April 26, 2024

DealBook: For a Galleon Ex-Manager, Questions of Motivation

Twice last year, Adam Smith, a former portfolio manager at the Galleon Group hedge fund, met with lawyers for its co-founder, Raj Rajaratnam, who had been charged with netting tens of millions through insider trading.

On Thursday, Mr. Smith’s interviews with the defense lawyers were the focus of Mr. Rajaratnam’s trial.

Earlier this week, Mr. Smith, a cooperating witness who faces up to 25 years in prison after pleading guilty to insider trading, told jurors he routinely traded shares of technology companies based on inside data. In most cases, he said, “I shared it with Raj.”


The Galleon networkAzam Ahmed and Guilbert Gates/The New York Times Click on the above graphic to get a visual overview of the Galleon information network.

But in a heated exchange on Thursday, defense attorney Terence J. Lynam confronted Mr. Smith, claiming he did not tell Mr. Rajaratnam’s defense team, when they had interviewed him in February and July of 2010, anything about the insider trading offenses that Mr. Smith later said he had committed.

“I was only answering the specific questions,” Mr. Smith said. “I wasn’t volunteering any information.”

“You said you didn’t know of any insider information, right?” Mr. Lynam said, raising his voice.

“I wasn’t asked about any insider information,” Mr. Smith responded.

The implication, according to the defense, was that Mr. Smith divulged to the federal government that he had participated in an insider trading scheme only to try lessen his sentence.

During his testimony earlier this week, Mr. Smith walked the jury through a number of times when, he said, he obtained nonpublic information for himself and his boss, Mr. Rajaratnam.

Andrew Michaelson, a prosecutor, reminded jurors of e-mails sent from Mr. Smith to Mr. Rajaratnam about Integrated Device Technology’s planned acquisition of Integrated Circuit Systems in 2005. The tips came from a Morgan Stanley investment banker, Kamal Ahmed.

The subject line in those e-mails was “The two eyes,” a code that used the first initials of both companies. In each, he relayed tips about the deal’s progress. One read: “I had a chance to update and we are still on track.” A later e-mail had the subject line “Eyes” and said, “Game on.”

Mr. Lynam tried to show that the information Mr. Smith said he shared with Mr. Rajaratnam was already the subject of market speculation and therefore already public — for instance, the 2006 acquisition of A.T.I. by Advanced Micro Devices.

The defense showed an e-mail alert sent to Mr. Smith from a technology news service called ChinaByte. Citing a source, the e-mail said a deal had been reached for A.M.D. to acquire A.T.I.

“It’s true, there were a number of rumors, yes,” Mr. Smith said.

But Mr. Lynam also tried to establish the point that Mr. Smith’s own analysis gave him reason enough to trade in the company.

He pointed to e-mails from Mr. Smith to others in the Galleon Group, including Mr. Rajaratnam, in which he talked about A.T.I.’s fundamental value, often forwarding an analyst’s research.

Mr. Lynam said that with the research and Mr. Smith’s own glowing reviews, there was ample reason to buy A.T.I. without any insider information.

“Yes, but they also don’t mean I didn’t have insider information,” Mr. Smith replied.

The defense tried to distance Mr. Smith’s trades from Mr. Rajaratnam’s, focusing in part on the company Intersil. Mr. Smith testified earlier this week that he had a source in Taiwan who had leaked him the company’s quarterly earnings before they were publicly announced.

In early 2009, for instance, just before the company reported earnings, Mr. Rajaratnam did not trade any shares in the company for more than a month.

“You claimed that you told Mr. Rajaratnam inside information about Intersil’s earnings, but he’s not even trading in the period up to this?” Mr. Lynam asked.

“That’s true, in this case,” Mr. Smith replied.

Prosecutors, however, offered their own trading examples.

Twice in 2004, during a particularly rough patch for the Intersil, the company said that their earnings would fall below expectations. Mr. Smith’s said in testimony earlier in the week that a source at the company, Jason Lin, tipped him to the bad news. Mr. Smith, in turn, shared that information with Mr. Rajaratnam.

In the days before the second announcement on Oct. 6, 2004, Mr. Rajaratnam placed a negative bet on the company, shorting 125,000 shares, according to the slides presented by prosecutors.

Article source: http://feeds.nytimes.com/click.phdo?i=584d2776decb1570ee7a3b48323b70e6

DealBook: Galleon Jurors Hear Tape Discussing Call of Goldman Director

Rajat K. Gupta, a former director of Goldman Sachs.Seokyong Lee/Bloomberg News Rajat K. Gupta, a former director of Goldman Sachs.

8:04 p.m. | Updated

In October 2008, with the global economy hemorrhaging and his hedge fund struggling, Raj Rajaratnam sounded calm during a lunchtime call with a colleague in Singapore.

“I heard yesterday from somebody who’s on the board of Goldman Sachs that they are going to lose $2 per share,” said Mr. Rajaratnam. “The Street has them making $2.50.”

The government played that secretly recorded telephone call on Wednesday during the trial of Mr. Rajaratnam, the co-founder of the hedge fund Galleon Group, who faces up to 25 years in prison if convicted on charges that he earned millions of dollars from insider trading.

The secretly recorded conversation came a day after Goldman held a board meeting informing directors that the bank was on track to report its first quarterly loss as a public company.


The Galleon networkAzam Ahmed and Guilbert Gates/The New York Times Click on the above graphic to get a visual overview of the Galleon information network.

The government says that Rajat K. Gupta, then a Goldman director, called Mr. Rajaratnam after the meeting and passed on the confidential information, allowing Mr. Rajaratnam to sell his Goldman position and avoid losses before its earnings announcement.

Federal prosecutors have named Mr. Gupta a co-conspirator of Mr. Rajaratnam but have not charged him criminally.

The Securities and Exchange Commission has filed a civil proceeding against Mr. Gupta accusing him of tipping Mr. Rajaratnam. Mr. Gupta’s lawyer has said his client had not done anything wrong.

When Mr. Rajaratnam told David Lau, his Singapore colleague, about Goldman’s poor performance, Mr. Lau seemed surprised.

“Really,” he said.

“So what he was telling me was that uh, Goldman, the quarter’s pretty bad. They have zero revenues because their trading revenues are offset by asset losses, and to date they have lost $2 per share,” Mr. Rajaratnam said. “I don’t think that’s built into Goldman Sachs stock price.”

The accusations against Mr. Gupta are being closely followed on Wall Street. Mr. Gupta, who ran McKinsey Company, the prestigious management consulting firm, was among the world’s most influential business executives.

Last week, Lloyd C. Blankfein, the chief executive of Goldman, took the witness stand at the trial and told the jury that it would be a breach of confidentiality for Mr. Gupta to divulge board discussions.

The Goldman call emerged during the testimony of Adam Smith, a former portfolio manager at the Galleon Group. Mr. Smith pleaded guilty to insider trading at Galleon and is testifying against his former boss as part of his cooperation agreement with the government.

During Mr. Smith’s cross-examination, Mr. Rajaratnam’s lawyers accused Mr. Smith of fabricating his illegal conduct at Galleon in order to secure a lesser sentence by helping them get “the big fish” — Mr. Rajaratnam. Mr. Smith testified that the government had caught him on a wiretap trading on inside information last year, after Galleon’s dissolution and while managing a different fund.

Defense lawyers also played a wiretapped call between Mr. Smith and Ian Horowitz, a former Galleon trader. During the call, made at the F.B.I.’s direction after Mr. Smith’s guilty plea, Mr. Smith tried unsuccessfully to gather more insider-trading evidence from Mr. Horowitz.

Mr. Smith, who testified that the F.B.I. had instructed him to lie in order to elicit incriminating information, said on the call that he believed Galleon’s trading was legitimate.

“You want the jury to believe you were lying then, but telling the truth now?” asked Terence J. Lynam, a lawyer for Mr. Rajaratnam.

“Yes,” Mr. Smith replied.

Sept. 24, 2008 transcript (U.S. vs. Rajaratnam)

Oct. 24, 2008 transcript (U.S. vs. Rajaratnam)

Article source: http://feeds.nytimes.com/click.phdo?i=023d7cdf21ac8ff6ea95ea389ed31ca3