle confirmed.

In the charge against Davidson, prosecutor­s specifical­ly allege Reilley — identified only by initials — provided “non-public informatio­n about public companies Marathon Oil, DowDuPont and Covidien.” Prosecutor­s allege he had the informatio­n “because of his position on those entities' board of directors.”

Reilley stepped down from the board of DowDupont Inc. on Dec. 31.

Reilley could not be

reached Tuesday for comment. An Oklahoma City attorney who is representi­ng him also could not be reached for comment.

The maximum punishment for a federal false statement offense is five years in prison and a $250,000 fine.

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