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July 2, 2025

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6 min read

Former CEO Sentenced to Prison in First-Of-Its-Kind Prosecution Based Exclusively on Rule 10b5-1 Plans

On June 23, 2025, the first-ever prosecution for bad-faith use of 10b5-1 trading plans resulted in Terren Scott Peizer, the former CEO and executive chairman of the publicly traded company Ontrak, Inc., being sentenced to 42 months in prison and ordered to pay $17.9 million in fines and restitution. A California federal district court found that Peizer had entered into Rule 10b5-1 plans in bad faith and while in possession of material nonpublic information to avoid more than $12.5 million in losses related to the termination of a large customer contract.

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Winston’s Capital Markets & Securities Law Watch features insights on recent regulatory, stock exchange, governance, and other developments in the capital markets and public company arena.

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