Securities Enforcement Empirical Database (SEED)

Defendant Name: Kevin M. Modany

Defendant Type: Individual

Initial Case Details

Legal Case Name SEC v. ITT Educational Services, Inc., Kevin M. Modany, and Daniel M. Fitzpatrick

First Document Date 12-May-2015

Initial Filing Format Civil Proceeding

Case Number 15-cv-00758

Allegation Type Issuer Reporting and Disclosure

Federal District Court Indiana, Southern District of Indiana

Affiliations

Current: Director—Chairman at ITT Educational Services Inc.
Director—Chairman at ITT Educational Services, Inc.
Current: CEO at ITT Educational Services Inc.
CEO at ITT Educational Services, Inc.

Violations Alleged

Exchange Act

• Sec 10(b) + Rule 10b-5

• Rule 13a-14

• Sec 13(b)(5)

Securities Act

• Sec 17(a) (Not specified)

Other

• Sec 304(a) Sarbanes-Oxley Act

• Rules 13b2-1, 13b2-2 Exchange Act

Related Violations Alleged

Kevin M. Modany is alleged to have aided and abetted ITT Educational Services Inc. 's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.

Kevin M. Modany is alleged to have controlled ITT Educational Services Inc. 's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.

Kevin M. Modany is alleged to have controlled an unidentified individual or entity's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.

Kevin M. Modany is alleged to have aided and abetted ITT Educational Services Inc. 's violation of Rule 12b-20 of the Exchange Act.

Kevin M. Modany is alleged to have controlled ITT Educational Services Inc. 's violation of Rule 12b-20 of the Exchange Act.

Kevin M. Modany is alleged to have controlled an unidentified individual or entity's violation of Rule 12b-20 of the Exchange Act.

Kevin M. Modany is alleged to have aided and abetted ITT Educational Services Inc. 's violation of Sec 13(a) of the Exchange Act.

Kevin M. Modany is alleged to have controlled ITT Educational Services Inc. 's violation of Sec 13(a) of the Exchange Act.

Kevin M. Modany is alleged to have controlled an unidentified individual or entity's violation of Sec 13(a) of the Exchange Act.

Kevin M. Modany is alleged to have aided and abetted ITT Educational Services Inc. 's violation of Rule 13a-1 of the Exchange Act.

Kevin M. Modany is alleged to have controlled ITT Educational Services Inc. 's violation of Rule 13a-1 of the Exchange Act.

Kevin M. Modany is alleged to have controlled an unidentified individual or entity's violation of Rule 13a-1 of the Exchange Act.

Kevin M. Modany is alleged to have aided and abetted ITT Educational Services Inc. 's violation of Rule 13a-11 of the Exchange Act.

Kevin M. Modany is alleged to have controlled ITT Educational Services Inc. 's violation of Rule 13a-11 of the Exchange Act.

Kevin M. Modany is alleged to have controlled an unidentified individual or entity's violation of Rule 13a-11 of the Exchange Act.

Kevin M. Modany is alleged to have aided and abetted ITT Educational Services Inc. 's violation of Rule 13a-13 of the Exchange Act.

Kevin M. Modany is alleged to have controlled ITT Educational Services Inc. 's violation of Rule 13a-13 of the Exchange Act.

Kevin M. Modany is alleged to have controlled an unidentified individual or entity's violation of Rule 13a-13 of the Exchange Act.

Kevin M. Modany is alleged to have aided and abetted ITT Educational Services Inc. 's violation of Sec 17(a) (Not specified) of the Securities Act.

Kevin M. Modany is alleged to have aided and abetted ITT Educational Services Inc. 's violation of Section 13(b)(2) Exchange Act.

Kevin M. Modany is alleged to have controlled ITT Educational Services Inc. 's violation of Section 13(b)(2) Exchange Act.

Resolutions

Bars:

Bar from acting as Director or Officer of a public company for 5 years

First Resolution Date 06-Jul-2018

Other Defendants in Action:

ITT Educational Services Inc.

Daniel M. Fitzpatrick

Related Actions:

In the Matter of Kevin M. Modany, CPA

Kevin M. Modany, CPA

In the Matter of Daniel M. Fitzpatrick, CPA

Daniel M. Fitzpatrick, CPA