insider

April 21 (Bloomberg) — Seth Berenzweig, managing partner at Berenzweig Leonard, talks about the insider-trading trial of Galleon Group LLC co-founder Raj Rajaratnam. Berenzweig speaks with Margaret Brennan on Bloomberg Television’s “InBusiness.” (Source: Bloomberg)

Originally posted here:
Video: Berenzweig Says Rajaratnam Wiretaps `Slammed’ Defense

Video: Burns Says Prosecution Has `Edge’ in Rajaratnam Trial

April 21, 2011

April 21 (Bloomberg) — Douglas Burns, a former federal prosecutor, talks about the defense in the insider-trading trial of Galleon Group LLC co-founder Raj Rajaratnam. Assistant U.S. Attorney Reed Brodsky held his 4 1/2-hour closing argument yesterday in Manhattan federal court, followed by the first hour of the defense argument. The trial is in its seventh week, and may send Rajaratnam to prison for 20 years. Burns speaks with Deirdre Bolton on Bloomberg Television’s “InsideTrack.” (Source: Bloomberg)

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Video: Raissi Says Tech Industry More Prone to Insider Trading

April 7, 2011

April 6 (Bloomberg) — Jahan Raissi, partner at Shartsis Friese LLP, talks about the insider trading case involving a former Wilson Sonsini Goodrich & Rosati PC attorney and the possible implications for the law firm. Matthew Kluger passed mergers and acquisition data in an insider-trading scheme that netted more than $32 million in illicit profits since 2006, U.S. prosecutors charged today. Raissi talks with Emily Chang on Bloomberg Television’s “Bloomberg West.” (Source: Bloomberg)

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Video: Doug Burns Says Evidence `Piling On’ in Rajaratnam Trial

March 30, 2011

March 30 (Bloomberg) — Douglas Burns, a former federal prosecutor, talks about the insider-trading trial of Galleon Group co-founder Raj Rajaratnam. Adam Smith, former Galleon employee, told jurors in the criminal trial of Rajaratnam that part of his job was learning revenue figures before they became public from insiders at Intel Corp., the world’s largest semiconductor maker, Intersil Corp., Synaptics Inc. and other publicly traded companies. Burns speaks with Erik Schatzker on Bloomberg Television’s “InsideTrack.” (Source: Bloomberg)

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Goldman Sachs Chief Discusses His Work Habits On Witness Stand

March 23, 2011

Lloyd Blankfein, chief executive officer of Goldman Sachs Group Inc. (GS), checks his bank’s profit every day, prefers voice mail to e-mail and makes unscheduled calls to board members at times of market “uncertainty.” His testimony at the insider trading trial of Raj Rajaratnam was intended by prosecutors to show how one of those board members, Rajat Gupta, who served in 2007 and 2008, passed on information he learned from the board. Blankfein’s 3 1/2 hours on the witness stand today before a packed Manhattan federal courtroom also included a few questions about the CEO’s personal life.

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Video: Burn Says Volatility `Here to Stay’ If Fed Continues QE

March 22, 2011

March 22 (Bloomberg) — Christopher Burn, founder and portfolio manager at Goshen Invesments LLC, and Paul Giordano, chief executive officer of Tamalpais Asset Management, talk about the Federal Reserve’s policy of quantitative easing and its effect on financial markets. Speaking with Margaret Brennan on Bloomberg Television’s “InBusiness,” they also discuss the impact of the insider-trading trial of Galleon Group co-founder Raj Rajaratnam on investment firms. (Source: Bloomberg)

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Naveen Jain: Manage Your Company’s Online Identity — Or The Competition Will Manage It For You

February 15, 2011

Your LinkedIn profile is diligently maintained, your blog is free of comment spam, and you tell your kids to wipe their Facebook pages clean of party photos. You work hard to maintain control of your personal online identity. But do you give the same attention to how your business is portrayed online? The online identity, or “o-dentity,” of your business can help or hinder its bottom line. Yet, too many executives fail to safeguard their company’s online reputation. If you allow disgruntled customers or bloggers with a grudge to speak out unhindered about your company, rest assured your competitors will pounce on this opportunity to spread the (negative) word. Following are the five most common mistakes top executives make regarding the management of their company’s o-dentity, and some advice on taking control to prevent a downward spiral. 1) Delegating o-dentity and holding steadfast to the “it’s not my job” attitude. Many top executives see managing the link between CEO voice and corporate brand as something their PR and marketing firms do, along with managing a blog and the company’s Twitter feed – that’s why you hired them, right? However, control of a company’s online reputation can no longer be outsourced without further thought — or worse, kicked downstairs to IT and the SEO management team. Noise from the online world is too loud, complicated, and fast-moving to delegate this task. CEOs need to proactively communicate with potential customers or investors in social media outlets such as blogs, Twitter, Facebook, and LinkedIn. If you’re not making a connection between your voice and views as a CEO, and your company’s brand, you’ll become a corporate dinosaur. Think of Steve Jobs and Apple Computer, or Jeff Bezos at Amazon, execs who truly live and breathe their brands. The presence and voice of the CEO is now more important to branding than the right logo, tagline or campaign. 2) Clinging to one-way communication with customers. In the old days (that is, before 2003 or so), you talked to your customers and they didn’t talk back – or at least they didn’t talk back in a way that could result in a crisis in a matter of hours. If customers were unhappy, they called customer service, their problem was solved, and the CSR rep closed the file – end of the story. Nowadays, customer communications has morphed from a one-way street into a multi directional super highway, and CEOs who ignore this fact do so at significant peril. Top executives who are engaged with customers and online influencers on a daily basis can rectify problems before they turn into crises. To get a handle on the dialogue surrounding your company, you need to spend time reviewing the top 10 thought-leader blogs and Twitter feeds covering your industry – don’t rely on summaries from assistants or wait until they tell you about the negative buzz. You and your company should be engaged daily in two-way conversation with the top influencers in your industry, whether these are executives of other businesses or vocal customers. Granted, this won’t be an easy transition for executives who aren’t comfortable with such direct (and possibly confrontational) contact with influencers – it’s easier to deliver a speech and be done with it. Nevertheless, you need to ask questions and listen to what influencers are saying. Don’t talk “at” people — talk “with” them. 3) Underestimating the power of insights from unhappy customers. Building on the last point, not all CEOs are willing to accept the fact that today the power of one voice – that is, a customer – can provide valuable insights on products and services. Before social media changed the world, a disappointed consumer could only tell a handful of other people about their experience. Today, one viral posting about lousy service (like the infamous recording of an AOL member’s argument with a customer service rep) can result in thousands of social media posts or even stories in The New York Times or Wall Street Journal . Learn from Dell’s example of retooling customer service: After getting hammered in the blogosphere about poor response to online customer complaints, Dell created a “social media swat team” that monitored blogs for negative posts about Dell’s products. The posts are routed to this team, which can then quickly respond before the negative post gains traction. And be proactive: Don’t wait for complaints to come in through the toll-free number before you do anything about them – contact unhappy customers before they can negatively influence other customers. Airlines, often roundly criticized for poor service, are getting smarter about fast response to customer problems via Twitter and other social networks. Delta Air Lines now has a special team, @DeltaAssist , that monitors Twitter for passenger complaints. 4) Believing that customers understand the difference between The Wall Street Journal and a blogger. Executives think consumers can differentiate between a respected media outlet like The Wall Street Journal or The New York Times – whose staff are governed by a code of ethics, and whose lawyers ensure reportage is fair and accurate – and a blogger with a few readers who could be backed by your competition. Today everyone with a Internet access can be a “journalist,” regardless of whether they have had training and answer to a team of editors, or simply started a blog using free software. Don’t assume consumers can discern the nuances of journalism – if your customers take bloggers or Twitter users seriously, then you should too. When Sean Parker, an entrepreneur and the first president of Facebook, was concerned at how his portrayal in the movie “The Social Network” was damaging his online reputation, he didn’t just sit still. He reached out to Henry Blodget, CEO of the online business publication Business Insider and a Huffington Post columnist, to tell his side of the story . Thanks to Blodget’s posts, as well as tweets to his 24,000+ followers, Parker was able to present an alternate picture of his life and accomplishments. 5) Sending out inconsistent messages to external and internal audiences. Do you tell customers that you pride yourself on exemplary customer service, then fail to offer them a toll-free number for questions so they can speak with a real person? Do you proclaim your company as an innovator, yet tell your employees that you’re pulling back on R&D? You need to represent the company internally in the same way you do to your customers. Two excellent examples come to mind: Nordstrom and Gilt Groupe . Nordstrom is legendary for its in-store customer service, and has successful extended this experience to the web. Likewise, Gilt Groupe, the discount designer fashion website, projects an image of exclusivity and stellar customer service. Both embrace consistent messaging. There’s no disconnect, because the image is reality. When you make a mistake — like shoe retailer Kenneth Cole did recently by tweeting, “Millions are in uproar in #Cairo. Rumor is they heard our new spring collection is now available online,” — quickly apologize and communicate that the message is at odds with the company’s image, both inside and out. Cole tweeted : “I apologize to everyone who was offended by my insensitive tweet about the situation in Egypt. I’ve dedicated my life to raising awareness about serious social issues, and in hindsight my attempt at humor regarding a nation liberating themselves against oppression was poorly timed and absolutely inappropriate.” Avoiding the “don’ts” above can help you gain visibility into and control of the online dialogue surrounding your company. Remember, if you don’t take charge of your o-dentity, the competition will be happy to do it for you.

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Naveen Jain: Manage Your Company’s Online Identity — Or The Competition Will Manage It For You

February 15, 2011

Your LinkedIn profile is diligently maintained, your blog is free of comment spam, and you tell your kids to wipe their Facebook pages clean of party photos. You work hard to maintain control of your personal online identity. But do you give the same attention to how your business is portrayed online? The online identity, or “o-dentity,” of your business can help or hinder its bottom line. Yet, too many executives fail to safeguard their company’s online reputation. If you allow disgruntled customers or bloggers with a grudge to speak out unhindered about your company, rest assured your competitors will pounce on this opportunity to spread the (negative) word. Following are the five most common mistakes top executives make regarding the management of their company’s o-dentity, and some advice on taking control to prevent a downward spiral. 1) Delegating o-dentity and holding steadfast to the “it’s not my job” attitude. Many top executives see managing the link between CEO voice and corporate brand as something their PR and marketing firms do, along with managing a blog and the company’s Twitter feed – that’s why you hired them, right? However, control of a company’s online reputation can no longer be outsourced without further thought — or worse, kicked downstairs to IT and the SEO management team. Noise from the online world is too loud, complicated, and fast-moving to delegate this task. CEOs need to proactively communicate with potential customers or investors in social media outlets such as blogs, Twitter, Facebook, and LinkedIn. If you’re not making a connection between your voice and views as a CEO, and your company’s brand, you’ll become a corporate dinosaur. Think of Steve Jobs and Apple Computer, or Jeff Bezos at Amazon, execs who truly live and breathe their brands. The presence and voice of the CEO is now more important to branding than the right logo, tagline or campaign. 2) Clinging to one-way communication with customers. In the old days (that is, before 2003 or so), you talked to your customers and they didn’t talk back – or at least they didn’t talk back in a way that could result in a crisis in a matter of hours. If customers were unhappy, they called customer service, their problem was solved, and the CSR rep closed the file – end of the story. Nowadays, customer communications has morphed from a one-way street into a multi directional super highway, and CEOs who ignore this fact do so at significant peril. Top executives who are engaged with customers and online influencers on a daily basis can rectify problems before they turn into crises. To get a handle on the dialogue surrounding your company, you need to spend time reviewing the top 10 thought-leader blogs and Twitter feeds covering your industry – don’t rely on summaries from assistants or wait until they tell you about the negative buzz. You and your company should be engaged daily in two-way conversation with the top influencers in your industry, whether these are executives of other businesses or vocal customers. Granted, this won’t be an easy transition for executives who aren’t comfortable with such direct (and possibly confrontational) contact with influencers – it’s easier to deliver a speech and be done with it. Nevertheless, you need to ask questions and listen to what influencers are saying. Don’t talk “at” people — talk “with” them. 3) Underestimating the power of insights from unhappy customers. Building on the last point, not all CEOs are willing to accept the fact that today the power of one voice – that is, a customer – can provide valuable insights on products and services. Before social media changed the world, a disappointed consumer could only tell a handful of other people about their experience. Today, one viral posting about lousy service (like the infamous recording of an AOL member’s argument with a customer service rep) can result in thousands of social media posts or even stories in The New York Times or Wall Street Journal . Learn from Dell’s example of retooling customer service: After getting hammered in the blogosphere about poor response to online customer complaints, Dell created a “social media swat team” that monitored blogs for negative posts about Dell’s products. The posts are routed to this team, which can then quickly respond before the negative post gains traction. And be proactive: Don’t wait for complaints to come in through the toll-free number before you do anything about them – contact unhappy customers before they can negatively influence other customers. Airlines, often roundly criticized for poor service, are getting smarter about fast response to customer problems via Twitter and other social networks. Delta Air Lines now has a special team, @DeltaAssist , that monitors Twitter for passenger complaints. 4) Believing that customers understand the difference between The Wall Street Journal and a blogger. Executives think consumers can differentiate between a respected media outlet like The Wall Street Journal or The New York Times – whose staff are governed by a code of ethics, and whose lawyers ensure reportage is fair and accurate – and a blogger with a few readers who could be backed by your competition. Today everyone with a Internet access can be a “journalist,” regardless of whether they have had training and answer to a team of editors, or simply started a blog using free software. Don’t assume consumers can discern the nuances of journalism – if your customers take bloggers or Twitter users seriously, then you should too. When Sean Parker, an entrepreneur and the first president of Facebook, was concerned at how his portrayal in the movie “The Social Network” was damaging his online reputation, he didn’t just sit still. He reached out to Henry Blodget, CEO of the online business publication Business Insider and a Huffington Post columnist, to tell his side of the story . Thanks to Blodget’s posts, as well as tweets to his 24,000+ followers, Parker was able to present an alternate picture of his life and accomplishments. 5) Sending out inconsistent messages to external and internal audiences. Do you tell customers that you pride yourself on exemplary customer service, then fail to offer them a toll-free number for questions so they can speak with a real person? Do you proclaim your company as an innovator, yet tell your employees that you’re pulling back on R&D? You need to represent the company internally in the same way you do to your customers. Two excellent examples come to mind: Nordstrom and Gilt Groupe . Nordstrom is legendary for its in-store customer service, and has successful extended this experience to the web. Likewise, Gilt Groupe, the discount designer fashion website, projects an image of exclusivity and stellar customer service. Both embrace consistent messaging. There’s no disconnect, because the image is reality. When you make a mistake — like shoe retailer Kenneth Cole did recently by tweeting, “Millions are in uproar in #Cairo. Rumor is they heard our new spring collection is now available online,” — quickly apologize and communicate that the message is at odds with the company’s image, both inside and out. Cole tweeted : “I apologize to everyone who was offended by my insensitive tweet about the situation in Egypt. I’ve dedicated my life to raising awareness about serious social issues, and in hindsight my attempt at humor regarding a nation liberating themselves against oppression was poorly timed and absolutely inappropriate.” Avoiding the “don’ts” above can help you gain visibility into and control of the online dialogue surrounding your company. Remember, if you don’t take charge of your o-dentity, the competition will be happy to do it for you.

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Phil Trupp: The Tipster Calls: Do You Take the Money and Run?

February 15, 2011

Your friend who works at ABC Company tells you that the company is about to be acquired for more than it’s worth by XYZ Company, and that the stock price of ABC is likely to double. You trust your friend’s tip because he’s an executive at ABC and he or she is doubling down on the buyout. Question: As a retail investor, what would you do based on your friend’s tip? Do you call your broker and buy up as much ABC as you can afford? Or do you betray your friend, contact the Securities and Exchange Commission and volunteer to be a wire-wearing whistle blower hoping to bag a big, fat reward? Like many Wall Street operators — especially if you’re a hedge fund manager — you have been given inside information, which translates into money and power. But now you’re faced with an ethical dilemma. You read the newspapers and financial blogs and you are well aware of two things: insider trading is illegal, and yet it is an often-used business model with a long and inglorious history. What exactly is insider trading? Basically, it is the practice of buying or selling stock or other assets by corporate officers, other insiders or ordinary investors on the basis of information that is not public and is supposed to remain confidential. Insiders can buy or sell stock based on information they report to the Securities and Exchange Commission, thus making the public aware of the good, bad or perhaps the ugly data on a company’s balance sheet. Reporting this information to the SEC presumably gives the average investor a break, a level playing field upon which to make informed decisions. Fair enough. But if you are a major player or a hedge fund magnet, giving ordinary investors a break isn’t your concern. To pull down those hefty hedge fund fees you need to offer an edge, and that edge often amounts to inside knowledge played close to the chest and out of public view. So if the “whales” of Wall Street constantly are in search of inside tips, despite the legal and ethical pitfalls, why shouldn’t you cash in on your friend’s possibly profitable tip? The February 13 edition of the Washington Post business section features a story by David S. Hilzenrath and Jea Lynn Yang headlined “The federal dragnet on Wall Street’s inside game” which explores the insider trading business model and the government’s all-out push to put a stop to it. Insider trading has grown in recent years, the reporters conclude. But is this a growing epidemic enhanced by digital technology and unique ways of tracing cons? Or has technology merely exposed a practice that has been at work for generations? My experience brings me down on the side of the latter. Wall Street is not the Land of the Fair Deal. Indeed, insider trading is a means of taking advantage of ordinary investors and making a killing in the dark. For example, those insiders privy to special, non-public knowledge can — and often do — sell investors stock that is teetering on the edge of the cliff. The insiders sell you on the upside while betting the farm on the inevitable collapse. For example, hedge fund billionaire John Paulson recently worked with Goldman Sachs to produce a derivative made up of bad mortgage loans. Paulson bet against this so-called Abacus package, knowing in advance that it was built to crash, while Goldman sold it to clients as a bullish move. Paulson made out big-time, as did Goldman, while unsuspecting investors took the fall. The Abacus scam made headlines in the wake of populist outrage directed at the 2008 market meltdown. It was a sexy example of greed and insiders feeding at the public trough. The Street shrugged it off. It was by all accounts business as usual. It now appears that the Obama Administration is determined to crack down on such insider deals. The Department of Justice (DOJ) is focusing on a wide circle of expert network firms which feed inside information to financial management companies, matching various company insiders to stock traders. Wall Street argues there’s nothing wrong with this practice, that it is part of due diligence. The trouble with this argument is that the public isn’t connected to the process and is often enough victimized by it. DOJ is now trolling for insiders willing to wear wires to help build cases against billionaire hedge funds and those who feed them insider information. If there is honor among thieves, DOJ is proving the opposite is true. If stock and bond traders can’t cash in using legal practices, they can always snitch and pick up whistle blower awards granted by regulators that are often equal to, and at times exceed, the bonuses given to top financial executives. So where do you come down on my initial question? Do you call DOJ or do you take your insider tip and run straight to your broker? Critics of insider trading say the “integrity” of the market depends on your answer. Yet these same critics are challenged to find — let alone protect — the integrity they are so eager to preserve.

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Yvette Kantrow: Access Davos

February 13, 2011

Filled with self-styled straight shooters who claim to be beholden to no one, the blogosphere has long positioned itself as an antidote to the so-called access journalism racking the mainstream media, most infamously during the run-up to the Iraq War and, more recently, in the run-up to the financial crisis. Because they rely heavily on high-level, establishment sources for their stories, the argument goes, mainstream journos — think Judith Miller — must censor their own reporting or risk losing access to the machers in the corridors of power. The blogosphere, with its emphasis on commentary, analysis and citizen journalism, claims to be unfettered by such restraints. After all, people don’t visit blogs to read worked-over quotes by a CEO or a government official. Against that backdrop, it’s pretty weird to witness the growing army of bloggers who now flock to the World Economic Forum in Davos, the ne plus ultra of access journalism. Bloggy new-media types like Arianna Huffington and Jeff Jarvis have been schlepping to Switzerland for years, and they have more recently been joined by financial bloggers, including Business Insider’s Henry Blodget and Reuters’ Felix Salmon. Then there are the big media outlets including The New York Times , Time Inc. and CNBC, which conduct interviews with bigwig attendees from the mountaintop. Indeed, Davos seems tailor-made for access-obsessed CNBC, which specializes in providing a friendly forum for CEOs and other muckety-mucks to talk directly to viewers. But what of Salmon, Blodget and their ilk? What do they get from a conference where most of the “real” action takes place behind closed doors while reporters lurk in hallways or at parties hoping to nab a few moments with a Big Name attendee? Faced with this reality, bloggers employed a different strategy in Switzerland this year: They went to Davos not to cover it, but to mock it. Blodget, who vowed to give his readers ” The Truth About Davos ,” judged it to be “just like high school.” Salmon declared: “Just about everything in Davos is ridiculous in its own way. It’s like Disneyland.” And Harvard Business Review’s Justin Fox, in his ” Obligatory Pre-Davos Post! ,” admitted that when he was blogging for Time.com “traffic fell off markedly as soon as I started posting from the Swiss Alps… There’s seldom much in the way of news generated at Davos, and most people aren’t itching to hear a soundbite from CEO or government official rushing between meetings.” That message wasn’t lost on Timesman Andrew Ross Sorkin, who in a conference missive outed the high cost of being a Davos Man (as much as $622,000, depending on the size of your entourage). Sorkin’s piece was hailed as a standout by the New Yorker’s John Cassidy, who was not at Davos, while Blodget told readers that everyone at the event was talking about it. That’s nice, but the story seemed a tad hypocritical, given the Times ‘ symbiotic relationship with Davos. Arthur Sulzberger Jr. was at the confab, as were Thomas Friedman and Nicholas Kristof — Davos Men of the highest order — plus Sorkin and other Times scribes who were covering it. How much the cash-strapped New York Times Co. spends to have them there Sorkin’s piece did not say. Perhaps that’s because Sorkin is on his way to becoming a Davos Man himself — Blodget blogged that Sorkin is “a god” around Davos “and quite possibly the first one invited to every party.” And why would a god want to anger his people? But Sorkin’s piece was indicative of the type of snark that the media, particularly the new media, brought with it to Davos this year: sharp-tongued enough to protect itself against charges of being too cozy with the global elite, but soft enough to ensure that its authors will get invited back. Despite all the negative coverage, few journos, including bloggers, seem able to resist the invitation and the proximity to power. Indeed, after spending a few days at the conference, Blodget gave its corporate attendees a big wet kiss, concluding that for executives, the business meetings they conduct at Davos “can end up being vastly more valuable than the price of admission.” OK, fine, but if Davos is nothing more than a big networking event, doesn’t that make all the Big Thoughts a farce? In the blogosphere, only Salmon seems to have stuck to his guns and left the confab as disgusted by it as when he arrived. Moving from snark to satire, he lauded Davos for “deftly leveraging the talk around its chosen theme — ‘shared norms for the new reality’ — into an effective and timely intervention in Egypt.” Well done. But whether that conclusion required a trip to Switzerland is another question.

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Why Inside Traders Escape Harsh Sentences

January 7, 2011

NEW YORK, Jan 6 (Reuters Legal) – The recent flurry of insider-trading arrests by the Manhattan U.S. Attorney has set Wall Street on edge. But if recent history is any guide, people found guilty of that crime tend to get off relatively easy, a Reuters Legal analysis suggests. The analysis covers sentences imposed in 2009 and 2010 in 15 insider-trading cases brought by the U.S. Attorney in New York, representing virtually all those imposed in that court during this period. Of these, 13 sentences, or nearly 87 percent, were lighter than the terms prescribed by the U.S. Sentencing Guidelines — and seven of the sentences carried no prison time at all. The data from 2009, culled from a report issued last year by law firm Morrison & Foerster, reveal that only one prison term, for 63 months, was issued for insider trading in 2009. The routine practice of departing downward from the guidelines in insider-trading cases is particularly striking given the much lower rate at which judges in the New York federal court typically do so. According to U.S. Sentencing Commission statistics from fiscal 2009, New York federal judges departed downward from the guidelines in 57 percent of all cases, a full 30 percentage points lower than for insider-trading cases alone. To be sure, several defendants charged in connection to Manhattan U.S. Attorney Preet Bharara’s massive insider-trading investigation have yet to be sentenced. In fact, two of the biggest targets — Galleon Group hedge fund founder Raj Rajaratnam and former New Castle Funds employee Danielle Chiesi — have not yet gone to trial. If either is found guilty, the guidelines would call for severe sentences: A maximum of 145 years in prison for Rajaratnam, whose trial is scheduled for February, and a maximum of 155 years for Chiesi. Defense lawyers and former prosecutors have several theories about why insider-trading sentences tend to be lighter than those prescribed by the federal guidelines. For one, judges in the Southern District of New York, who oversee most of the insider-trading cases filed nationwide, depart downward from the guidelines at a more frequent rate than do judges across the country. According to the Sentencing Commission, in fiscal 2009 42 percent of all sentences nationwide were below the guidelines, compared to the 57 percent of all sentences issued by judges in the Southern District. Another theory is that insider-trading defendants more commonly present the sentencing judge with glowing character references from friends, family, and colleagues, and these are often effective in persuading judges that a short prison term would be a sufficient deterrent. And unlike cases involving violent crimes or other types of white-collar crimes such as Ponzi schemes and shareholder fraud, insider-trading, which no doubt harms the investing public, typically doesn’t produce anyone to deliver heart-tugging victim-impact statements to the judge. “You’re not going to get a big presentation about how peoples’ lives were ruined,” said Sam Buell, a professor at Duke University School of Law and a former federal prosecutor. “In insider-trading cases, where are the victims?” DIFFICULT CALLS FOR JUDGES At a sentencing hearing in February 2009, U.S. District Judge Alvin Hellerstein spoke about the difficulties he faced when sentencing individuals guilty of insider trading, which he described as “serious” but also “peculiar.” “It’s taking advantage of inside information, theoretically, at the expense of the public,” he said. “But there are no victims in this crime, at least not in any real sense.” The case involved Alan Tucker, a former Pace University professor who in 2008 had pleaded guilty to conspiracy to commit securities fraud. Under the sentencing guidelines, Tucker faced 37 to 46 months. At the hearing, Judge Hellerstein struggled to find the appropriate punishment for Tucker, noting that Tucker was an accomplished academic and that he has a son who suffers from autism. Judge Hellerstein sentenced Tucker to six months in prison, but subsequently reduced the term to three years’ probation. GUIDELINES NOT MANDATORY The federal guidelines, which went into effect in 1987, were meant to bring more consistency to sentencing, and over the years, penalties have stiffened for white-collar defendants. The guidelines are based on a point system in which a first-time offender guilty of insider trading automatically gets eight points — or a prison sentence range of zero to six months. Additional points are based on the amount the defendant gained by the illegal trading — which can quickly add up to stiff sentences. A defendant who made more than $200,000, for example, faces between 33 and 41 months under the guidelines. For a gain of more than $1 million, the range increases to 51 to 63 months. But under the Supreme Court’s 2005 decision in United States v. Booker, district court judges are no longer bound by the guidelines. Now, they’re only required to consult them. Cooperation with the government in ongoing investigations may also help defendants receive lighter sentences than those called for by the guidelines. Last year, U.S. District Judge Sidney Stein sentenced a trader who faced 46 to 57 months under the guidelines to three years probation, citing his cooperation with the government. But cooperation with the government is not always necessary to get a good deal. In the last two years, at least eight defendants received shorter sentences even though they did not cooperate with the government. Only two of the seven who received sentences below the guidelines had cooperated with the government. James Gansman, a former Ernst & Young partner accused of giving inside information to a female companion, fought his charges through a trial. After a jury convicted him in 2009, he faced a prison sentence of 41 to 51 months under the guidelines. But last year, U.S. District Judge Miriam Goldman Cedarbaum sentenced Gansman to one year and one day, noting that Gansman did not personally gain from the trading. Gansman has appealed the conviction. Defense lawyers are now using these lighter sentences to try to set a new benchmark for insider-trading defendants who don’t cooperate with the government. In June, lawyers for Ali Hariri, a former executive at Atheros Communications who pleaded guilty to insider trading in connection with the government’s Galleon Group investigation, pointed to more than a dozen individuals who didn’t cooperate with the authorities yet who received sentences below the federal guidelines. Hariri’s lawyers argued that in order to “avoid disparity among defendants guilty of similar conduct,” Hariri should also receive a sentence below the guidelines, which call for a prison term of 24 to 30 months. In November, U.S. District Judge Richard Holwell sentenced Hariri to 18 months in prison. (Reporting by Andrew Longstreth; Editing by Eric Effron and Amy Stevens) Copyright 2010 Thomson Reuters. Click for Restrictions .

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iPhone Secrets Among Tips That Led To Arrests

December 16, 2010

NEW YORK — Federal prosecutors in Manhattan broadened their insider trading crackdown Thursday, arresting four people on charges alleging that so-called “expert consultants” revealed secrets about Apple Inc.’s iPhone and other technology products to hedge funds seeking a trading edge on quarterly earnings reports. The latest probe targeted Primary Global Research, a Mountain View, Calif.-based firm that offered consulting services to investors on industry trends, issues and regulations. Instead, prosecutors allege, firm executive James Fleishman used four consultants employed by publicly traded companies to create a corrupt clearinghouse for confidential information. Fleishman, 41, was charged with wire fraud and conspiracy. Three others, all outside “expert consultants” for Primary Global Research until earlier this year, were charged with wire fraud and conspiracy to commit securities fraud and wire fraud, according to papers filed in federal court in Manhattan. Fleishman helped arrange for Primary Global Research clients, including hedge funds, to speak with the consultants, the papers said. The clients were told about highly confidential Apple sales forecasts information, new product features for the iPhone and a top-secret project known internally at Apple as “K48,” which became the iPad, launched this year, the complaint said. The charges allege that a “corrupt network of insiders at some of the world’s leading technology companies served as so-called ‘consultants’ who sold out their employers by stealing and then peddling their valuable inside information,” U.S. Attorney Preet Bharara said in a statement. He said the allegations describe criminal conduct that went “well beyond any legitimate information-sharing or good faith business practice.” Primary Global Research paid four consultants more than $400,000 merely to participate in phone calls with their clients, “an indication of the value placed on the information,” said FBI Assistant Director Janice K. Fedarcyk. “This wasn’t market research. What the defendants did was purchase and sell insider information,” Fedarcyk said, adding: “Our investigation is most assuredly continuing.” The three consultants charged were Mark Anthony Longoria, 44, of Round Rock, Texas; Walter Shimoon, 39, of San Diego; and Manosha Karunatilaka, 37, of Marlborough, Mass. The prosecution is an offshoot of a probe of Galleon Funds founder Raj Rajaratnam and 22 others in which prosecutors made extensive use of wiretaps, which are more common in drug and organized crime investigations. Rajaratnam has pleaded not guilty and said he only traded with information available to the public. On wiretaps used to build evidence against those arrested Thursday, Fleishman and Longoria could be heard speaking about the Galleon probe, with Fleishman assuring Longoria that Galleon was not a client, according to court papers. The complaint said Longoria responded: “OK. Good. I wasn’t sure. I was, like, really getting nervous.” Richard Choo-Beng Lee, a former hedge fund co-manager who has pleaded guilty and is cooperating with the government, made some of the recordings, the complaint said. Investigators have learned from Lee that his hedge fund’s “practice was to have its employees call a firm consultant before the consultant’s employer was expected to release its quarterly earnings, in part to obtain inside information,” the complaint said. Longoria worked at Advanced Micro Devices Inc. as a supply chain manager, Shimoon worked at Flextronics International Limited as senior director of business development and Karunatilaka worked as an account manager at Taiwan Semiconductor Manufacturing Co. office in Burlington, Mass. The complaint said Shimoon illegally provided information about sales forecasts and new product features for Apple’s iPhone that had been given to employees of Flextronics, which worked with Apple on camera and charger components for the iPhone and iPod. It said he also spoke of the iPad project, saying on secretly recorded conversations with a government cooperating witness: “At Apple you can get fired for saying K48 … outside of a meeting that doesn’t have K48 people in it. That’s how crazy they are about it.” The complaint said Shimoon was also captured on wiretaps promising to get secrets about sales at Research In Motion Ltd., which makes Blackberrys. Shimoon has been terminated and Flextronics has clear policies prohibiting the release of confidential information about the company and its business partners, Flextronics said in a statement. It was not immediately clear who would represent Shimoon at an initial court appearance. For Karunatilaka, bail was set at $250,000 after an initial appearance in federal court in Boston. He was expected to be released Thursday. His lawyer, Brad Bailey, said he was reviewing the allegations against his client and would decide how to proceed. He said it was likely Karunatilaka would appear in Manhattan court sometime in January. Longoria appeared before U.S. Magistrate Judge Andrew W. Austin, Texas, who ordered him released on $50,000 unsecured bond and told him to surrender his expired passport. When asked if he was a flight risk, a tearful Longoria said no. “I’m not trying to fight this. I’m here to help. I’ve been cooperating on this from the beginning,” Longoria said. Longoria resigned Oct. 22 from AMD, where he had worked since 2007, said Mike Silverman, a company spokesman. “It appears that AMD is the victim of an insider trading scheme,” Silverman said. He added that AMD was cooperating with investigators. A lawyers for Fleishman did not return phone calls for comment. A fourth consultant for Primary Global Research, former Dell global supply manager Daniel Devore, pleaded guilty Dec. 10 to wire fraud and conspiracy charges in a cooperation deal that could win him leniency at sentencing, prosecutors also announced. His lawyer, John Sutton, declined to comment Thursday. In his plea, Devore told a judge that Primary Global Research paid him about $145,000 to share inside information with the firm’s clients and employees. “I knew that when I was misappropriating Dell’s confidential information and providing it to money managers, I was violating my duties of confidentiality and trust to Dell,” he said, according to a transcript. David Best, a Dell spokesman, said the company would cooperate with authorities. ___ Associated Press Writer Larry Neumeister in New York and AP Technology writers Jordan Robertson in San Francisco and Jessica Mintz in Seattle contributed to this report.

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PHOTOS: Banker Lands Interviews With Overzealous PowerPoint Presentation

December 2, 2010

Writing cover letters in PowerPoint apparently works wonders. An applicant for an analyst job at Citigroup scored an interview after submitting an 11-page Powerpoint presentation entitled “I’m Always Awake With Citi: 9 Reasons Why You SHOULD Hire Me As Your Investment Banking Analyst,” Dealbreaker reports. Bank of America and “several” other firms have reportedly also offered interviews. As Business Insider points out, the application demonstrates this person’s facility with the skills needed on the job — making PowerPoint presentations. That, combined with slide headings such as “SMART” and “MULTI TASK,” appears to be a winning strategy. The presentation isn’t without its flaws. “I’m good at finding mistakes in articles, spreadsheets, and programming codes,” it reads, amid sentences such as, “I am very excited about the fast-paced, people-oriented environment in Investment Banking where new things come up every day really obsesses me.” But these inconsistencies appear not to have mattered. Read the full presentation below:

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Markets Close Lower after FBI’s Insider Trading Probe

November 22, 2010

Markets Close Lower after FBI’s Insider Trading Probe

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Markets Close Lower after FBI’s Insider Trading Probe

November 22, 2010

Markets Close Lower after FBI’s Insider Trading Probe

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Markets Close Lower after FBI’s Insider Trading Probe

November 22, 2010

Markets Close Lower after FBI’s Insider Trading Probe

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Bull Vs. Bear: David Rosenberg, Jim Paulsen Square Off (VIDEO)

October 6, 2010

Bloomberg hosted the wonkish equivalent of the Ultimate Fighting Championship on Wednesday, which pitted a famously pessimistic economist against a famously optimistic one. Anchor Margaret Brennan played referee. (Scroll down for video.) Gluskin Sheff chief economist David Rosenberg had been speaking on Bloomberg TV when Brennan introduced Wells Capital chief investment strategist Jim Paulsen, whom she called a “bright, shining optimist.” With the bull released into the bear’s den, Brennan stepped aside and let them do battle. Paulsen began with a qualification (“It’s not like there aren’t issues and problems”) but soon launched into his main argument: The recovery only seems weak, and, compared to the previous two recoveries, in the early 1990s and early 2000s, it’s right on track. He took a subtle dig at the pessimistic “new normal” idea championed by Bill Gross and Mohamed El-Erian of Pimco, and said that in terms of real GDP, this recovery has been the strongest in 25 years. “I just think the attitudes are so much worse than the reality on the ground,” he said. “And that differential leaves a lot of room for stock prices to go higher.” Rosenberg was quick to respond, saying Paulsen was ignoring just how damaging this recent recession has been. The previous two recessions, which were followed by recoveries that Rosenberg likened to “a blink of an eye,” do not compare to this one. By focusing on GDP, Rosenberg said, Paulsen wasn’t taking a broad enough view. “Practically every single variable outside of exports is not anywhere even close to where it was in December 2007,” Rosenberg said. Paulsen again pointed to history, saying the GDP growth of the past 25 years has been slower than most people realize, so that the current seemingly weak growth isn’t actually that weak — relatively speaking. Rosenberg, for his part, said the government has “injected” “steroids” into the economy with the “most aggressive monetary, fiscal and bailout policy of all time,” and yet consumer confidence is anemic and unemployment is near 10 percent. Any positive development, Rosenberg said, has to be weighed against the fact that the economy currently does not “stand on its own two feet.” Brennan had to step in, and the session ended without compromise. When September’s unemployment data is released early Friday morning , one economist will be vindicated. This wasn’t the first time Rosenberg and Paulsen had faced off. In July, the Wall Street Journal published an interview with both of them, in which they expressed largely the same positions they did Wednesday. Paulsen said a major drain on the economy was the widespread bad attitude, calling the current age the “era of ‘irrational pessimism.’” In one of his daily letters last year (hat tip to Business Insider ), Rosenberg railed against Paulsen, whom Barron ‘s had recently called “a favorite market strategist,” claiming Paulsen had simply gotten lucky. WATCH the video below:

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Bill Singer: Insider Trading: Frequent Flyers, Potatoes and Macy’s

September 29, 2010

On March 25, 2010, BrokeAndBroker.com published a detailed analysis of Securities and Exchange Commission v. Igor Poteroba, Aleksey Koval and Alexander Vorobiev (SDNY March 24, 2010), available here , which alleged that Defendant Igor Poteroba, a high-ranking investment banker in UBS Securities LLC’s Global Healthcare Group in New York City, tipped his friend Defendant Aleksey Koval with highly confidential inside information about impending transactions involving pharmaceutical companies. Koval, who held positions at securities industry firms at the time, then traded in stocks and options of the companies targeted for acquisition. Koval also tipped their friend Defendant Alexander Vorobiev, who traded ahead of four of the deals. On September 21, 2010, a judgment was entered by consent against Poteroba, permanently enjoining him from future violations of Sections 10(b) and 14(e) of the Exchange Act and Rules 10b-5 and 14e-3 thereunder, in a civil action entitled Securities and Exchange Commission v. Igor Poteroba, et al., Civil Action Number 1:10-CV-2667, in the United States District Court for the Southern District of New York. On September 28, 2010, the SEC announced that Defendant Poteroba settled its charges against him, without admitting or denying the findings. In the Matter of Igor Poteroba, Respondent .(Order Instituting Administrative Proceedings Pursuant to Section 15(b) of the Securities Exchange Act of 1934 and Section 203(f) of the Investment Advisers Acto of 1940, Making Findings and Imposing Remedial Sanctions,Exchange Act Rel. No. 62999 / Investment Advisers Act Release No. 3089 / Administrative Proceeding File 3-14071, September 28, 2010). Pursuant to that settlement, Poteroba is barred from association with any broker, dealer, or investment adviser. Click here for more information. See my March 2010 article immediately below for background: Insider Trading: Frequent Flyers, Potatoes and Macy’s Written: March 25, 2010 http://www.brokeandbroker.com/index.php?a=blog&id=346 THE SEC CASE On March 24, 2010, the Securities and Exchange Commission (SEC) alleged in a Complaint filed in the United States District Court for the Southern District of New York that Defendant Igor Poteroba, a high-ranking investment banker in UBS Securities LLC’s Global Healthcare Group in New York City, tipped his friend Defendant Aleksey Koval with highly confidential inside information about impending transactions involving pharmaceutical companies. Koval, who held positions at securities industry firms at the time, then traded in stocks and options of the companies targeted for acquisition. Koval also tipped their friend Defendant Alexander Vorobiev, who traded ahead of four of the deals. The SEC further alleges that some of the insider trading was conducted through brokerage accounts held in the names of Tatiana Vorobieva (Vorobiev’s wife) and Anjali Walter (Koval’s wife) and that portions of the proceeds from the illicit trading were received by Vorobieva and Walter. Accordingly, Vorobieva and Walter are named as Relief Defendants to recover investor assets now in their possession. Securities and Exchange Commission v. Igor Poteroba, Aleksey Koval and Alexander Vorobiev (SDNY March 24, 2010) http://sec.gov/litigation/complaints/2010/comp-pr2010-44.pdf The Defendants Igor Poteroba , age 36, is a resident of Darien, Connecticut. He was born in Moscow, Russia, is a Russian citizen, and has green card immigration status. During the relevant period, Poteroba has been an investment banker in the Healthcare Group of UBS, where he has been employed since 1999. Since 2006 he was an Executive Director of the Healthcare Group. Aleksey Koval (a/k/a Alexei Koval), age 36, was a resident of Pasadena, California from mid-2006 through mid-2009. He was born in Kemerovo, Russia, is a Russian citizen, and has green card immigration status. From June 2000 until January 2006, he was employed by Citigroup Asset Management, a registered broker-dealer and investment adviser. From January 2006 until his termination in March 2009, Koval was employed by Western Asset Management, a registered investment adviser and a wholly-owned subsidiary of Legg Mason, Inc. Koval is currently employed with Northern Trust Bank in Chicago, Illinois. Alexander Vorobiev , age 34, is believed currently to reside in Russia and is a Russian citizen. From April 2001 through May 2008, Vorobiev resided in Toronto, Ontario, Canada. Relief Defendants Anjali Walter , age 35, is the wife of Koval and her last known address was in Pasadena, California. Tatiana Vorobieva , age 33, is the wife of Vorobiev. Her last known address was in Toronto, Ontario, but she is believed to currently reside in Russia. She is a Russian citizen. Prior Relationships Among Defendants Poteroba, Koval, and Vorobiev have known each other for more than ten years. Poteroba, Koval, and Vorobiev were born in Russia; Koval and Vorobiev were both born in the city of Kemerovo. Between 1992 and 1997, Poteroba, Koval, and Vorobiev attended the University of New Haven, in New Haven, Connecticut as undergraduates. Poteroba graduated in 1995, Koval left in 1996, and Vorobiev graduated in 1997. Poteroba and Koval shared a common residence address during part of this time. Between 1995 and 1998, Poteroba and Koval were enrolled in the MBA program at Baruch College in New York City. Poteroba received his MBA degree in 1997, and Koval received his the following year. At various times between 1997 through 2008, Vorobiev has used as his mailing address a number of the residences in New York and New Jersey where Poteroba and Koval resided, together or separately. Trading Accounts From at least 2005 to the present, Koval traded in the tipped securities in an on-line brokerage account maintained in Vorobiev’s name. This account was initially maintained at RushTrade Securities. RushTrade acquired Terra Nova Financial, LLC in 2006, and named the combined entity Terra Nova Financial (hereinafter, both RushTrade and Terra Nova are collectively referred to as “Terra Nova”). The account records for Vorobiev’s brokerage account at Terra Nova (the “Terra Nova Account”) show that Koval has never been formally authorized to trade in Vorobiev’s Terra Nova Account. Despite this, on numerous occasions over a period of at least four years, Koval has accessed the Terra Nova Account and executed trades in the tipped securities. Since 2005, both Vorobiev and Koval have transferred funds into and out of the Terra Nova Account. Further, from January 2008 to the present, Koval has withdrawn a total of nearly $125,000 in regular monthly withdrawals from Vorobiev’s Terra Nova Account. Targeted Companies Guilford Pharmaceuticals, Inc. ID Biomedical Corp. Molecular Devices Corp. ViaCell, Inc. Radiation Therapy Services, Inc. Datascope Corp. Millennium Pharmaceuticals, Inc. Sciele Pharma, Inc. Indevus Pharmaceuticals, Inc. Advanced Medical Optics, Inc. PharmaNet Development Group, Inc. UBS’s Healthcare Group was retained by one of the parties as a financial adviser in ten of the eleven Business Combinations identified in the Complaint, and in regard to the eleventh Business Combination, UBS sought, but ultimately failed, to be retained as an adviser to one of the participating entities. The Complaint alleges that the insider trading netted approximately $1 million in illicit profits by trading ahead of at least 11 mergers, acquisitions, and other corporate deals. The Not-So Clever Code Among the means of communication allegedly used to illegally tip and trade on the inside information were coded e-mail messages that referred to securities and money as “frequent flyer miles” and “potatoes.” They coded one e-mail exchange about insider trading as a discussion about a Macy’s wedding registry. Frequent Flyer Miles : The SEC alleges that the scheme began as early as July 2005 when Poteroba illegally tipped Koval in advance of the acquisition of Guilford Pharmaceuticals Inc. by MGI Pharma. Poteroba later sent a coded e-mail to Koval about the insider trading opportunity, signaling that Poteroba had previously given money to Koval and wanted to use those funds in this transaction: Poteroba : Keep me posted as to how * * * [m]any frequent flier miles you’ve got this far and how many you plan to get by Friday[.] Will be in Boston tomorrow[.] Plans for a trip look fine so far[.] Worst case we can get a refund by Monday, hopefully we do not[.] Koval : As I mentioned, I just got into this frequent flyer program. I got five thousand of sign-in bonus miles but thinking maybe if I fly often, I will get additional three to five K miles. Poteroba : On the frequent flyer program topic you mentioned, I think you should sign up for another flight, if you can, since they are providing bonus mileage soon[.] According to the SEC’s Complaint, Koval wired $5,000 into a brokerage account of Vorobiev that had been inactive for nearly six months. Koval then bought 2,100 shares of Guilford stock in the account at a total cost of $4,983. Both monetary amounts are consistent with the amount of 5,000 “sign-in bonus miles” referred to in the coded e-mails. A few days later, Koval wired an additional $4,800 into Vorobiev’s account and purchased an additional 2,030 shares of Guilford stock at a cost of $4,780. The money transfer and subsequent stock purchases are consistent with Koval’s coded statement that he “will get additional three to five K miles.” On July 21, 2005, Guilford publicly announced that it would be acquired by MGI Pharma, and Guilford’s stock closed 41 percent higher than the increase over the prior day’s closing price. That same day, Koval and Vorobiev sold most or all of the Guilford stock in their accounts as well as Guilford shares in a brokerage account in the name of Vorobiev’s wife. Potatoes : Allegedly, after Poteroba illegally tipped Koval with material, nonpublic information concerning ID Biomedical Corporation’s plans to be acquired, they exchanged instructions by referring to money as potatoes: Subject Line : Potatoes Poteroba : Let me know if you finished your recent harvest arrangements and how many kilos are available for my parents. They are in Turkey now and could use some once they are back. Koval : This year the potato yield was not as high as the last one. Whatever is collected is now being transported in the warehouse, with special climate conditions, from where it is going to be available for delivery. My estimates are about 6.8 kilo per square yard. …Of course, some potato [sic] need to be left for the next year [sic] seeds [sic] but it should not be a concern since I have a vendor who will provide enough once the spring comes. According to the SEC’s Complaint, the “6.8 kilo” figure is an approximate reference to $7,000 that had been wired out of a brokerage account two weeks earlier and subsequently returned. Macy’s : While allegedly conducting insider trading based on material, nonpublic information about an acquisition involving Molecular Devices Corporation, the following emails referencing a Macy’s wedding registry were exchanged: Subject Line : Let me know if you’ve started your wedding registry at Macy’s Poteroba : Happy to talk about sales items and etc. … sale ends soon …so hurry up. Koval : Yep, I have set it up. Better do it now when they have [a] sale. I could not believe how many things one needs once engaged. Single life was much easier if you ask me. It is always [a] good idea to know about coupons available. I try to follow up on the rebates programs currently in place but often miss many due to lack of time. Thanks for pointing it out to me. … Although wedding day is not yet announced, I hope to get all the important items ahead of time: I even started buying small things that [are] usually not important until you need them. Poteroba : Good points…sale ends on Friday…see if you can get registered for as many items as possible…more you get now…more you save…We should start tracking these events more actively. According to the SEC’s Complaint, Poteroba and Koval exchanged the coded messages to signal that Koval should purchase Molecular securities (“get registered for as many items as possible”) and that the opportunity to buy Molecular securities prior to the public announcement would last until Friday, Jan. 26, 2007 (“sale ends on Friday”). Charges The SEC’s Complaint charges Poteroba, Koval, and Vorobiev with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10-b5 thereunder, the general antifraud provisions of the federal securities laws, and Section 14(e) of the Exchange Act and Rule 14e-3 thereunder, the tender offer fraud provisions. The Commission seeks permanent injunctive relief, disgorgement of illicit profits with prejudgment interest, and the imposition of financial penalties against the defendants, and disgorgement of illicit profits with prejudgment interest from the relief defendants. Please remember that the above allegations are merely that, and all Defendants are presumed innocent until proven guilty. THE CRIMINAL CASE On March 24, 2010, Preet Bharara, the United States Attorney for the Southern District of New York, announced the arrests of Igor Poteroba and Alexei P. Koval for their alleged participation in an insider trading scheme. As set forth in a four-count criminal Complaint, from 2005 through at least February 2009, Poteroba allegedly agreed to leak confidential information about UBS and six of itsclients to Koval. See, http://www.justice.gov/usao/nys/pressreleases/March10/poteroboigoretalcomplaintpr.pdf The information related to forthcoming announcements about mergers or acquisitions involving the following six publicly traded healthcare companies: Guilford Phar maceuticals, Inc., Molecular Devices Corporation, PharmaNetDevelopment Group, Inc., Via Cell, Inc., MillenniumPharmaceuticals, Inc., and Indevus Pharmaceuticals, Inc.(collectively, the “Healthcare Companies”). In violation of his duties of trust and confidence, Poteroba allegedly disclosed the UBS Inside Information to Koval, who in turn disclosed the UBS Inside Information to another co-conspirator(“CC-1″). Koval, CC-1, and others earned total profits of at least approximately $870,000 from the scheme. Poteroba and Koval each are charged with one count ofconspiracy to commit securities fraud and three counts of securities fraud. The conspiracy charge carries a maximum sentence of five years in prison and a maximum fine of the greater of $250,000, or twice the gross gain or gross loss fromthe offense. Each securities fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $5 million. Please remember that the above allegations are merely that, and all Defendants are presumed innocent until proven guilty . Given my role as a prominent critic of ineffective Wall Street regulation, it is all the more important that I avoid being merely a shrill voice that consistently but unfairly criticizes. Without question,the SEC Staff in Poteroba has done a superb job in drafting the Complaint and setting forth in compelling detail its case. Similarly, I compliment Preet Bharara and his staff for the presentation of their criminal case, and I would note the the US Attorney’s Office for the SDNY has been consistently outstanding in its handling of Wall Street misconduct under Mr. Bharara’s tenure. There are two critical goals inherent in regulating Wall Street. One, regulation must educate the public about the con artists and con games that seek to prey upon the unsuspecting. Two, regulation must educate the industry as to what happened, how it was detected, and suggest remedial measures to prevent a recurrence. For too many years, Wall Street’s regulators have not achieved those goals. Perhaps, in the face of public outrage, the tide is turning? The signs are encouraging but it’s still too early to tell. As I have often noted in the BrokeAndBroker Blog , Wall Street’s regulation is too often a game of hide-and-seek rather than a helpful roadmap. Modern day regulation is often typified by imprecise language, poorly drafted complaints and regulations, and an over-abundance of publicity-seeking bosses who steal the limelight from their hard working staff. When I see regulators espousing the highest standards of professionalism, as evidenced in the SEC’s and the US Attorney’s respective Poteroba cases, I am encouraged that maybe, just maybe, there is hope. Please, keep up the good work.

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Video: Rattner Says U.S. Made `Right Decision’ on Chrysler: Video

September 21, 2010

Sept. 21 (Bloomberg) — Steven Rattner, the former head of President Barack Obama’s automotive task force and co-founder of private-equity firm Quadrangle Group LLC, discusses the government bailouts of Chrysler Group LLC and General Motors Co. Rattner is the author of “Overhaul: An Insider’s Account of the Obama Administration’s Emergency Rescue of the Auto Industry.” He speaks with Deirdre Bolton on Bloomberg Television’s “InsideTrack.” (This report is an excerpt. Source: Bloomberg)

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Disney Insider Trading Case: Defendants Plead Guilty

August 23, 2010

NEW YORK — A man charged with selling secrets about finances at Walt Disney Co. pleaded guilty in federal court Monday to wire fraud charges and conspiracy to commit securities fraud. Yonni Sebbag, a citizen of Morocco, and his girlfriend, former Disney employee Bonnie Hoxie, were arrested in California in May in the insider trading case filed in New York. “I agreed with others to commit securities and wire fraud,” Sebbag, 30, said in court, reading from a statement. “As part of this, I disclosed material and non-public information about the Walt Disney company to outside investors.” The government said the pair arranged for anonymous letters to be sent in early March to dozens of hedge funds and other investment companies, many of which were in Manhattan, offering to sell secrets. Most of the hedge funds and companies that received the offers notified the FBI. Federal agents then posed as hedge fund traders and offered to buy the information from Sebbag and Hoxie, prosecutors said. Before Disney’s May 11 earnings report, the couple sent FBI agents a copy of a 107-page document titled: “The Walt Disney Company Q2 Fiscal 2010 Key Topics Speaking Points,” prosecutors said. The pair notified agents two hours before the public earnings announcement that Disney’s results would exceed stock analysts’ expectations. Sebbag said Monday that he was paid $15,000 for the information when he met two undercover FBI agents in New York, and was ordered to return the money. Prosecutors said he agreed to provide similar confidential information in the future in return for a 30 percent share of any profits from early trades. Sebbag has been held without bail in Manhattan because he was deemed a flight risk. Sentencing was set for Nov. 16. Though the charges carry a potential penalty of up to 25 years in prison, a plea agreement recommends that the judge impose a prison sentence of two years and three months to two years and nine months. Prosecutors said Hoxie, who had been employed at Disney since Dec. 18, 2007, obtained information, like Disney’s quarterly earnings, before the results were publicly released and fed the information to Sebbag, who tried to sell the tips to at least 33 investment companies. Hoxie’s case is still pending. She remains out on bail. Shares of Walt Disney Co. were down 14 cents at $13.91 in late morning trading in New York.

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Mark Goulston, M.D.: MBA at the Crossroads — Transactional Myopia or Transformational Vision

August 19, 2010

Twenty years ago a native from Africa was visiting Manhattan and was asked: “What do you think?” He replied: “They don’t see the sky.” The same native returned recently and was asked the same question. This time he replied: “They don’t see each other.” If “the sky” represents a noble vision that creates a better world that will lift all boats and peoples to serve everyone better and if “not seeing each other” means that caring relationships have been replaced by transactions, then one group that is greatly responsible for this are MBA’s from the last twenty years.

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Diane Francis: SEC and Bounty Hunters

August 11, 2010

Hell hath no fury like a woman scorned? The ex-wife of a hedge fund guy in the U.S. just got $1 million from the Securities and Exchange Commission for handing over information about his insider trading. This is a record payment to an informant, but the first of many. The new rigorous financial reforms that begin next month in the U.S. contain a provision for huge payouts to whistleblowers. It’s a street-smart, but controversial, law enforcement tool which has been used by police and prosecutors in criminal investigations forever. But payouts have been relatively smaller than what’s budgeted for in this new basket of reforms. The SEC will be armed with a generous pay scale to tout in order to attract informants. A “snitch” fund. It will be based on a sliding scale starting with a minimum payout of $100,000 if the SEC reaches a settlement worth more than $1 million. This amounts to a 10% commission and will decline as the settlements rise. For instance, the hedgie’s ex-wife got her million dollars because her information led to a $28-million settlement. The idea is a good one but not a new one. The first white collar crime reward for whistleblowers was instituted during the Civil War when government procurement contracts were riddled with fraud or were illegally granted as a result of bribes or kickbacks. Given the especially bad behavior throughout the world’s financial system, regulators in all countries should look at adopting the same methods. Even in Canada the Good. There’s little doubt that the financial shenanigans in the past will guarantee that the SEC will be inundated with disaffected, discharged or crank employees, brokers, accountants and others, newly motivated to reveal wrongdoing. There will be a “snitch” line and it will be working overtime on Wall Street. And the snitching won’t be restricted to American misdeeds due to the enmeshment of the world’s banks and markets globally. So a tipoff south of the border may lead to trouble for people in other countries where the information will be shared. The SEC is gearing up for this and will have to create a division of people who must verify and evaluate the quality of information sure to pour in. Some Congressional members attacked this technique as immoral, but others argued that the greater immorality would be to do nothing to entice high-level information. The 10% commission was established, and is unusually high, in order to encourage highly paid executives and professionals to come forward. Targets of interest are derivatives and false filings by listed corporations. Riches for ratting promises to become a new industry. Banking “bounty hunters” will spring forth and help find people who have information, tell authorities and then split the reward. From now on crime pays for the good guys as well as the baddies. Diane Francis blogs on The Financial Post.

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Prop Traders Being Reassigned In Wake Of Volcker Rule

July 28, 2010

A Fox Business report on Tuesday evening made backers of the Volcker Rule nervous that big banks had already found a way to trade taxpayer-backed money for their own profit in opposition to the intention of the new law. A closer look, however, at recent moves by major banks shows that they appear to be complying with the law for now. From Fox Business: Goldman Sachs (GS: 147.93 ,+0.84 ,+0.57%) has figured out a novel approach to getting around the Volcker Rule’s restrictions on trading: it’s remaking its risk-taking traders into asset managers, and the rest of Wall Street may soon follow, FOX Business Network has learned. The big Wall Street firm has moved about half of its “proprietary” stock-trading operations — which had made market bets using the firm’s own capital — into its asset management division, where these traders can talk to Goldman clients and then place their market bets. The move is designed to exploit a loophole in the Volcker Rule, part of the recently signed financial-reform legislation named after presidential economic adviser and former Federal Reserve chief Paul Volcker. Business Insider then picked up the story: It seems like Goldman isn’t just circumventing the rule, but actually changing the role of prop traders. You’d assume that instead of trading with the firm’s money on prop trading desks, the traders will be trading with the firm’s clients’ money on the asset management team. But proprietary trading can easily become related to client operations and very closely resemble the prop trading done on strictly defined “prop trading” desks. Thanks to a line in the Volcker Rule which specifies trading “operations unrelated to customer operations,” as long as the “prop trading” is done for client-related purposes, it’s OK. While the original legislation allowed banks to do prop trading “in facilitation of customer relations,” that language has since been removed to address concerns about the very kind of loophole now being explored. Removing that line stripped banks of a key weapon against the Volcker Rule. “We are in fact pleased with the development because it shows how strong the Volcker Rule is,” said a Senate Democratic aide who’d been involved in drafting the legislation. “These firms are moving their traders into their asset management division because they recognize that these traders can no longer engage in prop trading but rather must trade on behalf of customers — who can exercise real market discipline on those traders. That should lead to a significant reduction in risk to the financial system.” Indeed, now that prop trading has largely been banned, banks which intend to follow the law would either reassign these traders to other desks or lay them off. The law does allow firms to trade a small amount of taxpayer-backed capital for their own profit, fueling fears that banks would use the leeway to continue to trade large positions. But, noted the aide, “the mere fact that the firms are putting people in asset management is a good sign, not a bad one. The talk about loopholes and weak Volcker Rule is really just uninformed.” Bank of America, too, looks to be following the law, at least for now. From Fox: “There are some indications that BofA is following Goldman’s lead. A Bank of America spokesman says the firm has no plans to fire its proprietary traders because most of the business now involves dealing with customers, as opposed to traders coming up with their own market ideas and then using firm capital to trade.”

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Bill Singer: Moffat’s Sex. Nietzsche’s Memory.

July 12, 2010

It used to be sex, drugs, and rock ‘n roll — now it’s sex, drugs, rock ‘n roll, politics and Wall Street. For some reason, a lot of folks just get hung up about that sex thing. For example, consider the recent revelations about Robert Moffat, Jr., the former IBM vice President who was snared in the ongoing Galleon insider trading case. In a March 29, 2010 press release from the United States Attorney for the Southern District of New York: ” Former IBM Senior Vice President Pleads Guilty in Manhattan Federal Court to Insider Trading ,” we were told in matter-of-fact style that: From August to October 2008, MOFFAT engaged in an insider trading scheme in which MOFFAT obtained material,nonpublic information (“Inside Information”) relating to IBM,Advanced Micro Devices, Inc. (“AMD”) and Lenovo Group Ltd.(“Lenovo”), and provided it to DANIELLE CHIESI, a friend who worked during the relevant time period for New Castle Partners,an equity hedge fund group affiliated with JP Morgan Chase & Co. At the time of the conspiracy, MOFFAT was a Senior Vice President and Group Executive in IBM’s Systems and Technology Group. In addition, MOFFAT also served as a non-voting member of Lenovo’s Board of Directors. From August to October 2008, MOFFAT engaged in an insider trading scheme in which MOFFAT obtained material,nonpublic information (“Inside Information”) relating to IBM,Advanced Micro Devices, Inc. (“AMD”) and Lenovo Group Ltd.(“Lenovo”), and provided it to DANIELLE CHIESI, a friend who worked during the relevant time period for New Castle Partners,an equity hedge fund group affiliated with JP Morgan Chase & Co. . . [S]pecifically, in September 2008, MOFFAT provided Chiesi with Inside Information relating to IBM’s and Lenovo’s performance in the companies’ respective fiscal quarters ending in September 2008. In addition, in August and September 2008, MOFFAT provided CHIESI with Inside Information relating to a business deal pursuant to which AMD would spin off its manufacturing business into a separate entity. . . Ah yes, Danielle Chiesi was merely “a friend who worked during the relevant time period.” Frankly, there appears to have been quite a bit more to this story than what was disclosed in the criminal plea. Fortune magazine just published a compelling article: ” Dangerous liaisons at IBM: Inside the biggest hedge fund” insider-trading ring (By James Bandler with Doris Burke, July 6, 2010). In addition to the details of Moffat’s descent into the criminal conduct of insider trading, we are presented with a nuanced glimpse into his personal life — which includes his wife dealing with multiple sclerosis and a sexual relationship with Danielle Chiesi that began in 2003. Except, well, if you believe Moffat, it wasn’t really a sexual relationship — it wasn’t really about sex. No…not really. Consider this provocative paragraph from the Fortune article: In an interview with Fortune, Moffat came across as emotional, repentant, and chastened. He wept describing the embarrassment he’d brought upon IBM, his colleagues, and family. While he showed little self-pity, he rebuffed the notion that he hadn’t paid a price for his crimes, noting that by leaving IBM he was giving up an estimated $65 million in lost stock options and pension that he would have collected when he retired at 60. “The biggest thing I’ve lost,” he said, “is my reputation.” Moffat was not allowed by his lawyer to discuss his case or his relationship with Chiesi, but when told that Fortune intended to write about the affair, he said this: “Everyone wants to make this about sex. Danielle had an extensive network of business people. And she added clarity about what was going on in the business world…I know in my heart what this relationship was about: clarity in the business environment.” He may even believe that. I recently authored a column: ” Eliot Spitzer Leaves The Farm For Wall Street ” in which I considered yet another individual whose career arc descended into the abyss, and that figure also was embroiled in a sexual relationship outside his marriage. Frankly, it seems as if we’re faced with a pandemic of sexual affairs involving politicians — if memory serves me correct, in recent years we have had allegations of sexual affairs made against President Bill Clinton, Governor Eliot Spitzer, Governor Mark Sanford, Governor Jim McGreevey, Senator John Ensign, Senator David Vitter, Representative Mark Foley, Representative Vito Fossella, Mayor Kwame Kilpatrick, Mayor Gavin Newsome, and Mayor Antonio Villaraigosa and I’m sure that I’ve missed a number of other public figures, so, go ahead, fill in the blanks. Don’t get me wrong, I’m no prude. Sex is often as much about power as anything else and some folks are adrenaline junkies. Nonetheless, if it’s just about sex, then why won’t any of these folks just come out and say it, from day one, when they’re caught? Why is it always necessary to drag the humiliated spouse into the glare of the spotlight? Why is your downfall just another opportunity to stage a media event and to deliver a faux -sincere speech about your failure? I mean, seriously, can’t one of these jerks just stand before the cameras and say “I wanted to get laid. I got laid. I enjoyed it. I didn’t mean to hurt anyone. I’m sorry that I got caught.” All of which leads me back, albeit via a somewhat tortured path, to Mr. Moffat and his explanation in Fortune about his sexual affair with Ms. Chiesi. Frankly, I don’t understand Moffat’s explanation, the whole clarity in the business environment thing. Is he serious? Of course it was about sex. When things sound silly, they usually are. When desperate men seek justification for their stupidity, the explanations that they offer to us rarely ring true. Consider Bill Clinton’s now infamous January 26, 1998, statement that said, in part: [I] want you to listen to me. I’m going to say this again: I did not have sexual relations with that woman, Miss Lewinsky. I never told anybody to lie, not a single time; never. These allegations are false. And I need to go back to work for the American people. Thank you. Imagine how much more absurd that same statement would now seem, if the former President offered this version: [I] want you to listen to me. I’m going to say this again: I did not have sexual relations with that woman, Miss Lewinsky. Our relationship was about clarity in the business environment. I never told anybody to lie, not a single time; never. These allegations are false. And I need to go back to work for the American people. Thank you. Perhaps Nietzsche said it better: “I did that,” says my memory. “I could not have done that,” says my pride, and remains inexorable. Eventually — the memory yields. Aphorism 68, Beyond Good and Evil

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Alex Leo: ‘Den Of Thieves’: Why Regulators Should Be Cultural Kings

June 10, 2010

“It began quietly, gained momentum, turned into a torrent, and was soon generating millions–billions–in profit. It was so successful it seemed it couldn’t be stopped, regulated, or contained. Investors were lured by its siren song: higher profits with lower risk…The rich prospered and the gulf between them and the poor widened dramatically. Government reaped the growing tax revenues and otherwise did little or nothing…And then it all came to a halt. Experts turned out to be wrong. Once again, investors were reminded that higher returns are always accompanied by higher risk. The soaring values were illusory, simply the manifestation of another of history’s economic bubbles…” James Stewart could have easily been referring to the mortgage crisis that shook our economy, destroyed investor confidence and caused giant financial institutions to crumble in 2008, but he wasn’t. This excerpt comes from the author’s new introduction to his 1991 tome “Den of Thieves” that chronicles the rise of junk bonds in the 70s and 80s and the ensuing insider trading scandals. Now, one cannot argue with complete fairness that the insider trading scandals of the 80s that implicated dozens of high-powered Wall Streeters and their institutions wouldn’t have happened without the rise of junk bonds, but just as we saw in our modern crisis, it’s much easier to cheat when there’s so much money to cover one’s tracks (ahem, Madoff) and much more tempting to do so when so much is at stake (ahem, Goldman Sachs). Just as the as the 2000s were filled with investors and institutions who threw their weight behind high-risk mortgage securities, so the 80s were filled with investors clamoring for high-yield bonds. The man who pioneered the junk bond craze (and ultimately lead to the downfall of his firm, his friends and his company) was the one and only Michael Milken– a charismatic and focused figure that Stewart chronicles in his 600-page, brilliantly reported book. Much like subprime-mortgages, these below-investment-grade bonds proved to be a house of cards that eventually collapsed. We ignored our modern history and were therefore doomed to repeat it. What became clear in this book and in our current reality, is that no matter how institutions suffered or how cheats were forced to give back the money they stole, the American taxpayers were the victims of all the financial crimes and all the risky bets. In both scenarios, there were warning signs: Madoff had too-consistent returns, Dennis Levine (a ring leader in Stewart’s book) made uncannily-timed trades. The SEC was reportedly on to both long before any charges were brought. But the regulators were hamstrung. It’s hard to prove foul play, especially when the institutions you’re up against have unlimited funds and the best minds in the business. The government will never be able to compete monetarily for the best business minds, but it can offer something else: prestige. One of the heroes of Stewart’s book is Rudy Giuliani–a man who took on mob bosses and Wall Street bankers alike. He wanted a career in public office, he wanted to climb the ladder. If we as a country decide our regulators are our most important figures–ones who can protect us against catastrophes like oil leaks in the Gulf and being cheated by ponzi schemers–then we can decide to give them the power they deserve. We can make regulators revered positions like those in the U.S. Attorneys Office. We can give them access to major politicians and clout within their communities. This wouldn’t work if these people were just waiting out their regulatory positions until they could be a lobbyist in the private sector, but if we recruit hungry watchdogs who want a life in public sector they can apply the broken window theory to Wall Street–cracking down on the small crimes that lead to the large ones. It has become abundantly clear that regulation is a major if not the major issue in America. It’s no coincidence these crises took effect after deregulatory dynasties–those of Reagan and Bush. What is clear in “Den of Thieves,” clear in the Gulf and clear in our economy, is if our regulators aren’t as important, educated, and hungry as the people they’re regulating, Americans don’t have a chance.

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FSA Raids 16 Homes And Offices On Suspicion Of Hedge Fund Insider Trading

March 23, 2010

New York (HedgeCo.net) – In their first joint operation, the Financial Services Authority (FSA) and the Serious Organised Crime Agency (SOCA) have this morning searched 16 addresses in London, seizing documents and computers from both residential and business premises. Six men, including two senior professionals at leading city institutions and one city professional at a hedge fund have been arrested on suspicion of being involved in a sophisticated and long-running insider dealing ring, the FSA said in a statement. The operation was carried out by 143 FSA personnel together with officers from SOCA as part of a joint investigation that commenced in late 2007. The FSA alleges that the city professionals passed inside information to traders (either directly or via middlemen) who traded based on this information and have made significant profits as a result. The FSA has so far secured five sentences of imprisonment (one suspended) in relation to insider dealing: McQuoid and Melbourne in March 2009; Matthew and Neel Uberoi in November 2009 and Malcolm Calvert on 11 March 2010. The FSA is currently prosecuting three other insider dealing criminal cases: Andrew King, Andrew Rimmington and Michael McFall, with a trial date of 19 April 2010; Christian and Angie Littlewood and Neil Rollins, their trial dates are yet to be set. Alex Akesson Editor for HedgeCo.net alex@hedgeco.net HedgeCo.Net is a premier hedge fund database and community for qualified and accredited investors only. Membership in HedgeCo.net is FREE and EASY. We also offer FREE LISTINGS for Hedge Funds ! Tags: Hedge Fund Fraud , HedgeCo News Related posts No related posts.

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Charlie Cray: The Whistleblowers

February 17, 2010

“The Insider,” “Silkwood,” “All the President’s Men,” “Erin Brokovitch.” The amount of character and courage that it takes to blow the whistle on corporate crime and government corruption is obviously why so many good movies have been made and will continue to be made about whistleblowers. Enough to fill a virtual museum. In this past year alone, for example, we’ve seen The Informant! (a drama based on Mark Whitacre and ADM) and the fantastic just-released documentary, The Most Dangerous Man in America (a must-see doc about Daniel Ellsberg and the Pentagon Papers). Now — in just a few minutes actually — you can watch some of these true whistleblowers — live. Participant Media and the Government Accountability Project (one of the nation’s leading whistleblower rights groups) are launching a social action campaign called Anyone Can Whistle with a live panel discussion ( watch it live online starting at 7pm). The NY-based event features Mike German (who exposed the FBI’s use of illegal wiretaps); Daniel Ellsberg (the former Rand Corporation analyst who leaked the Pentagon Papers); Frank Serpico (yes, the same guy portrayed by Al Pacino in the 1973 film) and Dr. David Kessler (the former FDA head who challenged the tobacco industry). Sadly, one whistleblower who won’t be there is Bradley Birkenfeld , whose voluntary disclosures cracked the vault on Swiss bank secrecy, exposing tens of thousands of rich American tax dodgers. People like Birkenfeld and Ellsberg and Bunnatine Greenhouse (who blew the whistle on the illegal no-bid contracts given to Halliburton in Iraq) — should be treated like heroes, not pariahs, and certainly not like inmates. That’s why we need to help the National Whistleblower Center and the Government Accountability Project strengthen whistleblower rights .

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Adele Scheele: Acing the Interview When You’re Not the Interview Type: How to Un-stack the Deck

January 14, 2010

If you are artistic or technical, you probably hate being interviewed more than anyone else. Why? Because you are focused on the merits of your work; you measure your success by the sheer quality of your work. In that way, you are trapped like a Good Student who prepares exactly for the test’s questions. In school, giving those correct answers has always rewarded you with good grades and automatic promotion. And that has reinforced the idea that work is just like the big Test with right and wrong responses and therefore you will be taken care of by the system. But, work is not like school. To be hired or promoted, you need a lot more than right answers. In addition to displaying your talents and skills, you have to make your prospective employer fall in love with you. That’s right: an interview is more like a courtship than a test. And that’s good! Strategies to ace the interview: 1. Learn all you can about the organization. Look online for info and contacts. Find friends and colleagues who know people who work there. Talk to them; get the insider’s scoop on who they are looking for and what they expect. Uncover any similar interests between you and other employees. For example, did the interviewer(s) go to the same university that you did? Are they as crazy about soccer or jazz or vegetarianism as you are? The more you know about them before you walk in, the easier it will be for you to make the necessary and too often underestimated small talk. That bonding will open the door for them to like you back. That’s right: liking you is as important to them as needing your skills. There are many who can compete with your abilities, but employers are looking for a great fit. And if you are honest with yourself, so are you, even if you don’t recognize it yet. 2. Try to see a copy of someone’s resumé who works there so you that yours will line up. Look over your own resumé to expand your achievements and minimize small filler jobs you might have had along the way. Remember the old Johnny Mercer song: Accentuate the positive and eliminate the negative? Being too modest on a resume and in an interview is a mistake. 3. Weird as it will feel, make yourself rehearse out loud answers to the inevitable questions about who you are, what your talents and skills are, how you contributed to your prior company, why you want this job, and why you should be hired. You would make a mistake giving only short, simple answers. Instead, you have to create a script focusing on your best side. Don’t casually recite a list of where you were born and reared, what your major was, places you worked. You have to make meaning of your story. As enthusiastically as you can, share the discovery of your keenest interests, mentors who encouraged you, and projects that make you the proudest. That means you need to have at the tip of your tongue several explanations about you and your accomplishments. Your answers lie not in the facts alone, but in how they got shaped: your accidental discoveries, your support systems, your intellectual pursuits. 4. And ask for the job. If they say they are still interviewing, ask for their concerns about you so that you can address them right away. Make your luck happen!

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Don McNay: A Dream That Wall Street and Washington Answer to Main Street

January 10, 2010

We’re trapped in a world That’s troubled with pain. But as long as a man Has the strength to dream, He can redeem his soul and fly. – Elvis Presley Another scandal is breaking on Wall Street. When AIG was bailed out by the taxpayers, Timothy Geithner’s New York Federal Reserve allegedly told it to alter a Securities and Exchange Commission disclosure. The Federal Reserve bureaucrats did not want Americans to know that AIG was funneling some of the bailout money to pay off debts at Goldman Sachs. At 100 cents on the dollar. Geithner is now Secretary of the Treasury for the United States of America. His friend and predecessor was Henry “Hank” Paulson, who left his job at Goldman Sachs to become Secretary of the Treasury. There might be a connection here. A connection that cost American taxpayers billions of dollars. The same week AIG was bailed out, Paulson let Goldman’s rival, Lehman Brothers, go bankrupt. I guess Lehman didn’t owe Goldman Sachs any money. It looks like Paulson and Geithner took extra care, and apparently gave improper or illegal instructions, to make sure Goldman stockholders got the best of it. In the era of Watergate, what AIG and the New York Federal Reserve did was called a cover-up. People went to jail. President Nixon was forced to resign. It would seem that the AIG story could be bigger than Watergate. The amount of money involved is much larger. Normally when a public company lies on an SEC filing, like Enron did, you would be expecting regulators to be hauling people off to jail. If they were told to lie by government officials, the bureaucrats should be breaking rocks somewhere, too. But we are not seeing that on the AIG front. So far, at least. Insider Washington is blowing off the AIG story. The paper that broke the Watergate scandal, the Washington Post , has the AIG story buried on an inside page. Its lead story is whether or not Senator Harry Reid racially slurred President Obama two years ago. Whatever Reid said or didn’t say, taxpayer billions are not involved. The “watchdogs” in the Washington media have become so jaded about insider “back scratching” that something like the AIG scandal apparently doesn’t get their interest. When you read books like Andrew Ross Serkin’s Too Big Too Fail , you learn something that some of us figured out long ago — that Wall Street and Washington operate as an insider, “good old boys club.” The rest of America is not invited to the party. But the rest of America is expected to pick up the tab. Washington and Wall Street only think about Main Street when they fear that some non-insider might notice their actions. That is why the AIG cover-up was important. It was the type of outrageous act that might incite Americans to march on Washington and demand change. It takes a lot for the average American to get inspired into political action. Few people have the time. Most of us are busy earning a living, feeding our families and trying to figure out how to cope in a rapidly changing economy. For decades, the Washington and Wall Street crowd has counted on us being distracted. They have been able to pass legislation to help their insider pals, soak up campaign contributions and hope that we stay distracted with trivial issues and “gotcha” campaign ads. In the real lives of real Americans, what difference does it make what Harry Reid said two years ago? Please. I don’t care if we can’t find Obama’s birth certificate. If they boot him, Biden takes over. I don’t care what the father of Sarah Palin’s grandchild has to say about anything. Both stories have had way more “inside the beltway” attention than the possible cover-up at AIG and the Federal Reserve Board. Distracting us with meaningless trivia has worked for Washington and Wall Street for a long time. Then they pushed matters too far and let the economy go to hell. Once people started losing their jobs, their houses and their retirement plans, they got interested in Washington and Wall Street. And they don’t like what they are seeing. Peggy Noonan wrote a brilliant column in the Wall Street Journal about how President Obama has squandered his political capital on issues like health care reform and climate control, instead of focusing on the economy. Noonan, a Republican, notes that the Republicans have not been shining stars, either. The GOP strategy has been to let Obama fail but not to offer alternative ideas. Too much time is spent on gamesmanship. Not nearly enough is spent on solutions. Those of us on Main Street want to start hearing some answers. Or, at least, see a glimmer that the inside dealings between Wall Street and Washington are slowing down. Obama wants to blame George W. Bush’s administration. Bush wanted to blame Clinton. All are correct. Previous presidents screwed-up big time. It is time for someone to step up to the plate and start fixing the problems we have. I’m not looking for leadership from the insiders in either the Democratic or Republican parties. Both have the same fat cat campaign contributors. Both have former staff members, friends and family members who serve as lobbyists. Both have too much invested in the status quo. But there is an echo of hope coming from the outer fringes of both parties. Most great movements start on the fringes of the political spectrum and eventually become mainstream.Very often movements will boil under the surface and then flash in an instant. The civil rights movement sparked when a tired Rosa Parks refused to give up her seat on a Montgomery, Alabama bus. A conservative grassroots movement sprung up when CNBC commentator Rick Santelli sparked the Tea party movement with some heart-felt comments. I happened to be watching CNBC when Santelli made his remarks, and the reaction was stunning. He hit a nerve. Arianna Huffington is sparking a movement from the left side of the political spectrum. She is encouraging people to take all their money out of “too big to fail” banks and put them smaller banks in their communities. Arianna is on to something. Martin Luther King, Jr. organized a boycott of the buses in Montgomery after the Rosa Parks incident. He learned that when you smack a politician or business in the wallet, you get their attention. . I would like to participate in Arianna’s movement but I am way ahead of her. Since age 16, I have always banked in community banks. My first was the Bank of Ludlow, Kentucky. The bank president was a family friend. He taught us how to save and how to borrow responsibly. We knew the name of every person in the bank and they knew us. Ever since, I have managed to find banks where I have a personal relationship with the local president or a high ranking officer. Customer service makes up for not having a branch in Hong Kong. Also, community banks don’t have the ability to funnel tons of campaign money into Washington. As Arianna has pointed out, just getting the money out of the hands of Citigroup, Bank of America, Chase, Wells Fargo, and other “too big to fail” banks gives the average Americans leverage. The other thing that would give average Americans clout is tearing up their credit cards. Almost all credit cards are directly or indirectly issued by the big banks. I don’t see why banks need government bailouts when they are making 36% in interest and charging huge fees. You will be doing yourself, and all of America, a favor when you tell the credit card companies to kiss off. The Washington Post is telling us to not bother. A headline in the business section says, ” Ordinary Americans Lack the Power to Hurt the Big Banks .” The gist of the article is that banks are “too big for Americans to hurt.” Therefore, we shouldn’t even try. If the banks are supposedly so strong, why did they need the American taxpayers to bail them out last year? The article quoted a banking consultant and a guy who used to write for Portfolio magazine. Not exactly objective sources. I don’t think the Post is going to be picking up any Pulitzers for hard-hitting exposes on the bailout or AIG scandals. Like the rest of Washington, they hope those of us on Main Street will quietly go away. Something tells me it is not happening this time. Too many people are hurting. Washington and Wall Street keep ignoring Main Street and keep promoting their own agendas and funneling more money to their buddies. It has to stop. We can elect new leaders, make some noise and move our money to banks who appreciate us. Elvis Presley had it right. As long as people have the strength to dream, they can redeem their souls and fly. They can dream of honest government where the concerns of the average American are being heard. That dream comes from Americans voting at the ballot box, voting with their pocketbooks and voting by to move their money to banks that care. Elvis came from a small town and changed the entertainment world. If we are going to change the financial and political world, leadership needs to come from small towns too. Don McNay, CLU, ChFC, MSFS, CSSC is one of the world’s leading authorities in helping people deal with “Big Money” issues. McNay is an award winning, syndicated financial columnist and Huffington Post Contributor. He will be launching a syndicated radio show on the Wallingford Broadcasting network in the next few weeks. You can read more about Don at www.donmcnay.com McNay founded McNay Settlement Group, a structured settlement and financial consulting firm, in 1983 and Kentucky Guardianship Administrators LLC in 2000. You can read more about both at www.mcnay.com McNay has Master’s Degrees from Vanderbilt and the American College and is in the Eastern Kentucky University Hall of Distinguished Alumni. McNay has written two books. Most recent is Son of a Son of a Gambler: Winners, Losers and What to Do When You Win The Lottery McNay is a lifetime member of the Million Dollar Round Table and has four professional designations in the financial services field.

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Judge Rakoff Slaps Bank Of America Again – And Loves Ballroom Dancing (VIDEO)

January 5, 2010

Judge Jed S. Rakoff is at it again. In his latest salvo in Bank of America’s civil trial with the SEC over the Merrill Lynch bonus scandal, Judge Rakoff blasted the bank’s attempts to use news reports as evidence at trial. To recap, the SEC is suing Bank of America for misleading investors about its intentions to pay out year-end bonuses to Merrill Lynch employees. While it was buying Merrill, the bank maintained in its regulatory filings that no bonuses would go to Merrill workers. At issue in the most recent court proceedings is whether or not media reports of the bonuses could be used as evidence. According to this ruling , Bank of America is apparently arguing that, because several prominent media outlets reported that Merrill bonuses would be doled out, the bank was absolved of, um, having to tell the truth. From Rakoff’s ruling: “In effect, the bank is arguing that, even though it expressly warned its shareholders to disregard the media, it can now defend itself by asserting that a reasonable shareholder would have disregard these warnings and, by consulting the media, perceived that the bank’s alleged lies were immaterial. Even a zealous advocate might perceive that such an argument hints at hypocrisy. ” When he’s not in full-blown acerbic mode, Rakoff apparently enjoys cutting a rug. At the Business Insider , Erin Geiger Smith passes along this video. (Rakoff appears at the 1:50 mark.) WATCH: Get HuffPost Business On Facebook and Twitter !

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Cornering Rajaratnam Rekindles Dennis Levine in Taking Down Drexel Burnham

January 4, 2010

By David Scheer and Joshua Gallu Jan. 4 (Bloomberg) — Days after he was arrested in an insider-trading probe in 1986, investment banker Dennis Levine sequestered himself at his lawyer’s New York office to read the government’s evidence. As he finished, he gazed out a window some 30 floors up, silently urging himself to open it and jump. He didn’t. Instead, as recounted in his 1991 memoir, Levine came clean. He turned on his co-conspirators and cooperated with prosecutors, helping them build their case against arbitrager Ivan Boesky , who in turn led them to junk bond pioneer Michael Milken . The episode brought down Levine’s former employer, Drexel Burnham Lambert, and spawned new rules that changed the entire investment-banking industry. This time, the insider-trading allegations involve hedge funds, Bloomberg Markets reports in its February 2010 issue. Since federal agents in October arrested billionaire Raj Rajaratnam , co-founder of Galleon Group LLC, they’ve swept up about 20 alleged co-conspirators. And they’ve set in motion a chain of events like those Levine was a part of, securities lawyers say. Some of the people involved so far will give up more traders and tipsters to help prosecutors expand their case — and help themselves avoid harsh punishments. “Your ticket to freedom is as much information and as many people as you can turn over,” says Seth Taube , a former Securities and Exchange Commission attorney and federal prosecutor who’s now at Baker Botts LLP in New York. Warning to Insiders The officials in charge of the Galleon investigation have signaled that the case will grow. U.S. Attorney Preet Bharara , at a Nov. 5 press conference, turned to a phalanx of television cameras and warned: “If you or someone you know has been involved in insider-trading activity, or traded on inside information, you should contact us. I urge you to knock on our door before we come knocking on yours.” Each person caught up in the Galleon case can potentially lead to several more, says James Cox , a securities law professor at Duke University in Durham, North Carolina. “Everyone targeted in the investigation is going to be squeezed to the limit to implicate people,” he says. People who see acquaintances caught up in the scandal may conclude that they’re next, says Bill Mateja , a former Justice Department lawyer now at Fish & Richardson PC in Dallas. “This will go down as a seminal insider-trading case,” he says, and prosecutors are broadening their reach. “I can guarantee their tentacles go well beyond what you see on paper.” Biggest Since Boesky The arrest of Rajaratnam heralds the biggest insider case since Boesky’s, which ended in 1990 with Milken pleading guilty to six felonies for securities rule violations (although he wasn’t convicted for trading on nonpublic information). The defendants form alleged networks of fund employees, financial professionals and former executives at companies such as Intel Corp. and International Business Machines Corp. Investigators, basing their cases in part on wiretaps, say the participants relied on insider information for trades that yielded at least $53 million in illegal profits. Rajaratnam and Danielle Chiesi , who prosecutors say conspired with him, pleaded not guilty on Dec. 21. The technology company executives have said they did nothing illegal, and their employers have not been accused of wrongdoing. The Galleon charges may spur lawmakers to push for insider- trading rules aimed specifically at hedge funds, Cox says. When the government went after Boesky, Milken and Drexel, legislation followed. A 1988 measure forced securities firms to enact policies for protecting secrets and subjected them to stiffer penalties if their employees were caught in wrongdoing. Subpoenas Sent In the end, the ability of regulators and law enforcement officials to show that the misdeeds were widespread may determine what changes result from the Galleon prosecution. Since Rajaratnam’s arrest, the SEC has sent more than three dozen subpoenas to brokerages, hedge funds and other investors about well-timed bets linked to corporate takeovers in the health-care and retail industries, two people familiar with the matter say. Investigators are examining how groups of investors appeared to reap profits on similar deals, according to the people, who asked to remain anonymous because the probe isn’t public. While this type of examination can arise from monitoring stock- and derivatives-trading patterns, the cooperation of people who were involved can make or break a case. The subpoenas don’t stem from the Galleon case, although there may be ties to it, one of the people says. Whatever laws or regulations may come, the Galleon case is already changing behavior. Attorneys who provide advice to hedge fund firms on complying with securities rules say managers are reviewing practices and updating their training. Fine Line Hedge fund managers and analysts walk a fine line, says Tom Hanusik , a former Justice Department and SEC lawyer who’s now at Crowell & Moring LLP in Washington. They want good contacts among investment bankers and corporate executives. “Analysts use all sorts of sources,” Hanusik says. They have to be careful not to cross the line and use intelligence in a way that constitutes insider trading, he says. The Galleon case is likely to help shift the line, Hanusik says. “The landscape is certainly going to change as to what the elements of an insider-trading offense are.” Investors, meanwhile, know that a hedge fund can be crippled once prosecutors target the managers, says Nicola Ralston , co-founder of London-based PiRho Investment Consulting Ltd., which advises clients on investing in hedge funds. With the Galleon case pending, and perhaps growing, investors are demanding to know about funds’ safeguards, she says: “No investors can detect insider trading, no matter how hard they try, but they are asking more questions now and seeking more comfort on where managers are getting their information from and how they get their edge.” To contact the reporters on this story: David Scheer in New York at dscheer@bloomberg.net ; Joshua Gallu in Washington at jgallu@bloomberg.net .

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Health Insurance Company Stocks "On Fire" As Reform Bill Is Weakened

December 18, 2009

So screams the Business Insider . If you need a guide to the health reform debate in Washington, take a look at health insurance company stocks. When the debate is going the right way — towards quality, affordable health care for everyone, towards getting people out from under the insurance industry’s crushing monopoly — insurance company stocks take a dive. When the debate is moving against what America wants — towards more private industry, less insurance regulations, and the like — health care stocks soar.

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REAL ESTATE INVESTMENT SPECIALIST RICK BEAN JOINS LACKMAN COMMERCIAL GROUP (dBusinessNews.com)

December 1, 2009

Scottsdale – Rick Bean, investment specialist and author of the MultiFamily Insider Report, has joined Lackman Commercial Group in Portland, OR. Bean’s previous experience includes 2 ½ years as an investment advisor for a $750 million portfolio.

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REAL ESTATE INVESTMENT SPECIALIST RICK BEAN JOINS LACKMAN COMMERCIAL GROUP (dBusinessNews.com)

December 1, 2009

Scottsdale – Rick Bean, investment specialist and author of the MultiFamily Insider Report, has joined Lackman Commercial Group in Portland, OR. Bean’s previous experience includes 2 ½ years as an investment advisor for a $750 million portfolio.

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Video: Laurie Schacht Discusses Top Toys for Holiday Season: Video

November 27, 2009

Nov. 27 (Bloomberg) — Laurie Schacht, co-publisher of “The Toy Insider,” talks with Bloomberg’s Jon Erlichman about the outlook for popular toys during the 2009 holiday shopping season. (Source: Bloomberg)

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Woman Who Sank Galleon Was Beauty-Queen-Turned-Analyst Insider

November 23, 2009

By Anthony Effinger, Katherine Burton and Ian King Nov. 23 (Bloomberg) — Danielle Chiesi spent a lot of time in hotel ballrooms and bars during the past decade. As an analyst at New Castle Funds LLC, a New York hedge fund firm that manages about $1 billion, she was a regular at conferences on technology stocks, where she could get face time with executives and press them on how many microprocessors and how much software they were shipping that quarter. Chiesi wore short skirts and low-cut tops, according to people who saw her over the years. One ploy was to go barhopping with a group, and then peel someone off to talk to on the dance floor, says a person who attended conferences with her. A blond, blue-eyed former teenage beauty queen, Chiesi used her sexuality to build sources at male-dominated tech companies, says Deborah Stapleton , president of Stapleton Communications Inc., an investor relations company in Palo Alto, California. “It amazes me that grown, wealthy, successful, hardworking men fell for that,” Stapleton says. Chiesi was proud of her network, too. “She bragged about her contacts in public,” Stapleton says. “She was like a teenager who wanted everyone to know she knew some rock star.” U.S. authorities say Chiesi, 44, crossed the line in her pursuit of secrets. They charged her and 19 others with securities fraud in the largest insider-trading case prosecuted since the 1980s, when stock market arbitrager Ivan Boesky paid a $100 million fine and spent three years in prison. Sorority Sister Chiesi, they say, got tips from executives at technology companies and passed them along to other hedge fund managers, including Raj Rajaratnam , billionaire co-founder of New York- based Galleon Group LLC, who was also arrested in the case. Rajaratnam, who is liquidating his hedge funds, has denied wrongdoing. Chiesi’s lawyer, Alan Kaufman , says his client intends to plead innocent. The one-time sorority sister at the University of Colorado is a small fry compared with Rajaratnam, who managed $7 billion in 2008. Of all the alleged conspirators, though, she had the highest-placed sources. She was in regular contact with Hector Ruiz , Advanced Micro Devices Inc. ’s former chairman and chief executive officer, according to a person familiar with the investigation. Government prosecutors say she was friends with Robert Moffat , a senior vice president of International Business Machines Corp. , who was a candidate to succeed CEO Sam Palmisano . An unidentified family friend at Akamai Technologies Inc. allegedly gave her a tip so accurate that New Castle made more than $2.4 million in one week. Government Wiretaps The prosecution marks the first time the U.S. government has tapped phones to get evidence against hedge funds, the lightly regulated partnerships that control $1.4 trillion. After two rounds of arrests — one on Oct. 16 and another on Nov. 5 — Preet Bharara , U.S. attorney for the Southern District of New York, says he’s just getting started. “No one should assume that our aggressive policing of the hedge fund industry will stop at these two cases,” Bharara said at a press conference after the second roundup. Bharara’s promise of a wider crackdown has hedge fund managers thinking twice about picking up the phone, according to an executive at one multibillion-dollar fund. And everyone is wondering whose conversations will spill into the public domain next. Octopussy The ones released so far show that Chiesi may have been the most aggressive of those charged when it came to pursuing tips and tipsters. Her only competition is Zvi Goffer , 33, a former trader at Schottenfeld Group LLC in New York known to some members of the ring as Octopussy, a nod to the 1983 James Bond movie starring Roger Moore , “because he had arms in so many sources of inside information,” according to a Nov. 5 complaint filed by the Securities and Exchange Commission, which is also pursuing the case. While Chiesi may have had fewer sources, they were well placed, and she worked them hard. She made plans to meet with IBM’s Moffat at her mother’s house in Sherman , Connecticut, on a Sunday, government wiretaps show. She talked into the evening with Ruiz from AMD, and she sought to re-establish the trust of the family friend at Akamai so she could pump him for information. Chiesi, one of only two women charged — the other is cooperating with prosecutors — sparred with Rajaratnam over who had the best sources. “I must defer to you on IBM,” Rajaratnam told Chiesi on a call taped by the Federal Bureau of Investigation on Sept. 23, 2008. “And Akamai, too,” Chiesi said. “But AMD?” said Rajaratnam. “Bring it on, baby.” Bear Stearns Inquiry Chiesi’s comments on wiretaps read like dialogue from a Quentin Tarantino movie. “Unless you were on the phone with (the AMD executive) and had Moffat at your house last night, who the f–k would be buying it, honestly?” she asked Mark Kurland , her boss at New Castle, about AMD on Sept. 9, 2008. Chiesi may have been breaking the rules for years. Officials at Bear Stearns Cos., which owned New Castle until January 2009, investigated Chiesi for insider trading at least once in the past five years, according to people familiar with the probe. They suspected Chiesi received nonpublic financial information from an executive at AMD, the Sunnyvale, California- based chipmaker. The investigation was inconclusive, the people say. Fishnet Stockings Kurland, managing general partner at New Castle, encouraged Chiesi’s source building, according to government wiretaps. “This is what I think you should do more of, what you’re doing more of now,” Kurland, 60, who was also arrested, said on a phone call taped on Aug. 22, 2008. “You know, get more relationships. Why don’t you just worry about getting the information, and don’t worry about the numbers.” Kurland declined to comment. The source building paid off: New Castle made $3.8 million in six months, starting in July 2008, using information gathered by Chiesi, the government says. And that’s only on the trades detailed by the U.S. Department of Justice. For someone allegedly dealing in illegal secrets, Chiesi didn’t care much about her cover. At conferences, she would brag in a loud voice that she could get AMD’s Ruiz on the phone anytime, according to a person who heard her. Such brashness was nothing new. When she worked at New York brokerage Furman Selz LLC in the early 1990s, she would show up in a tight red suit with red fishnet stockings, says a person who worked there at the time. She dated a man on the trading desk and didn’t try to hide it, the person says. Peach Melba Chiesi, who grew up in Binghamton, New York, is the daughter of an insurance executive and the granddaughter of a restaurateur, according to an obituary of her father published by the University of Michigan, his alma mater, after he died in 2002 at 65. Her grandfather, Swiss-born Alex Chiesi, studied with French chef Auguste Escoffier, who invented the Peach Melba dessert while running the restaurant at the Savoy Hotel in London in 1893. Alex moved to the U.S., where he owned several restaurants, including the Hapsburg House on East 55th Street in New York, according to the obituary. In 1956, Alex took his family on vacation in Europe. On the way home, his son, Alex Chiesi Jr., met a 17-year-old Italian woman named Gloria who was scheduled to take the SS Andrea Doria to the U.S. By luck, she missed its departure, according to the obituary. The Andrea Doria collided with the Swedish liner Stockholm and sank off Nantucket that July, killing 46 on the Andrea Doria and five on the Stockholm. Miss Southern Tier Alex Jr. and Gloria married in 1963. He became an executive at Binghamton-based Security Mutual Life Insurance Co . of New York, according to the obituary. The couple raised three children in New York state’s Southern Tier, the area along the Pennsylvania border. Their middle child, Danielle, was named Miss Southern Tier Teenager in 1981 and appeared in the local paper wearing a tiara. She went west for college, enrolling at the University of Colorado at Boulder, where she rushed the Pi Beta Phi sorority. “Danielle was really social, gregarious and popular,” says Stacey Maggio, a sorority sister. “She was a knockout with a big heart.” Chiesi graduated in 1988 with a bachelor’s degree in economics. She moved to New York, where she took a job at Mabon, Nugent & Co., a small brokerage. There, she got to know Kurland, then an analyst following paper and packaging companies, according to a person who worked at Mabon at the time. ‘Lunch Money’ Chiesi bounced around after Mabon. Her first stop was Furman Selz, one of the first brokers to target hedge funds as clients. In 1994, she landed at securities firm Arnhold & S. Bleichroeder Advisers LLC , where hedge fund legend George Soros worked from 1963 to 1973. In 1996, she joined Kurland, who had started New Castle a year earlier with another Mabon alumnus. The same year she joined New Castle, Chiesi divorced her husband, Brian Feeney, after a 16-month marriage. Kurland was head of research at the brokerage division of Bear Stearns before starting New Castle. “He wasn’t much of a stock picker when I was there,” says Tad LaFountain, an analyst who worked for him at Bear Stearns from 1993 to 1995. “I only would have given Mark my lunch money to invest if I had wanted to lose weight,” says LaFountain, who left the industry four years ago and lives in Princeton, New Jersey. ‘Top Ticked’ LaFountain says Kurland once prodded him to raise his rating on Vishay Intertechnology Inc. , a publicly traded electronics maker, in response to pressure from Bear Stearns’s investment bankers. LaFountain refused, and Kurland switched coverage of Vishay to another analyst who raised the rating, LaFountain says. Vishay picked Bear to manage the sale of 5 million shares at a split-adjusted $19.23 a share in September 1995. Vishay stock tumbled after the offering, touching $11.63 a share three months later. “They damn near top ticked it,” LaFountain says. As a technology analyst at New Castle, Chiesi spent much of her time visiting companies and contacts on the West Coast, according to former Bear Stearns employees. One of those contacts, says a person familiar with the matter, was Ruiz, 63, the former CEO of AMD, Intel Corp. ’s smaller competitor in the microprocessor market. AMD’s Ruiz Ruiz, who hasn’t been charged with any wrong-doing and who declined to comment through a spokesman, isn’t a child of privilege like Chiesi. A Mexican immigrant, he walked 45 minutes each way to high school in the south Texas town of Eagle Pass and graduated as valedictorian. He went on to get a doctorate in engineering in 1973 from Rice University in Houston and worked at Motorola Inc. for 23 years. He joined AMD in 2000 and succeeded founder Jerry Sanders as CEO two years later. Where Sanders was flashy — he wore handtailored suits, one of which had his name sewn over and over in faint pinstripes — Ruiz was staid. “He’s the quintessential engineer,” says Robert Enderle , a technology analyst at Enderle Group in San Jose, California. “He’s very comfortable in a pocket protector, not so comfortable in an Armani suit.” It isn’t known when Ruiz and Chiesi met, when he started sharing information with her, or why. Chiesi’s contact with someone at AMD prompted the Bear Stearns investigation of her trading, according to the people familiar with the probe. They say they didn’t know the executive’s identity. Kurland, Moffat While the investigation turned up nothing untoward, it did anger Kurland, the people say. Kurland suspected someone on Bear Stearns’s trading desk, which bought and sold stocks for all of the internal funds, of raising concerns about Chiesi’s sources. He pushed even harder for his own trading desk, something that he had long wanted, the people say. He also tried to promote Chiesi to senior managing director several times in recent years, they say. Each time, Bear Stearns turned him down. Mary Sedarat , a spokeswoman for JPMorgan Chase & Co., which bought Bear Stearns last year, declined to comment. Moffat, Chiesi’s alleged source at Armonk, New York-based computer-services provider IBM, was almost as valuable as Ruiz in terms of his clout. The 53-year-old senior vice president ran the systems and technology group, which had sales of $19 billion in 2008. “He’s a huge coup for me, having him at IBM,” Chiesi said on a taped call with Rajaratnam in September 2008. Galleon Boat Ride Chiesi met Rajaratnam at a conference about five years ago, according to a person familiar with the matter. They enjoyed the bull market together. On a 2007 boat ride around Manhattan hosted by Galleon, Chiesi danced suggestively, according to an attendee. On another occasion, Rajaratnam hired country singer Kenny Rogers to perform at a party. Chiesi brought her mother and was more restrained, an attendee says. For a hedge fund analyst, Chiesi had some unusual money problems. In 2006, the board at her co-operative apartment building at 418 E. 59th St. in New York requested an eviction warrant for nonpayment of an $11,301 debt, according to court records. On Aug. 12, 2008, in the midst of the alleged insider- trading spree that earned New Castle almost $4 million, the Internal Revenue Service filed a lien against her apartment for $63,226 in unpaid taxes. In 2000, New York courts issued a warrant for possession of an apartment she lived in at 333 East 56th St. for nonpayment of $5,223. ‘Gonna Guide Down’ Prosecutors say they’ve been investigating the insider- trading case since at least November 2007. The FBI got permission from a judge to tap Rajaratnam’s mobile phone on March 7, 2008, according to the government’s complaint. Agents started listening in time to hear Chiesi and Kurland make what was allegedly their biggest killing. Chiesi’s contact at Akamai called her cell phone at 8:52 p.m. on July 24, a Thursday, and said the Cambridge, Massachusetts-based company, the largest supplier of software and services to make Web sites load faster, was going to lower its earnings forecast when it reported results the following Wednesday. Chiesi hung up and called Kurland. Then she called Rajaratnam. “Akamai,” she said. “I’m trading it tomorrow. They’re gonna guide down. I just got a call from my guy.” The next morning, she called Steven Fortuna , 47, co-founder of S2 Capital Management LP, a hedge fund firm with offices in New York and in Boston, near where Fortuna lives. Shorting Akamai New Castle, Galleon and S2 all sold short Akamai shares. In a short sale, a trader borrows shares from an investor and sells them, hoping to buy them back at a lower price later, return the shares and keep the profit. New Castle also bought put options, giving it the right to sell a fixed number of Akamai shares at a certain price. Like a short sale, a put option is a bet that prices will fall. On Wednesday, July 30, after the market closed, Akamai cut its profit forecast to a range of $1.63 to $1.69 a share from an earlier $1.68 to $1.71 a share. Akamai shares took their biggest-ever tumble the next day, dropping 25 percent. New Castle covered its short position and sold its put options, making about $2.4 million, according to the Justice Department. Galleon made $3.5 million, and S2 made $2.4 million. Fortuna pleaded guilty to securities fraud and is cooperating with the government. New Castle also traded on AMD and IBM tips, the government says. Chiesi spoke with Ruiz in August 2008 about AMD’s plan to spin off its manufacturing plants, a move she expected would boost the company’s stock. New Castle bought at least 327,000 shares of AMD during a six-week period starting on Aug. 15. AMD Spinoff At one point, Chiesi became nervous, according to transcripts of her calls. Talking by phone with an unnamed person about the AMD spinoff, she said: “I swear to you in front of god, you put me in jail if you talk. I’m dead if this leaks. I really am. And my career is over. I’ll be like Martha f—ing Stewart.” Stewart, the homemaking media mogul, served five months in prison after a jury convicted her of lying to investigators about her sale of ImClone Systems Inc. shares in December 2001. AMD announced the spinoff and a $1 billion investment from the government of Abu Dhabi on Oct. 7, 2008. The deal allowed AMD to shed $1.2 billion of debt. That day, shares of AMD rose 36 cents, or 8.5 percent, to $4.59. The bump wasn’t enough to erase a previous decline caused by the credit crisis. New Castle lost at least $270,000, according to calculations based on prices it paid and received for the shares. IBM, Sun New Castle made at least two more winning trades, on IBM and Sun Microsystems Inc. On Jan. 8, 2009, Chiesi got two calls from Moffat’s phone number, according to U.S. authorities. The next day, New Castle started buying IBM shares, amassing 222,500 from that day to Jan. 20, when IBM reported earnings that beat analysts’ forecasts. A day later, New Castle started dumping about half of its shares, making $500,000, the government says. Moffat, a 31-year IBM veteran, allegedly helped with the Sun trade, too. He was on a team doing due diligence on the Santa Clara, California-based server-computer maker, which was up for sale, according to the Justice Department. Talking about Sun with an unnamed associate on Jan. 26, Chiesi said, “My IBM guy said that he thinks they’re gonna beat the quarter.” New Castle bought more than 1 million Sun shares at $3.80 to $4.28 a share on Jan. 26 and 27, when Sun reported its earnings, which did exceed forecasts. The fund sold its Sun shares and reaped $900,000, the government says. ‘Hell on Earth’ Ten months later, Chiesi’s fortunes turned. In photographs taken outside FBI headquarters in Manhattan on Oct. 16, her blond hair is cut short, she’s wearing a baggy white sweater and she appears haggard. Prosecutors asked a judge to require Chiesi to undergo drug testing and treatment as a condition of bail. “It’s not an issue in the case,” Kaufman, Chiesi’s lawyer, says. Chiesi’s mother, Gloria, says her daughter is innocent. “She is the most honest person in the world,” she says. “She is beautiful inside and out.” Danielle’s situation is terrible, though, Gloria says. “This is hell on earth,” she says. It could become hell for more people if the government’s insider-trading investigation widens. If that happens, the probe is unlikely to turn up anyone who did the job with Chiesi’s enthusiasm. Unless they get swept up in the case, the men who sell silicon chips and software will miss the exuberant blonde who lit up the dance floor at those industry events. To contact the reporters on this story: Anthony Effinger in Portland, Oregon, at aeffinger@bloomberg.net ; Katherine Burton in New York at kburton@bloomberg.net ; Ian King in San Francisco at ianking@bloomberg.net

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Bear Stearns Case Shows E-mail Isn’t Everything: Ann Woolner

November 11, 2009

Commentary by Ann Woolner Nov. 11 (Bloomberg) — Plenty of folks would like to jail anyone and everyone on Wall Street whose reckless conduct and lies to investors helped sink the economy and cost them their jobs, their homes and their retirement savings. All the better if these over-paid cowboys had anything to do with a hedge fund, which much of America considers mysterious and a path to riches out of reach of regular people. Federal jurors in Brooklyn had that chance in the fraud case against two former Bear Stearns Cos. hedge-fund managers. After three weeks of testimony and nine hours of deliberation, they declined. They didn’t go for the government’s claim that Ralph Cioffi and Matthew Tannin were telling investors one rosy thing about their funds and e-mailing each other the truth: That the funds were doomed. Investors lost $1.6 billion. Yesterday a jury found the pair not guilty of fraud and conspiracy. As rich a vein as e-mail offers prosecutors, it isn’t everything, not even in these angry times. Cyber messages tapped out so candidly, that looked so incriminating when disclosed in an indictment, looked grayer when offered in full and in context with other messages. “The e-mails went both ways,” the forewoman, Jenny McCaughey, said afterwards. Consider a memo that Tannin e-mailed to Cioffi in April 2007. “The sub-prime market looks pretty damn ugly,” he wrote. This worried him because their funds were loaded with securitized subprime assets. If internal analyses are right, “the entire subprime market is toast” and “we should close the funds now,” Tannin wrote. Jig Not Up Well, there you go. Clear evidence that even as he was taking in more investors’ money, Tannin knew the jig was up, right? Read on. It turns out he’s not sure those analyses are correct. Should he believe the optimists or the pessimists, he wonders. What’s a juror to make of that? The bulk of Tannin’s memo and of Cioiffi’s reply sounds negative, but there’s enough of a debate to leave jurors asking for something stronger. That’s the problem with counting on e-mail to carry your case. It seems to show true intent and frame of mind. But it’s a fleeting snap shot. Give jurors more snapshots, and they can’t say beyond reasonable doubt that the government’s interpretation is the right one. Quattrone Walked It’s true that prosecutors five years ago persuaded a federal jury in New York to convict high-tech investment banker Frank Quattrone of obstructing justice on the basis of one single e-mail sent among a flurry of them one Sunday afternoon. But Quattrone’s conviction didn’t stick and the verdict was set aside on appeal two years later. At least the insider trading cases brought last month against 20 hedge-fund managers, traders and corporate insiders involve actual conversations among the accused, thanks to wire taps. And five of the accused have pleaded guilty and are presumably spilling their guts. But then, the Cioffi and Tannin case sounded like a sure thing at first, too. “These two defendants lied to their investors to save their multimillion-dollar bonuses,” Assistant U.S. Attorney Patrick Sinclair told jurors when the case opened. Not even those bonuses could motivate jurors to convict once they began looking for more incriminating evidence than the government had. Wall Street Scapegoats Juror Serphaine Stimpson said afterwards she came into the case believing the pair was guilty. The more she heard, the more innocent they sounded. “They were scapegoats for Wall Street,” she said she concluded. “All eyes were on the trial, it’s Bear Stearns we’re talking about,” the 27-year-old Brooklyn College office coordinator pointed out. These two may still face wire-fraud charges in federal court in Manhattan. But if the government threw all it had into this first trial, and if this is the strongest case they had against Wall Street, then maybe anyone looking for more shoes to drop can come out of hiding. ( Ann Woolner is a Bloomberg News columnist. The opinions expressed are her own.) To contact the writer of this column: Ann Woolner in Atlanta at awoolner@bloomberg.net .

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Ropes & Gray’s Cutillo, Patent Lawyer, Accused of Fueling Insider Trading

November 6, 2009

By Linda Sandler and Carlyn Kolker Nov. 6 (Bloomberg) — When Bain Capital LLC said it would buy 3Com Corp. for 44 percent more than the stock price, one unexpected beneficiary was Arthur Cutillo , an associate at the Ropes & Gray LLP law firm advising the private-equity company, according to the FBI. Cutillo owned part of a 75,000-share 3Com stake bought using information he passed on ahead of the 2007 deal in exchange for kickbacks, according to court documents accusing the lawyer of securities fraud. The stock was sold at a profit before Boston-based Bain, whose affiliates run $60 billion in assets, backed away from the deal, the FBI said in a criminal complaint. Cutillo, 33, was one of 14 people charged yesterday as part of a probe of an alleged $20 million insider-trading scheme. Cutillo, one of those arrested yesterday, “fueled” the fraudulent trades by a ring led by Zvi Goffer , founder of Incremental Capital LLC, by selling nonpublic information about mergers his law firm advised on, prosecutors alleged. “That’s the ultimate betrayal of trust,” said Peter Henning , a legal ethics professor at Wayne State University Law School in Detroit and a former federal prosecutor. “The cornerstone of the legal profession is the attorney-client privilege; what you say to your lawyer is sacrosanct. If it happened, there couldn’t be any clearer violation of legal ethics rules.” Cutillo, a 2005 graduate of Villanova University law school, leaked information about at least four acquisitions or bids in 2007, according to a criminal complaint filed by the FBI. Cutillo gave the information to a friend, New York lawyer Jason Goldfarb, 31, who passed along the tips to Goffer, the FBI said. The Firm’s Clients Ropes & Gray’s clients in the transactions, Bain Capital and TPG Capital, are among the best-known private-equity firms. TPG Capital is a buyout group of TPG, based in Fort Worth, Texas, which is run by David Bonderman and James Coulter , with $45 billion in assets under management. Besides the 3Com deal, Ropes & Gray that year advised Silver Lake and TPG Capital on their purchase of Avaya Inc. , which offered shareholders a 28 percent premium over the trading price 10 days earlier, prosecutors said. The firm again provided advice to TPG Capital when the company bought Axcan Pharma Inc. for 28 percent more than the trading price. They also advised on the failed purchase of Alliance Data Systems Corp. by client Blackstone Group. Cutillo provided tips on all four, according to a civil complaint by the U.S. Securities and Exchange Commission, which sued him. Cutillo, with a master’s and a bachelor’s degree in chemical engineering, was an intellectual property litigator for Ropes & Gray, according to a biographical sketch on the firm’s Web site . IP Experts The firm’s intellectual property attorneys, who are experts on patent, trademark and copyright law, provided advice on due diligence and technical aspects of mergers and acquisitions, according to the site. The deals included Bain’s planned 3Com purchase and Silver Lake and TPG’s $8 billion acquisition of Avaya, two deals that Cutillo is accused of providing tips on, according to the site and prosecutors. IP attorneys can gain access to confidential deal documents if they advise on these transactions, M&A lawyers say. “The people on the front lines are the M&A lawyers, but in the background are all these other practice areas, including IP, who are also essential to the deal,” said Brian Hoffmann , an M&A attorney at law firm Clifford Chance LLP . Calls to Cutillo’s home in Ridgewood, New Jersey, weren’t answered and Cutillo’s phone number at Ropes & Gray was disconnected. “Disappointed” “We are deeply disappointed to learn about this situation, which suggests an extreme breach of this person’s duty of trust to our clients and to the firm,” Ropes & Gray said in a statement. The firm is cooperating with prosecutors, it said. Bain spokesman Alex Stanton and Owen Blicksilver , a TPG spokesman, declined to comment. Goffer worked at the brokerage Schottenfeld Group LLC, at the time of the alleged insider trades in 2007, prosecutors said. He later moved to Galleon Group, whose founder Raj Rajaratnam was accused Oct. 16 of being the leader of another insider-trading ring. Goffer paid tipsters like Cutillo for information on mergers and acquisitions, and gave them pre-paid mobile phones to try to avoid detection, taking a page from drug dealers’ tactics, the government said. Confidential Source Knowledge of Cutillo’s role in the Goffer ring was garnered from a “confidential source” wearing a hidden recording device, intercepted phone calls, phone records and other means, prosecutors said. Toll records and pen register data from June to October 2007 showed frequent calls had been made between phones used by Cutillo and Goldfarb, including “days of significance” relating to 3Com , prosecutors said. Intercepted phone calls confirmed Cutillo’s role in leaking inside information. Early in 2008, Goffer asked Goldfarb to get information on whether the 3Com deal would close. Goldfarb referred in the conversation to Cutillo as “Artie.” The criminal case is U.S. v. Goffer, 09-mag-02438, U.S. District Court, Southern District of New York (Manhattan). To contact the reporters on this story: Carlyn Kolker in New York at ckolker@bloomberg.net ; Linda Sandler in New York at lsandler@bloomberg.net .

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Hector Ruiz Will Leave Globalfoundries Amid Galleon Insider-Trading Case

November 2, 2009

By Ian King Nov. 2 (Bloomberg) — Hector Ruiz , the most prominent executive tied to the Galleon Group LLC insider-trading case, is stepping down as chairman of Globalfoundries Inc., a spinoff of Advanced Micro Devices Inc. Ruiz, 63, will be on leave of absence before resigning on Jan. 4, Globalfoundries said today in a statement. Ruiz is the AMD executive government prosecutors say provided nonpublic information to Danielle Chiesi , alleged to be part of the Galleon insider-trading ring, a person familiar with the matter said last week. Ruiz, who stepped down as AMD’s chief executive officer last year, was instrumental in the company’s plan to spin off its manufacturing plants, becoming chairman of Globalfoundries, the new company created from the deal. Chiesi allegedly traded on information about that transaction. “The shockwaves of this controversy seem to be extending really far,” said Charles Elson , chairman of the University of Delaware’s corporate-governance center in Newark, Delaware. “The higher the profile of the individual involved, the more vigilant the industry will become. It makes everyone else much more sensitive.” Prosecutors have released parts of recorded conversations between Chiesi, a former Bear Stearns Asset Management official, and an AMD executive, in which they allegedly discussed the timing of the spinoff of AMD’s plants. The unnamed executive told Chiesi about the transaction in September 2008, ahead of the announcement of the deal, according to court documents. No Charges Ruiz had already been planning to step down — he had submitted his resignation in September, which would take effect in January, Sunnyvale, California-based Globalfoundries said. Board member Alan E. Ross , the former CEO of Broadcom Corp., will replace Ruiz, serving as interim chairman until a permanent replacement is chosen by the board. Last week, International Business Machines Corp. replaced Senior Vice President Robert Moffat , who is accused by prosecutors of leaking information on the transaction that created Globalfoundries to Chiesi. Ruiz hasn’t been charged with wrongdoing in the case, and prosecutors don’t say he profited from insider trading. Jeremy Fielding of Finsbury Group, who is representing Ruiz, declined to comment. Globalfoundries hasn’t been approached as part of the investigation and isn’t conducting its own inquiry, spokesman Richard Mintz said. AMD isn’t commenting on the matter, said spokesman Drew Prairie . AMD, also based in Sunnyvale, rose 9 cents to $4.69 at 11:48 a.m. in New York Stock Exchange composite trading. The stock has more than doubled this year. ‘Dead if This Leaks’ The unnamed AMD executive allegedly told Chiesi that there was a 99 percent chance the plant-spinoff agreement would be disclosed before earnings were announced — a prediction that came true, prosecutors said. On Oct. 7, 2008, AMD said it would offload its manufacturing arm as part of an $8.4 billion investment from the Abu Dhabi government. The shares jumped 8.5 percent that day. AMD reported earnings on Oct. 16, 2008. According to one of the criminal complaints, Chiesi discussed the AMD transaction with a co-conspirator not named as a defendant on Aug. 27, 2008. “You just gotta trust me on this,” Chiesi is quoted as saying. “Here’s how scared I am about what I’m gonna tell you on AMD.” Chiesi and the co-conspirator talk a little more, prosecutors said, and Chiesi states, “I swear to you in front of god, you put me in jail if you talk.” Later, the government said, she’s quoted as saying: “I’m dead if this leaks. I really am… and my career is over. I’ll be like Martha f—ing Stewart.” Chiesi has denied any wrongdoing. Abu Dhabi Globalfoundries owns former AMD factories in Dresden, Germany, and is building a new plant in upstate New York. While AMD remains Globalfoundries’ largest customer, manufacturing all its computer processors, the company is trying to sign up other chipmakers that are outsourcing production. That strategy puts it into competition with Taiwan Semiconductor Manufacturing Co. and United Micro Electronics Co. , the two contract manufacturers of chips. In September, the Abu Dhabi government agreed to buy Singapore-based Chartered Semiconductor Manufacturing Ltd. to combine it with closely held Globalfoundries. In July, Globalfoundries announced it had signed up STMicroelectronics NV as its first customer beyond AMD. Immigrant to CEO Ruiz’s career has spanned more than 30 years at some of the world’s biggest semiconductor makers. A Mexican immigrant, he worked at Texas Instruments Inc. and then Motorola Inc. , where he became the head of its chip unit. AMD founder Jerry Sanders hired Ruiz from Motorola in 2000, grooming him as a successor. Ruiz had the top job at AMD from 2002 until Globalfoundries was created. AMD is Intel Corp. ’s only major competitor in the $32 billion market for personal computer microprocessors. Under Ruiz, AMD shares advanced to $42.10 in February 2006, before declining as Intel stepped up competition. The stock reached a low of $1.80 in November 2008. The stock fell almost 6 percent on Oct. 28, a day after the person familiar said Ruiz was the AMD executive cited in the insider-trading documents. Ruiz received total compensation of $2.97 million in 2008, the year he left AMD. That included $1.12 million in salary and $1.36 million in option awards, according to the company’s proxy filing . He also was awarded a retirement bonus of $4.4 million and got a lump-sum payment of $3 million for successfully completing the Globalfoundries spinoff. To contact the reporter on this story: Ian King in San Francisco at ianking@bloomberg.net

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State Street Is Sued by California for Overcharging State’s Pension Funds

October 20, 2009

By Joel Rosenblatt and Bob Van Voris Oct. 20 (Bloomberg) — California State Street Bank and Trust Co. sued to recover what officials said were more than $200 million in illegal overcharges and penalties owed to the state’s two largest pension funds for foreign currency trade fees. California Attorney General Jerry Brown today filed the suit in state court in Sacramento, the state capital, he said in an e-mailed statement . State Street, based in Boston, charged the California Public Employees’ Retirement System, the largest U.S. defined- benefit public pension fund, and the California State Teachers’ Retirement System rates that were at or near the highest interbank rate for the day instead of the rate at the precise time of the trades, the statement said. State Street is the world’s largest asset manager for institutions. The claims were first made in a whistleblower lawsuit filed under seal last year by Associates Against FX Insider Trading alleging the bank secretly marked up the price of interbank foreign currency trade, the statement said. The interbank rate is the price at which major banks buy and sell foreign currency. “We categorically deny any allegation of wrongdoing and will defend ourselves against any litigation,” State Street spokeswoman Carolyn Cichon said in a telephone interview about the California lawsuit. To contact the reporters on this story: Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net ; Bob Van Voris in New York at rvanvoris@bloomberg.net .

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Cioffi’s, Tannin’s Computers Are Sought as Evidence in Bear Stearns Trial

September 22, 2009

By Patricia Hurtado Sept. 22 (Bloomberg) — Prosecutors said evidence against former Bear Stearns Cos. hedge fund managers Ralph Cioffi and Matthew Tannin , including missing personal computers and Cioffi’s Ferraris, should be included when the two men go on trial next month for securities fraud in New York. Cioffi, 53, is slated to go on trial with Tannin, 47, Oct. 13 for an alleged fraud that helped bring down the securities firm. In papers filed today, prosecutors asked U.S. District Judge Frederic Block in Brooklyn, New York, to allow evidence that office equipment both men had at the time of the alleged conspiracy is missing. Lawyers for both men sought to exclude certain evidence from the case. “Both defendants’ contemporaneous records of their activities and recollections about what was happening during the course of the charged conspiracy in this case have suspiciously gone missing,” wrote Assistant Brooklyn U.S. Attorney James McGovern in a letter to the court. Prosecutors said while their indictment charges a conspiracy occurred between March 2007 and June 2007, notebooks belonging to Tannin, an attorney, appear to be missing for the period between Jan. 12, 2007, through May 2007. All notebooks prior to this period have been found. Tannin’s “tablet” personal computer is also missing. SEC Request Bear Stearns lawyers advised him to preserve documents on June 27, 2007, nine days after the U.S. Securities and Exchange Commission requested all documents in the case be preserved. He reported the tablet missing on July 26, 2007, after repeatedly demanding in March of that year that Bear Stearns reimburse him $3,364.00 for the computer. The U.S. today also asked to keep in evidence the notebooks which Cioffi controlled and used during this time period, which are also missing. Previously, Cioffi’s lawyers asked Judge Block to keep lifestyle evidence out of the case because it might improperly bias jurors against him. Lawyers for Cioffi and Tannin weren’t immediately available for comment. Records show Cioffi earned $15 million in 2005 and Tannin earned $1.9 million that year. In 2006, Cioffi earned $17.6 million while Tannin was paid $2.5 million. Insider Trading Cioffi, who managed the two funds, is charged with insider trading for redeeming $2 million from the Bear Stearns Enhanced Fund, one-third of the amount he’d invested in the funds. The government said evidence about Cioffi’s lifestyle belongs in the case, including his collection of three Ferraris, and real estate and assets that show his net worth. He owns properties that include a $12 million property in Southampton, New York, a $3.5 million home in New Jersey, a $3.25 million home in Vermont, and two Florida properties worth $7.1 million and $1.25 million. The U.S. said newly obtained records show Cioffi, in an effort to build and develop a Sarasota, Fla. condominium project, also encumbered his $5.7 million investment in a Bear Stearns fund he controlled. Losses from the condo project coupled with investor redemptions could have led to a loss of his entire investment and an immediate foreclosure of the fund, prosecutors said. ‘Over-Extended’ “The jury will learn that notwithstanding Cioffi’s significant income, he was over-extended financially,” prosecutors said. “In short, his financial decisions and over-extensions provided a strong motivating force for Cioffi to conspire with Tannin and lie to investors,” McGovern wrote. The U.S. said this evidence about the Florida condo project is important because of his attempts to pledge the fund as collateral, which they now believe he did over the objections of Bear Stearns, and that it occurred just before his $2 million withdrawal from the fund. Prosecutors also said that on Sept. 18 while prosecutors were investigating his Florida condo deal, Cioffi flew to Florida and attempted to obtain original bank documents which he knew were the subject of the government’s probe and the subject of a federal subpoena. In the indictment, prosecutors say Cioffi committed insider trading when he used non-public, material information to make a multimillion withdrawal and save his investment before both funds collapsed. Credit Crunch Cioffi and Tannin were indicted last year for misleading investors about the health of two hedge funds that failed in July 2007, costing investors $1.6 billion. The implosion helped trigger the credit crunch and the eventual sale of Bear Stearns to JPMorgan Chase & Co. In July, the judge rejected Cioffi’s bid to get the insider-trading charge dismissed on grounds that he didn’t owe a duty to his clients as a hedge fund manager. Cioffi, now with Tenafly, New Jersey-based RCAM Capital LP, and Tannin face as many as 20 years in prison if convicted of conspiracy to commit securities fraud. Cioffi faces an additional 20-year term if found guilty of insider trading. The case is U.S. v. Cioffi, 08-CR-00415, U.S. District Court, Eastern District of New York (Brooklyn). To contact the reporter on this story: Patricia Hurtado in federal court in Brooklyn at pathurtado@bloomberg.net .

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