news

Press release:

As part of the last concert, Dave Lumberg, owner of Tim Hortons, of Batavia, received the annual Pam Frisby Friend of the Band Award.  Pam was a longtime board member and president for the Batavia Concert Band, and the Band honors her memory every year with a Friend of the Band Award. 

Tim Hortons was recognized for their generous donation each season of baked goods for the concession stand, of which the proceeds are used to fund a scholarship program for college students who play in the Batavia Concert Band. 

Pictured is Dave Lumberg, a Tim Hortons Batavia franchise owner, Anne Arent, BCB Board member, and Jason Smith, BCB general manager.

Tim Hortons received a certificate for display in their restaurant, and their name will be engraved on a special plaque displayed at every concert. Tim Hortons also donated the prize award back to the Batavia Concert Band.

The Band also thanks GO ART!, WBTA, the City of Batavia, and Genesee Community College for their support of our entire season, as well as the following concert sponsors: The Zehler Family, Rotary Club of Batavia, HE Turner & Company Funeral Home, Batavia Lions Club, Bailey Electric, GCASA, The Insurance Center, UMMC, friends of Neil Hartwick, the Pacino family, Michael Kubinec D.D.S., and Brighton Securities.  

Thank you to all our audience members who faithfully attended each week, and plans are already underway for the 2019 season!

Thirty years ago, Kathy Ferrara walked into Pontillo's thinking she was just taking a job to help her get through college at GCC.

She never left.

Today she is the owner of the successor to Pontillo's, Batavia's Original.

On Wednesday, she celebrated that 30th anniversary with friends, customers and employees.

"I loved it from day one," Ferrara said. "I look back and I wouldn’t have changed any of it. It was a great environment. I made lots of friends through customers, employees, hundreds of friendships."

Now, she says, she's just doing what she was taught by the Pontillos to do -- take care of employees and serve the community.

"I have pride and it’s humbling, both at the same time — to carry on the tradition of hiring students, college students and high school students, and watching them come through and seeing them make friendships here, just like I had when I was starting out."

 NOTE: In our previous coverage of the allegations of insider trading against Rep. Chris Collins, we cited a government document as a "criminal complaint." This was an oversight on our part and we subsequently corrected those stories to indicate we were referencing a civil complaint filed by the Securities and Exchange Commission. This story is based on the indictment against Collins and his co-defendants. To read the indictment yourself, click here.

Two of the alleged conspirators -- Lauren Zarsky and Dorothy Zarsky -- have reportedly admitted to the SEC that they engaged in insider trading and have agreed to return their "ill-gotten gains."

The SEC settlement is a civil matter. Neither of the women has been charged, at least so far, with a criminal offense.

The three men at the top of the alleged tip tree, however, could go to prison, if convicted, for up to 20 years.

They are, Rep. Chris Collins, his 25-year-old son Cameron Collins, engaged to Lauren, and Lauren's father, the 66-year-old Stephen Zarsky. They are charged with conspiracy, securities fraud, wire fraud, and making false statements to FBI agents.

According to the criminal indictment, the narrative of how Chris Collins came to be accused of insider trading begins with an email he received at 6:55 p.m., June 22, 2017. Collins was at the annual Congressional Picnic on the lawn of the White House when he reportedly read a message from Innate's CEO, who is Simon Wilkinson, according to the company's website.

"I have bad news to report," Wilkinson wrote. "The top line analysis of the 'intent to treat' patient population (i.e., every subject who was successfully enrolled in the study) would pretty clearly indicate 'clinical failure.' "

He continued, "Top-line 12-month data ... show no clinically meaningful or statistically significant differences in [outcomes] between MIS416 and placebo."

The email concluded, "No doubt we will want to consider this extremely bad news."

Collins responded at 7:10 p.m., according to prosecutors, "Wow. Makes no sense. How are these results even possible???"

He is then suspected of immediately attempting to contact his son. He called Cameron twice. Cameron called back three times. Chris Collins called him back. On their seventh attempt to connect, at 7:16:19 p.m., father and son finally spoke with each other. 

Video has surfaced that shows Collins pacing on the White House lawn at 7:17 p.m. talking on his mobile phone.

Chris and Cameron spoke for six minutes and eight seconds.

The indictment alleges the congressman revealed that the MIS416 trial failed, disclosing nonpublic information, knowing it was a breach of his duties and anticipating his son would trade on the information and tip others.

When Cameron Collins allegedly learned of the clinical trial failure, the over-the-counter market in the United States was closed.

At 7:42 a.m. the next morning, Cameron Collins placed an online order to sell 16,508 shares of Innate. The order was executed at 9:30 a.m. when the OTC market opened.

As the day worn on, Cameron allegedly placed 17 more orders to sell. He's accused of placing 36 more on Monday. 

During this flurry of trading, Chris Collins and Cameron Collins spoke on the phone several times, prosecutors allege. During one five-minute conversation, while still on the phone, Cameron Collins allegedly placed an order to sell 50,000 shares.

In all, he sold 1,930,500 shares during this trading binge. In all, he sold 5.2 million shares, according to federal documents. As a result, he allegedly avoided a loss of $570,900.

In the days before the CEO learned of the clinical trial failure, the future of Innate looked much brighter after the FDA cleared Innate to open what's called an Investigational New Drug application. That clearance moved Innate one step closer to a public release of its new multiple sclerosis drug. 

The company announced the good news June 21.

A few days earlier, on June 19, Lauren Zarsky used her online brokage account for the first time ever to buy Innate stock, grabbing 40,464 shares over a two-day period. 

According to the indictment, Lauren Zarasky didn't even own Innate stock for a full week. At 9:37 a.m., June 22, after reportedly meeting with Cameron Collins at her father's house, Lauren sold her entire Innate portfolio.

Lauren Zarsky avoided losses of $19,440 with the timely sale of her stock.

Lauren Zarsky has not been charged criminally. A spokesman for the Southern District in New York of the U.S. Attorney's Office said he was not permitted to discuss whether or not Lauren Zarsky has cooperated with investigators. 

Before Cameron Collins started his alleged stock dump, he went to the home of Stephen Zarsky, the indictment alleges and met with Stephen Zarsky, Lauren Zarsky, and Dorothy Zarsky.

According to prosecutors, Cameron disclosed information about the failed trial and informed the family that he would sell his shares but give the Zarskys a chance to unload their shares first out of concern that his share dump could potentially depress the share price. The indictment doesn’t reveal how investigators learned the substance of the conversation.

That night, at 9:34 p.m., before trading of Innate shares were halted in Australia, Dorothy Zarsky called her brokerage. A telephone rep walked her through the process of executing an online trade in Australia. That night, she sold 30,350 of her 50,000 shares on the ASX market. The next morning, she sold her remaining shares in the U.S. over-the-counter market. She avoided $22,600 in losses.

At 7:52 a.m., June 23, Stephen Zarsky allegedly contacted his broker and placed an order to sell his 303,005 shares at no less than 41 cents a share. That was well below the previous day’s closing price of 52 cents per share. His shares sold at 9:30 a.m. for 51 cents a share. Stephen Zarsky allegedly avoided $143,900 in losses.

Cameron Collins allegedly contacted another trader the morning of June 23 who immediately sold his holdings to avoid a loss of $680.

That same morning, Stephen Zarsky allegedly contacted three other people, including his brother, who held Innate stock.

Without disclosing how investigators know the contents of Stephen Zarksy's call to his brother, the indictment says that Zarsky advised his brother to sell his stocks. Investigators say Zarsky's brother concluded, without being told, that Zarsky had insider information from the Collins family, and sold his shares, avoiding a loss of $4,200.

The indictment also recounts a text message conversation Zarsky had with his brother (image at the top of this story), discussing two other traders who were allegedly advised to sell but didn’t.

Another Zarsky contact allegedly sold his shares and avoided losses of $6,700. 

During one conversation with an Innate stock owner, Stephen Zarsky reportedly told the person that Cameron Collins intended to purchase a house so he would have an excuse for the timing of his Innate trades if they ever came to light. That person Zarsky spoke with allegedly avoided $6,700 in loses.

Chris Collins is accused in Count Eleven of the indictment of lying to an FBI agent on April 25. He is accused of telling the agent that he did not pass along to Cameron Collins the confidential information before its public release that the drug trial had failed.

Cameron Collins was also interviewed by an FBI agent on April 25. He is accused of lying about his conversation with his father and lying about his knowledge of Stephen Zarsky’s Innate holdings.

Stephen Zarsky is accused of lying to a special agent of the FBI on April 25 by stating that he sold his Innate stocks solely because of his concern that Innate was too risky of an investment; that the investment had been recommended by a friend in Connecticut; that he didn’t know whether Cameron Collins had sold any shares, and that he did not know the drug trial results or discuss them with Cameron Collins prior to the public announcement.

Alabama fire is responding to a rollover accident with unknown injuries at 1748 Lewiston Road.

Press release:

The Genesee County Youth Bureau is seeking applicants for the Genesee Youth Lead Program. Applicants should be a Genesee County high school student entering their freshman through senior year.

The program is focused on developing leadership skills within an individual through each specific session and through hands-on experience.  Each session will have a different focus on our community and leadership.

The Youth Lead Program will take place at GVEP BOCES beginning Oct. 10, from 9 a.m. to 2:30 p.m. and will be held once a month on the second Wednesday of each month.

The program dates are Oct. 10, Nov. 14, Dec. 12, Jan. 9, Feb. 13, March 13, April 10, and May 8.

Youths who complete the program are encouraged to use the skills and information gained through their experience to support the communities in which they live.

The selection process will be done through an application and interview process by the staff. The class size is limited.

The program will cost $75 for each student. If there is an economic hardship please contact the Genesee County Youth Bureau.

Applications for the program can be found here. 

Please contact the Genesee County Youth Bureau with questions at (585) 344-3960 or at youthbureau@co.genesee.ny.us.

Paul David Hussey, 63, of Highway 13, South Hurricane Mills, Tenn., is charged with four counts of attempted assault with a dangerous instrument, 1st, four counts of reckless endangerment, criminal possession of a controlled substance, and driving while ability impaired by drugs. Hussey is accused of attempting to run over patrons of the Northgate Free Methodist Church, 8160 Bank Street Road, Batavia, at 6:59 p.m. Wednesday. He was allegedly found in possession of methamphetamine. He was jailed on $25,000 bail, $50,000 bond.

Joseph T. Sieg, 23, of French Road, Depew, is charged with menacing, 2nd, DWI, aggravated unlicensed operation, leaving the scene of a property damage accident, and driving without inspection. Sieg allegedly threatened four people by displaying a knife during a disturbance on Telephone Road, Pavilion, at 9:28 p.m. Wednesday.

CANCELLED: The Genesee County Women's Republican Club will hold its Lucky Numbers Fundraiser on Thursday, Aug. 16, at T.F. Brown's restaurant in Downtown Batavia. It is located at 412 E. Main St.

The public is invited to this basket raffle fundraiser, which begins at 5:30 p.m.

Cost is $30 per person. There will be hors d'oeuvres. Please RSVP by Aug. 10.

Corporate sponsorships are available for $500. This includes 10 tickets, a speaker, event signage, and press materials.

Please consider donating a basket; donations accepted in advance.

To donate a basket or to inquire about a corporate sponsorship, contact:

• Trisha Werth:  twerth74@hotmail.com  or  (716) 560-0843
• Melissa Haacke:  mhaacke5@gmail.com  or   314-4501
• Michele Smith:  msmith1548@frontiernet.net  or   329-7967

A highway department employee driving a county vehicle allegedly ran a stop sign on Macomber Road, Alabama, where it crosses Judge Road, at 11:31 a.m. Tuesday, causing a collision with a semi-truck.

Andrew Craig Smith, 41, of Batavia, was cited for alleged his alleged failure to stop.

Smith reportedly told Deputy Kevin McCarthy, who prepared the accident report, that he was looking at a map while traveling southbound in a 2012 Ford pickup and so failed to stop at the intersection.

Timothy A. Felschow, 59, of Watertown, was eastbound driving a 2006 Mack Truck with a trailer hitched on the back.

Felschow was transported to ECMC for evaluation by Mercy EMS with a complaint of chest pain.

Smith was transported by Mercy EMS to Strong with facial cuts.

With barely a mention of the insider-trader charges he is facing, Rep. Chris Collins held what was billed as a press conference at the Embassy Suites in Buffalo on Wednesday evening and vowed to fight vigorously to clear his name.

He called the charges -- detailed at length earlier Wednesday in a 22-page Securities and Exchange Commission civil complaint -- "meritless" but offered no details on why he believes he has been unfairly charged.

With his wife, Mary Sue, standing placidly by his side, Collins held forth for nearly seven minutes on: his successes in business; his record as Erie County executive; his belief in the company at the heart of the insider trading allegations -- Innate Immunotherapeutics Ltd.; and his hope of finding a treatment for secondary progressive multiple sclerosis.

"I believe I acted properly and within the law at all times with regard to my affiliation with Innate throughout my tenure in Congress," Collins said. "I have followed all rules and all ethical guidelines when it comes to my personal investments including those with Innate. 

"I look forward," he added later, "to being fully vindicated and exonerated, ending any and all questions relating to my affiliation with Innate." 

After vowing that his name will be on the ballot for the NY-27 election in November, Collins walked off stage and refused to acknowledge reporters' questions.

The man prosecuting Collins, Geoffrey Berman, U.S. Attorney for the Southern District of New York, a Trump appointee, was far more detailed in a press conference in New York City earlier in the day. Berman and other federal law enforcement officials talked for nearly 30 minutes about the scheme they allege Collins enabled by his failure to keep confidential information he was legally and ethically bound to not share with anyone, not even his son.

According to Berman, however, as soon as Collins received the devastating news that a clinical trial for a promising MS drug developed by Innate had failed, Collins -- while attending a Friday afternoon Congressional picnic at the White House -- repeatedly attempted to call his son, Cameron Collins, a major shareholder of Innate stock. When he finally reached him -- while Collins was still pacing on the lawn of the White House -- father and son spoke by phone for six minutes.

That unleashed, Berman said, a frenzied four days of insider trading as the "tip tree" allegedly headed by Collins, got to work passing on info and dumping stock as soon as each member of the tip tree found out about the failed trial. Cameron managed to unload more than $570,900 in Innate stock that would become nearly worthless once the results of the trial were finally released the night of June 26, a Monday, by Innate.

"Congressman Collins couldn't keep his crime a secret forever," Berman said. "The FBI asked to interview him. And instead of telling the truth, he lied. And so did Cameron Collins and so did Stephen Zarksy. By lying to the FBI, they compounded their insider-trading crime with the crime of criminal cover-up."

The tip tree allegedly involved Cameron's girlfriend, a CPA, her father, her mother, along with other friends and family members.

Cameron Collins' girlfriend, Lauren Zarsky, and her mother, Dorothy Zarsky, have already settled with the SEC, admitting to their role in the insider-trading scheme and promising to pay back their "ill-gotten gains." Lauren Zarsky will also be prohibited from working as a CPA before the commission for five years.

"Accountants who engage in illegal insider trading should not serve in the role of gatekeeper in our securities markets," said Stephanie Avakian, co-director of the SEC.

The investigation into the alleged tipping tree began, according to Steven Peikin, head of the enforcement division of the SEC, after regulators noticed the unusual trading pattern of Cameron Collins.

According to the civil complaint, Cameron Collins, who at one time owned 5.2 million shares of Innate stock, initiated dozens of trades in increments small enough to avoid depressing the stock price but at high enough volumes that he could quickly unload all of the Innate stock he held in a U.S. brokerage. 

"When members of the market abuse unit, a specialized group within the division of enforcement, uncovered suspicious trading by Cameron Collins they did not stop there," Peikin said. "As you heard, they identified well-timed trades by people close to him including his girlfriend, her mother, her father and her father's relative and a friend."

According to Peikin, numerous investigators with the SEC, the FBI and the U.S. Attorney's office worked on the case tirelessly for months, compiling a growing body of evidence that led them to Chris Collins, his son, the Zarsky family and their friends.

"(They) developed a thorough and compelling evidentiary record," Peikin said. "That record, which is summarized in the complaints, consists of e-mails and text messages, cell phone records, trading data, communications, including recorded calls with brokerage firms, IP log-on information and other (information). It reflects frantic efforts by tippers to convey inside information and traders to sell their shares before the company's negative news announcement."

Attorneys for Chris Collins tried to make the case Wednesday that Collins is not guilty of insider trading because he did not sell any of his own stock in the company. During his time on the dais at Embassy Suites on Wednesday evening, talking in front of about 30 reporters, Collins echoed the sentiment.

"When it became clear that the drug I and others believed in fell short of our hopes and expectations, I held on to my shares rather than sell them as a result," Collins said.

It's not part of the allegation against Collins that he engaged insider trading by selling stock, however. The allegation is that he initiated a tip tree that caused others to sell based on information he was duty-bound to keep confidential.

"Congressman Collins had an obligation and a legal duty to keep that information secret until that information was released by the company to the public," Berman said. "But he didn't keep it secret. Instead, as alleged, he decided to commit a crime. He placed his family and friends above the public good. Congressman Collins was a major investor in Innate and so was his son, Cameron. The congressman knew he couldn't sell his own shares for personal and technical reasons, including that he was already under investigation regarding Innate by the Congressional Ethics Office."

At the time Chris Collins was informed by the Innate CEO via an email that the clinical trials had failed, all of the stock held by Collins was tied up in an Australian brokerage. In May of 2017, Collins attempted to transfer his stock holdings to a U.S. brokerage, according to the civil complaint, but a mistake in the form delayed the transfer. Cameron Collins completed his own transfer between countries in early June. Once Innate knew it would be making a material announcement about the company, under Australian securities rules, trading of the stock was suspended. That rule didn't apply to the stock held by Cameron Collins once it was transferred to a U.S. brokerage or the other alleged members of the tip tree, so they were able to offer their stocks for sale as a penny stock on the over-the-counter Pink market under the ticker symbol INNMF.

The SEC takes a dim view of insider trading because trust is an important component of an open securities market. When traders buy or sell stock in a company based on information not available to the general public, it violates that trust.

"Insider trading is not just illegal," Peikin said. "It is also corrosive. It threatens investor confidence in the fairness and integrity of our markets. For our capital markets to retain their place as the envy of the world, the SEC and its law enforcement colleagues must be vigilant in policing against this misconduct."

Joshua Dent, president of Dent Wealth Management in Batavia, said that is exactly the attitude he expects from the SEC and it's critical to how he and his colleagues do their jobs. They need to know the securities they recommend to investors are being traded honestly and fairly.

"Stocks are traded on information and it's critical for that information to be accurate," Dent said. "Companies can get in trouble for falsifying that information to investors. At the same time, access to that information must be open to all investors or it gives some individuals an unfair advantage. Anything that causes investors to mistrust the fairness of the market is dangerous and threatens the integrity of the entire stock market."

While anybody who bought Innate stock at the time Cameron and others were selling may have lost money on the trade, it's impossible to say that they lost money because the alleged insiders were selling. The buyers were all willing buyers, Dent explained. They probably would have been looking to purchase stock in Innate even if the alleged insiders hadn't been trading. If they bought at the share price available -- about 45 cents at the time -- they would have lost their shirts by June 27 regardless of who was selling the stock. They traded on the information available to the general public and likely would have made those trades even without the alleged insiders trading. 

"There's no recourse for them because they could have bought the stock from anybody and they were willing to buy at that price," Dent said. "It's not necessarily about the victims as much as the unfairness that the Collins's were able to avoid losses and threaten the credibility of the market. The victims are basically all investors because if some people are able to receive and act on insider information and others cannot, then, as I said, it threatens the credibility of the stock market. The credibility of the stock market is based on the ability of investors to trust a fair exchange."

Chris Collins, Cameron Collins, and Stephen Zarsky each face 13 counts of securities fraud, wire fraud, and making false statements. If convicted, they each could be looking at five years in prison.

As a result of his arrest in Manhatten this morning, Collins is already facing consequences in the House of Representatives. Speaker Paul Ryan removed Collins from the House Energy and Commerce Committee.

“While his guilt or innocence is a question for the courts to settle, the allegations against Rep. Collins demand a prompt and thorough investigation by the House Ethics Committee," Ryan said. "Insider trading is a clear violation of the public trust. Until this matter is settled, Rep. Collins will no longer be serving on the House Energy and Commerce Committee.”

During today's press conference in New York City, Co-director of the SEC Avakian addressed those tempted by insider trading.

"Here's a better inside tip for those who think they can play by a different set of rules: Access to this kind of information carries with it significant responsibility, especially for those in society who hold a position of trust, to act honorably and in accordance with the law, and do not lie to special agents of the FBI," she said.

Video: Chris Collins "press conference" in Buffalo on Wednesday evening:

CBS News carried the press conference about the charges against Collins live. In the video below, the press conference starts at about the 6:45 mark.

CBS News also obtained exclusive video taken at the White House on June 22 during the Congressional picnic. It shows Collins on the phone at 7:17. The email informing board members of the failed clinical trials went out at 6:55 p.m. Collins allegedly tried multiple times to get in touch with Cameron Collins and when finally did, they allegedly spoke to each other for about six minutes.

CORRECTION: Earlier we referred to the document used in this story as a "criminal complaint." The document in the possession of The Batavian at the time this story was written was actually from the SEC and is a civil complaint. There is also a federal indictment that The Batavian had not yet obtained when this story was written.

A bicyclist has been struck by a vehicle on West Main Street by the Post Office in Batavia.

No word on injuries.

City fire and Mercy EMS dispatched.

United Way's third annual Summer Serenade featuring the Genesee Symphony Orchestra will be held from 3:30 to 6:30 p.m. on Sunday, Aug. 19, at Mercy Grove.

The venue is at 7758 E. Main Road (Route 5) in Le Roy.

Tickets are $75 per person.

There will be hors d’oeuvres, grazing stations, beer, wine, soda and a cash bar is available.

The GSO Serenade portion of the event will be from 4:45 to 5:30 p.m.

Proceeds benefit the United Way Backpack Program and the GSO.

Theresa DeMars, an account manager with Lawley Insurance, chairs the event for United Way.

As in the previous two Summer Serenades, garden-party attire is appropriate.

Donald Woodward built the mansion at Mercy Grove in 1927. Currently, the facility and its beautiful grounds are available for special events, conferences and weddings. 

Summer Serenade tickets are available at Le Roy Country Club, Roxy's Music Store, from United Way or GSO board members, and online here.

An accident with injuries is reported at 8692 Lake Street Road, Le Roy.

Le Roy Fire and Le Roy Ambulance responding.

Patrick Allen Thompson, 36, of Gabbey Road, Pembroke, is charged with third-degree assault, endangering the welfare of a child, and third-degree menacing. He was arrested following a domestic incident at an upper apartment on Gabbey Road in Pembroke at 9:53 p.m. on Aug. 5. Thompson allegedly assaulted another party, thereby endangering the welfare of the pregnant victim's unborn child. He also allegedly menaced the same victim by making a threat and following it up with physical injury. He was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash bail or $20,000 bond. He is due in Town of Pembroke court at 4:30 p.m. on Tuesday, Aug. 14. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Michael Lute.

Stephanie M. Burmeier, 33, of Payne Avenue, North Tonawanda, is charged with petit larceny and second-degree harassment. She was arrested at 6:10 p.m. on Alleghany Road in Darien after allegedly stealing merchandise from a souvenir shop inside Darien Lake Theme Park and Resort, then kicking one of the security officers who was attempting to detain her. The case was handled by Genesee County Sheriff's Deputy James Stack.

Minnie M. Henry, 30, of Central Avenue, Batavia was arrested on Aug. 6 on a bench warrant out of Batavia City Court. On Aug. 6, Batavia PD responded to 41 Central Ave. for an open 9-1-1 (hang-up) call and the defendant was subsequently arrested on the bench warrant. She is now charged with resisting arrest because she allegedly physically resisted police efforts to arrest her on the bench warrant. The defendant was jailed on $5,000 cash or bond. Henry is due in court on Thursday (Aug. 9). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Noel Marie Wentworth, 49, of Pringle Avenue, Batavia, is charged with petit larceny. She was arrested at 12:56 p.m. on Aug. 5 at Tops Friendly Market on West Main Street in Batavia after Tops' loss prevention personnel observed her allegedly stealing over-the-counter medication. She was issued a computer-generated appearance ticket and is due in Batavia City Court on Aug. 14. The case was handled by Batavia Police Det. Eric Hill.

Here is a summary of the civil complaint against Rep. Chris Collins and his co-defendants on charges of insider trading. Indented paragraphs are direct quotes from the document. Paragraphs that are not indented are summaries, sometimes containing direct quotes. To read the full complaint, click here (pdf)

On Thursday, June 22, 2017, Christopher Collins, then a member of the board of directors of Innate Immunotherapeutics, Ltd. (“Innate”) and a U.S. Congressman representing the 27th Congressional District of New York, learned material, nonpublic information about clinical trial results for a drug being developed by Innate. That evening, Innate’s CEO emailed Christopher Collins and other members of Innate’s board to report “extremely bad news” that the trial results “pretty clearly indicate[d] ‘clinical failure.’ ” 

Christopher Collins responded to the email and then approximately 15 seconds later began attempting to reach his son, Cameron Collins. After exchanging several missed calls, Christopher Collins and Cameron Collins connected and spoke for six minutes. Over the next two trading days, between the opening of the market on Friday, June 23, and the close of the market on Monday, June 26, and while the clinical trial results were still nonpublic, Cameron Collins sold a total of nearly 1.4 million Innate shares based on material, nonpublic information he received from Christopher Collins. Cameron and Christopher Collins spoke by telephone at least nine times during that same time period. 

Camaron Collins then allegedly spoke with four individuals, including Stephen Zarsky, who allegedly called two other individuals.

Allegedly, within minutes of hearing from Camaron Collins and his girlfriend, his girlfriend's mother sold her shares of Innate.

Both Camaron Collins and Stephen Zarsky allegedly placed orders the next morning to sell Innate shares.

Later that day, Stephen Zarksy's brother allegedly placed an order to sell his shares of Innate.

Finally, on the morning of Monday, June 26, Cameron Collins tipped a friend who had previously bought Innate shares on his recommendation. Five minutes later, Cameron Collins’s friend placed an order to sell all of his Innate shares. 

On the evening of Monday, June 26, 2017, Innate announced the negative results of the drug trial to the public. On the next trading day, Innate’s share price plummeted over 90 percent to $0.0351 from the previous day’s close of $0.45.

In the four days prior to the June 26 announcement, the alleged co-conspirators sold 1.78 million Innate shares. Additionally, Zarsky's contacts allegedly sold another 25,000 shares.

Collectively, the group allegedly avoided losses of $768,600.

As of June 22, 2017, his son Cameron Collins owned over 5.2 million shares of Innate, most of which Christopher Collins had purchased for him.

In early June 2017, Innate informed its board of directors that they would not be​ permitted to trade Innate securities between June 5 and July 11, 2017, because results of the clinical trial would be released imminently. This blackout period was later modified to allow board members and other insiders to trade 24 hours after the trial results were announced publicly.

Based on seemingly positive news related to the drug Innate was developing in the spring of 2017, "On June 15, 2017, Cameron Collins opened a new brokerage account and used funds from his 401(K) account to purchase 16,508 additional shares."

Likewise, five days later, Cameron Collins’s girlfriend invested in Innate for the first time on June 20, 2017, buying 40,464 shares in a brokerage account that she had opened the previous day. 

The indictment quotes text messages from the mother of Camaron Collins girlfriend that indicate Chris Collins was providing information about Innate to her and her husband in the fall of 2016.

On September 9, 2016, Cameron Collins’s girlfriend’s father, Stephen Zarsky, purchased 200,000 shares of Innate. Her mother purchased 50,000 shares the next business day. Stephen Zarsky made additional subsequent purchases. He and his wife purchased a total of 353,005 shares of Innate prior to the relevant trading. 

At approximately 6:55 p.m ET, Innate’s CEO emailed the board of directors, stating that he had “extremely bad news to​ report” and that the results “pretty clearly indicate ‘clinical failure.’ ” He also reported that the consultants “cut and diced the data multiple times/ways to see if there were some meaningful positives, [but] could not find any.” This information was material and nonpublic.

Christopher Collins received the CEO’s email while attending an official event on the South Lawn of the White House. At approximately 7:10 p.m. ET, while still at the event, Christopher Collins responded to the email, “Wow. Makes no sense. How are these results even possible???”

At that point, Chris Collins tried repeatedly to contact his son. The indictment then goes on for several paragraphs detailing the activities mentioned above regarding communications and trading of the stock by the alleged conspirators.

Unlike the other tippees, because of his large position in Innate, Cameron Collins could not sell all of his Innate shares at once without potentially causing a negative impact on the share price. Throughout Friday, June 23 and Monday, June 26, 2017, the two trading days before Innate publicly announced the bad results of the MIS416 clinical trial, Cameron Collins entered at least 58 orders to sell blocks of Innate shares he owned. His trading pattern is consistent with an effort to sell shares quickly while minimizing impact on the share price.

During that trading period, Cameron Collins and Chris Collins allegedly spoke multiple times. Cameron Collins allegedly placed multiple sell orders, sometimes attempting to set a limit price (the sell order won't go through unless the buyer is willing to pay that price or higher) when the limit orders didn't sell, he would place a sell order at "any price," according to the indictment.

The sales by Cameron Collins, his girlfriend, and her parents, including Stephen Zarsky, made up more than 53 percent of the stock’s trading volume that day and exceeded Innate’s 15-day average trading volume by more than 1,454 percent. Innate shares closed at $0.54 per share on June 23, an increase of $0.02 over the prior day’s close.

The next day, Cameron Collins allegedly attempted to place 36 sell orders. In 33 cases, there were willing buyers. He moved 775,000 shares of Innate stock.

In May, shares of Innate owned by Christopher Collins and Cameron Collins were held in an Australian brokerage. Chris Collins initiated the paperwork to transfer the shares to a U.S. brokerage, including opening an account in his daughter's name. The transfer was completed for Cameron Collins on June 9. However, there were apparently errors in the forms for Chris Collins and his daughter. "Thus, at the time that Christopher Collins learned the results of the MIS416 clinical trial on June 22, neither he nor his daughter was able to sell Innate shares in the U.S."

After news reached a reporter June 26 of the failed clinical trial, the reporter called a Collins staff member. Chris Collins then called his son. His son then executed a trade in Australia to sell all of his remaining Australian shares, a total of 3,825,000.

On June 29, 2017, the local newspaper published an article entitled, “Collins’ office says family, chief of staff held onto stock as it sank.” The article contained a statement issued by Christopher Collins’s office worded to dispel any suspicion of insider trading by the Collins family: “Neither Chris Collins [nor his daughter] . . . have sold shares prior, during, or after Innate’s recent stock halt . . . Cameron Collins has liquidated all of his shares after the stock halt was lifted, suffering a substantial financial loss.” 

The statement by Christopher Collins’s office omitted the fact that Cameron Collins sold almost 1.4 million Innate shares on the OTC Pink market during Innate’s ASX trading halt, prior to the public announcement of the bad drug trial results, avoiding losses of approximately $570,900. Similarly, it did not disclose that Christopher Collins and his daughter could not sell their Innate shares at that time because their efforts to transfer them to a U.S. brokerage account prior to the announcement of the results of the MIS416 clinical trial had failed. 

A portion of the relief sought by prosecutors includes:

Ordering Defendants to disgorge, with prejudgment interest, all illicit trading profits, avoided losses, or other ill-gotten gains received by any person or entity as a result of the actions alleged herein;

Ordering that Defendant Christopher Collins be prohibited from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act [15 U.S.C. § 78l] or that is required to file reports pursuant to Section 15(d) of the Exchange Act [15 U.S.C. § 78o(d)];

CORRECTION: Earlier we referred to the document used in this story as a "criminal complaint." The document in possession of The Batavian at the time this story was written was actually from the Security and Exchange Commission and is a civil complaint.  There is also a federal indictment that The Batavian had not yet obtained when this story was written.

Press release:

Democrat Nate McMurray today said that the arrest of Republican Congressman Chris Collins on insider trading charges underscores the reasons he’s challenging Collins in 27th Congressional District.

“This is why I got in this race because I understand that the man who claims to represent this community doesn’t actually represent it,” McMurray said. “Chris Collins has openly admitted that he serves only wealthy donors and that his proudest accomplishment is making millions for his friends here in Western New York and in Washington. That’s not what Congress is for and not what our democracy is about.

“Today’s allegations by the U.S. attorney were shocking and sad, but not surprising – this has been unfolding, piece by piece, for many months. Anyone who’s been paying attention knows what’s going on. And now the jig is up because no matter how this is spun, it’s clear that the swamp is alive and well in Washington, D.C.”

McMurray said that in his frequent travels across the 27th, people from all across the political spectrum are united in their common needs for health care, better wages, and opportunities for their children.

“What will I use the people’s House for? The work of the people, period,” McMurray said. “I don’t want anyone choosing between their healthcare and their house payments, or worrying about losing their Social Security, or being burdened with trillions of dollars in new debt because of tax cuts for those who don’t need them.

“The American Dream needs to live again, and we need a representative worthy of this district and the people who call it home.”

McMurray said his personal background growing up in a family of seven children supported by a single mother has made him acutely aware of the daily challenges hard-working families face.

“I’ve also learned that regardless of our many different beliefs and political backgrounds that we are all brothers and sisters, and that we have to unite in order to secure a better future for our community and our nation. That will be my sole goal when I reach the House of Representatives in January.”

This investigation must go forward and all those involved must be held accountable so that we can restore integrity and trust to public life.

Le Roy Fire is requested to the viaduct on West Main Street near Royal Drive for a report of flooding.

UPDATE 10:51 a.m.: Westbound traffic is blocked at Gilbert Street.

UPDATE 10:59 a.m.: A vehicle got stuck in the water. The occupant is out of the vehicle. Gilbert Street is flooded. There is also flooding at the fire hall.

UPDATE 11:51 a.m.: The flooding has cleared on West Main Street.

A two-car, minor injury accident is reported on Lake Street Road at Griswold Circle, Le Roy.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 10:37 a.m.: A chief on scene has said to keep the response to himself and an ambulance.

Rep. Chris Collins is facing federal charges related to alleged insider trading, according to a breaking news report from CNBC.

The report says Collins has been arrested on the charges and his co-defendants include his son Cameron Collins, and the father of his fiancee, Stephen Zarsky.

The defendants are accused of securities fraud, wire fraud, conspiracy, and making false statements, all related to publicly traded stocks of an Australian biotechnology company, Innate Immunotherapeutics. 

Collins is on the board of directors for the company.

According to the CNBC report, the indictment accuses Collins of passing nonpublic information about the company's drug trials to his son to help him "make timely trades in Innate stock" and that his son allegedly passed information to Zarsky who is accused of passing that information to unnamed co-conspirators.

Collins reportedly surrendered to federal agents in Manhattan this morning and was taken into custody. He is scheduled to appear in Federal court later today.

UPDATE 10:30 a.m.: Attorneys for Collins issued the following statement:

"We will answer the charges filed against Congressman Collins in Court and will mount a vigorous defense to clear his good name. It is notable that even the government does not allege that Congressman Collins traded a single share of Innate Therapeutics stock. We are confident he will be completely vindicated and exonerated.

Congressman Collins will have more to say on this issue later today."

Photo: File photo.

The Town of Batavia Planning Board has set a public hearing for Sept. 18 in consideration of a special use permit request by the owner of Dan's Tire & Auto Service Center in Batavia to erect a self-storage building on the west side of Route 98, about a couple hundred feet south of Rose Road.

Dan DiLaura and his towing manager, Steve Grice, outlined their proposal at the planning board's meeting tonight at Batavia Town Hall on West Main Street Road. The committee unanimously scheduled the public hearing, which is necessary because vehicles will be parked on the stone-covered grounds.

"Having a towing business, we must store vehicles from time to time due to an accident, DWI or abandoment, and the city says we need to have something fenced in," said Grice, adding that most of the cars are stored no more than a week, but on occasion a vehicle would be kept there longer due to an ongoing police investigation.

Grice said the building would measure 50-by-100-by-16 feet with two overhead doors, and would have two entrances and exits to make it easy for trucks to pull in and out. It also would have all utilities, a few outside lights, fully fenced and gated.

He said DiLaura would use the building for "personal storage" of race cars, towing equipment, tools, tires, etc., but it would not be used for any commercial repairs.

Currently, DiLaura is renting space behind the former Mazur's Auto repair shop on East Main Street in the city for this purpose. If the new building is approved, he no longer would use the Batavia location.

DiLaura said he would like to complete the project, which he estimated at $130,000, before winter.

The site plan is subject to review by the Genesee County Planning Board and approval by the Town Planning Board. Additionally, it must meet standards set by the Department of Environmental Conservation (concerning wetlands) and ensure proper stormwater drainage (depending upon the size of the build-out).

Grice said that BDK Construction of Basom, owned by Brian Kotarski, has been hired to construct the building.

Arc of Genesee Orleans will hold its 14th annual Friends & Family 5K & Fun Walk on Saturday, Sept. 15 in Elba.

There will be food, fun and music, plus kids' activities, including face painting.

Cost is $20 for the 5K and $15 for the one-and-a-half-mile Fun Walk; but both rates will increase by $5 on race day for those not preregistered. For nonparticipants wishing to attend the post-event party, cost is $5.

There is a small processing fee for online race/walk registrations.

Participants can register for the 5K and Fun Walk online here.

The race will be timed by PCR Timing Service of East Rochester.

Money raised will benefit education through the organization's Mary Anne Graney Memorial Scholarship Fund, and programs and services for individuals with intellectual or developmental disabilities served by Arc, and their families.

Sign up today for sponsorships, which range from $100 to $1,000. Aug. 15 is the cut-off date to put sponsor's names on T-shirts.

On race day, check-in begins at 8:45 a.m. The 5K starts at 10 o'clock, with the Fun Walk immediately following. The starting line is at the Arc Day Habilitation Center main entrance at 4603 Barrville Road, Elba.

For more information, call Race Director Sandy Konfederath at 343-4203, ext. 223, or email her at:  skonfederath@geneseearc.org