Former A.T. Kearney Inc. partner Sherif Mityas asked to be sentenced to only probation for trading on information he learned as a consultant to the Carlyle Group about the private equity firm’s 2010 purchase of vitamin maker NBTY Inc.
Mityas, who pleaded guilty in March to one count of securities fraud, filed a memorandum in Brooklyn, New York, federal court requesting that a judge impose a three-year term of probation. Federal guidelines point to a sentence of 10 to 16 months in prison, the filing said.
“Mr. Mityas’s history and characteristics along with the nature and circumstances of the offense paint a picture of a responsible, middle-aged family man whose mounting financial stressors led him to make this one foray into criminal conduct,” his attorney, Eric A. Chase, wrote in the memorandum.
Mityas realized a profit of $25,871 by trading on non-public information about the NBTY deal. He has agreed to forfeit that amount, the filing said.
The case is U.S. v. Mityas, 1:12-cr-00133, U.S. District Court for the Eastern District of New York(Brooklyn).