Posts tagged “insider trading”

Diamondback Redemptions Top $1 Billion

February 16th, 2011

Things aren’t as rosy at Diamondback Capital Management as the hedge fund indicated last week.

Investors have filed redemption notices totaling more than $1 billion with the firm, one of four raided in November by the Federal Bureau of Investigation as part of the Justice Department’s massive insider-trading probe. Diamondback has not been accused of any wrongdoing.

The withdrawal requests, first reported by The New York Times, are about twice the amount the firm reported to investors last week, indicating that its efforts to reassure did not go as well as Greenwich, Conn.-based Diamondback had hoped. Later last week, the firm acknowledged that redemption notices had crested $700 million; the final total is likely to be higher, as the deadline for notices was yesterday at 5 p.m.

Diamondback, which manages about $5.5 billion, had told investors last week that “several large investors” would stick with the firm. That includes that Blackstone Group, the hedge fund’s largest investor, which does not plan to substantially alter its investment with Diamondback.

The hedge fund also warned investors to think long and hard about their decision: Unlike most of its peers, Diamondback said it will not allow investors to revoke their redemption requests. It is unclear if the ballooning level of withdrawal demands will lead it to change that stance.

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Rajaratnam Trial To Start March 8

February 11th, 2011

Galleon Group founder Raj Rajaratnam’s trial on insider-trading charges has been delayed by a week.

U.S. District Judge Richard Holwell, who is presiding over the case, issued an order setting a new start day of March 8. The trial had been set to begin on Feb. 28.

It is unclear why Holwell chose to delay the trial; he did not offer a reason. But this week, lawyers for both sides and some witnesses have been coming to the Manhattan courthouse to work on pretrial matters. Reuters reports that attorney scheduling was the reason for the move.

Among those matters is an outstanding subpoena issued by Rajaratnam’s legal team to consulting giant McKinsey & Co. The two sides yesterday said they had reached an agreement on most matters, while Holwell sided with McKinsey on some of Rajaratnam’s document requests.

McKinsey had been fighting the subpoena, saying it sought “troves of irrelevant, unspecific and inadmissible documents.” Rajaratnam’s team shot back that the case has McKinsey “written all over it;” one of the 19 people to plead guilty in the case is a former senior director at the firm, and a former head of McKinsey, Rajat Gupta, is alleged to have passed confidential tips to Rajaratnam, although he himself has not been charged.

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Prosecutors: Witnesses Offer Evidence Of Rajaratnam’s Insider Trading

February 9th, 2011

Raj Rajaratnam

The noose around Raj Rajaratnam appeared to tighten further this week as prosecutors revealed some of the evidence they plan to use against the Galleon Group founder.

At least three cooperating witnesses have provided evidence of insider-trading by Rajaratnam, assistant U.S. Attorney Jonathan Streeter wrote in court documents. Two of those three are former Galleon employees.

One, Michael Cardillo, pleaded guilty to insider-trading charges last month as part of a plea deal. Streeter said that he approached prosecutors in October to discuss cooperating.

“Members of the trial team met with Cardillo and debriefed him about evidence he had against Rajaratnam,” Streeter wrote. “This included Rajaratnam’s trading based on inside information relating to Proctor & Gamble, as well as Cardillo had against another co-conspirator not previously identified by the government to the defendant.”

Streeter made the filing in response to a bid by Rajaratnam’s lawyers seeking to exclude discussion of four stocks from the trial, including Procter & Gamble. The trial is set to begin on Feb. 28.

According to another cooperating witness, former McKinsey & Co. consultant Anil Kumar, Rajaratnam went to jail just days after another deal about which he had advanced knowledge. While it is unclear whether Rajaratnam traded or sought to trade on that information, about Cisco System’s acquisition of Starent Networks, prosecutors said that Rajaratnam told Kumar that he knew about the deal.

Cisco announced its purchase on Oct. 13, 2009, three days before Rajaratnam’s arrest.

Streeter said Kumar’s claims “had very recently been corroborated through evidence supplied by Adam Smith,” another former Galleon trader who is cooperating in the investigation.

Kumar himself made a filing this week, asking a judge to junk a subpoena from Rajaratnam’s lawyers seeking documents from his McKinsey days. McKinsey has also objected to the subpoena.

Kumar called the request “excessively burdensome,” and another, seeking his tax returns and personal trading records, “at most…an attempt to impeach Mr. Kumar’s credibility.”

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Rajaratnam Brother An Alleged Co-Conspirator In Insider-Trading Case

February 3rd, 2011

Raj Rajaratnam

Prosecutors are turning up the heat on Galleon Group founder Raj Rajaratnam just weeks before he goes on trial for insider-trading: It has emerged that Rajaratnam’s younger brother, Ragakanthan, is an unindicted co-conspirator identified in the most recent guilty pleas in the case.

The government has not publicly identified Ragakanthan Rajaratnam as “CC-1″ in the charges against former Galleon trader Michael Cardillo. But The Wall Street Journal reports that the co-conspirator is, in fact, the former Galleon chief’s brother.

Ragakanthan Rajaratnam has not been charged with any wrongdoing. But according to the Cardillo charges, the brothers Rajaratnam traded on confidential information about J.M. Smucker Co. and Procter & Gamble during Ragakanthan Rajaratnam’s three years as a Galleon portfolio manager.

Cardillo, who pleaded guilty last week, worked for Ragakanthan Rajaratnam and executed his trades, according to the charges against him.

Ragakanthan Rajaratnam, known as “R.K.” during his Galleon days, is now a vice president in Clorox Co.’s marketing department. He worked at General Mills, Kraft Foods and ConAgra Foods before joining Galleon in 2006.

Raj Rajaratnam’s trial on 14 insider-trading counts is set to begin on Feb. 28. In the last few weeks, prosecutors have moved to isolate the biggest fish they’ve nabbed in the whole investigation, winning guilty pleas from his former co-defendant, Danielle Chiesi, and two former Galleon traders, including Cardillo. All told, 19 people have pleaded guilty in the case; seven, including Rajaratnam, are fighting the charges.

The government has also turned up the heat on Rajaratnam’s other brother, Regnan, another former Galleon employee. In December, John Kinnucan, the research firm chief who publicly rejected a Federal Bureau of Investigation offer to cooperate in the investigation, said he received a subpoena seeking information about Sedna Capital Management, a now-defunct hedge fund founded by Regnan Rajaratnam.

It is unclear whether prosecutors intend to pursue charges of any kind against either Ragakanthan or Regnan Rajaratnam, or if they hope the increased pressure will convince Raj Rajaratnam to seek a plea deal.

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FBI Approached Accused Insider-Trader For Help

January 11th, 2011

The California woman who last month became the seventh person arrested in the Justice Department’s massive insider-trading investigation only felt the cuffs after refusing to cooperate.

Winifred Jiau, in her first jailhouse interview, told Reuters that the Federal Bureau of Investigation approached her about assisting in the investigation before she was arrested last month. Despite the fact that the former Primary Global Research consultant has now been charged, she would not rule out cooperating with the probe.

“Initially, the FBI just wanted me to be a cooperating witness,” she said shortly after her arrest. But she offered no details about what the FBI wanted or why she declined to help, saying only that she has “not decided” whether to cooperate.

The FBI declined to comment on whether Jiau was so approached.

Jiau compared her situation to that of John Kinnucan, the research analyst also approached last year by the FBI. Kinnucan famously refused to help and sent a widely-publicized e-mail to his clients—including several prominent hedge funds—telling them so. Kinnucan has not been arrested or accused of wrongoing.

Like the other defendants in the case, Jiau will likely be sent to New York to face the charges against her. She has been charged with conspiracy and securities fraud for allegedly passing confidential information to three hedge funds. She faces up to 25 years in prison.

But Jiau told Reuters she has had trouble finding a lawyer in New York. “I really need a counsel,” she said. Unlike her fellow defendants, Jiau was denied bail; a federal judge in San Francisco ruled that the dual U.S.-Taiwanese citizen is a flight risk.

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Galleon Defendants Lose Dismissal Bid

January 6th, 2011

Five defendants in the Galleon Group insider-trading case, including two former Galleon traders, will have to face trial after a judge dismissed their bid to dismiss the cases against them.

The five, led by former Galleon trader and Incremental Capital founder Zvi Goffer, saw their bid rejected today by U.S. District Judge Richard Sullivan. The federal judge also handed down some potentially worse news: As in the trial of Galleon founder Raj Rajaratnam, tens of thousands of wiretaps at the heart of the government’s case will be admitted into the Goffer trial.

According to prosecutors, Goffer was the head of one of the two interlocking insider-trading rings in the case; Rajaratnam was part of the second. Goffer allegedly gave sources prepaid cellular phones to call in their tips, paying those sources for the confidential information. Goffer’s ring allegedly turned $20 million in illegal profits.

But Goffer and his co-defendants, his brother Emanuel and Michael Kimelman, both of Incremental, Craig Drimal, a former colleague of Goffer’s at Galleon, and Jason Goldfarb, a lawyer at the law firm which allegedly provided many of Goffer’s tips, said that the case against them was based on a “convoluted theory” of insider-trading. What’s more, what evidence prosecutors did offer failed to meet the standard for insider trading.

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Three Insider-Trader Suspects In Manhattan; Newest Denied Bail

January 5th, 2011

Three of the seven people charged in the Justice Department’s ongoing insider-trading investigation made their debuts in Manhattan federal court today, as another of their co-defendants was ordered held in prison.

James Fleischman, Walter Shimoon and Anthony Longoria made their initial appearances before U.S. Magistrate Judge James Francis this afternoon. All three are accused of fraud and conspiracy and face up to 20 years in prison.

Fleischman, a sales executive at expert-network firm Primary Global Research, and Walter Shimoon, formerly of Flextronics International, had their cases transferred to New York from California. Anthony Longoria, formerly of Advanced Micro Devices, had his case transferred from Texas. Shimoon and Longoria both served as consultants from Primary Global.

None of the three has entered a plea in the case, although at his first hearing in Texas, Longoria said he wouldn’t “fight” the charges. All have been free on bail since soon after their arrests last month.

Not so lucky is the latest person arrested in the case, Winifred Jiau, another former consultant for Primary Global. U.S. Magistrate Judge Bernard Zimmerman in San Francisco agreed with prosecutors that Jiau, a dual U.S.-Taiwanese citizen, was a flight risk. Jiau had previously failed to meet a $250,000 bail requirement.

Jiau is accused of passing on confidential information about two companies to three hedge funds.

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Hedge Fund Sues CBOE Over ‘Insider Trading’

December 30th, 2010

Hedge fund Platinum Partners has sued the Chicago Board Options Exchange, accusing it of accidentally giving some investor advance notice of a change to the strike price of a listed fund.

The New York-based firm said it lost $10 million when the CBOE and Options Clearing Corp. mistakenly cut the strike price on India Fund options and then improperly gave that information to some market participants. In addition to the CBOE and OCC, Platinum names the sellers of the India Fund options as John Doe defendants.

“We’re not the litigious type of people,” Platinum chief Mark Nordlicht told Crain’s Chicago Business. “It’s just an unfortunate situation. There was clearly some insider trading that went on before the decision was publicly announced.”

Platinum’s suit was filed in Illinois state court in Chicago.

While Nordlicht may not be the litigious type, he’s certainly seen the inside of a courtroom before. In addition to leading Platinum, he is the co-founder and chairman of commodity broker Optionable Inc., which has been sued by the Bank of Montreal for allegedly helping a former trader conceal losses.

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SEC Wants Judge To Force Rajaratnam To Hand Over Wiretaps

December 22nd, 2010

Rajaratnam and Chiesi

Having lost his fight to keep thousands of wiretaps out of his criminal trial, Galleon Group founder Raj Rajaratnam will now have to renew his fight to keep them out of the hands of the Securities and Exchange Commission.

The SEC yesterday demanded that Rajaratnam and former co-defendant Danielle Chiesi, both accused of insider-trading, turn over some of the 18,150 wiretaps that they received from prosecutors in the crimin

al case. And it seems likely that the two will lose at least the first round: The judge presiding over the civil case, U.S. District Judge Jed Rakoff, had ordered them to turn over the taps even before U.S. District Judge Richard Holwell, who is overseeing the criminal case, ruled on their legality.

received an at least temporary reprieve when a federal appeals court ruled that Rakoff erred by granting the SEC’s request before Holwell ruled. But now that Holwell has ruled that the wiretaps were, in fact, legal, it is unclear that Rajaratnam and Chiesi will still have the appeals court’s ear.

“Given that the legality of the wiretaps has now been established, and given that the SEC is only seeking relevant intercepts, the SEC’s ‘significant’ right to obtain the relevant intercepts outweighs whatever arguable remaining privacy interests defendants and others may have,” the agency said in its filing.

“The SEC’s significant right of access to relevant, legally intercepted communications relating to the defendants’ insider trading scheme, and the substantial prejudice it will suffer if deprived of these intercepts, clearly outweighs any remaining, diminished privacy interests implicated in disclosing the relevant intercepts. Without the recordings, the SEC likely will be deprived of important admissions and in many instances the best, most direct evidence of wrongdoing.”

Rajaratnam and Chiesi may reprise their earlier arguments against giving the SEC the taps, noting that the agency lacks the authority to use wiretaps.

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Federal Insider-Trading Probe Kills Loch Capital Management

December 9th, 2010

Loch going extinct?

Ironically, Boston-based Loch Capital Management doesn’t appear to be a target of the Justice Department’s massive insider-trading investigation. Oh well!

The hedge fund, one of three raided by the Federal Bureau of Investigation two weeks ago, will lay off most of its staff at the end of the year, Hedge Fund Alert reports. A spokesman for Loch told HFA that “no decision has been made to close” the firm, but declined to comment on the report of layoffs.

Loch currently employs 14 people. According to HFA, most of them will be out of a job after Dec. 31.

Even before the raid last month, it had been a difficult year for Loch. The firm, headed by Timothy and Todd McSweeney, suffered significant redemption requests following the arrest and guilty plea of the brothers’ longtime friend, Steven Fortuna, in the Galleon Group insider-trading case. Fortuna was the head of Boston hedge fund S2 Capital Management and is a key witness in the Galleon case.

The firm’s assets under management have slipped to $200 million from a peak of $2 billion.

News of the layoffs comes just days after Loch became the third of the three hedge funds raided on Nov. 22 to say that it had been assured by the government that it was not a target of the probe. The firm also said it had stopped using expert networks, which are among the focuses of the insider-trading investigation.

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