May 19, 2024

DealBook: Ex-SAC Manager Gets 2½-Year Jail Term in Insider Case

Donald LongueuilLouis Lanzano/Bloomberg NewsDonald Longueuil

A former portfolio manager at SAC Capital Advisors was sentenced to two and a half years in prison on Friday after he pleaded guilty in April to insider trading.

The manager, Donald Longueuil, 35, was swept up in the federal government’s latest front in its crackdown on insider trading on Wall Street, which has focused on so-called expert networks. Expert networks are essentially matchmakers, connecting hedge fund managers with industry executives who offer insights about their businesses.

The government’s crackdown has focused on people involved with expert networks who leaked important corporate secrets like crucial products developments or corporate earnings. Mr. Longueuil is one of roughly a dozen implicated in the case.

In his guilty plea to securities fraud, Mr. Longueuil admitted to accepting inside information from 2006 until 2010 related to about a half-dozen companies. Working for SAC Capital, the giant hedge fund run by the billionaire Steven A. Cohen, Mr. Longueuil obtained secrets from employees as well as consultants that the expert networks hooked him up with.

SAC Capital has not been accused of wrongdoing. The firm has said Mr. Longueuil was fired for poor performance and circumvented its compliance rules by violating the law.

In his plea, Mr. Longueuil admitted to sharing tips with a colleague, Noah Freeman, and another confidant, Samir Barai, founder of Barai Capital Management. Mr. Freeman and Mr. Barai were both implicated in the insider trading ring and both have pleaded guilty. In one 2008 trade, Mr. Longueuil admitted to receiving inside information about Marvell Technologies, a tip that earned his firm $1 million.

Article source: http://feeds.nytimes.com/click.phdo?i=2192167bce335a9903a648d8d4628031

DealBook: Ex-SAC Trader Admits He Evaded Firm’s Rules

A former portfolio manager at SAC Capital Advisors testified Monday that he circumvented an SAC policy that prohibits its traders from talking to public company employees.

Noah Freeman, the former SAC portfolio manager who has pleaded guilty to insider trading, told a jury that he did an end-around the fund’s compliance rules when he struck a compensation arrangement with a tipster who provided him with secret information about publicly traded technology companies.

The tipster, Winifred Jiau, is on trial in Federal District Court in Manhattan on charges that she passed illegal stock tips to several hedge fund traders, including Mr. Freeman, about companies at which she either worked or had inside sources.

Ms. Jiau, a former employee at Taiwan Semiconductor and Nvidia, also worked as a consultant at Primary Global Research, a so-called expert-network firm that connects Wall Street traders to industry experts, including public company employees. Several public company employees have pleaded guilty in recent months to leaking confidential financial data to money managers via an expert-network firm.

The news that SAC had a specific ban against discussions with public company employees comes amid a flurry of negative headlines about the Stamford, Conn.-based hedge fund.

Federal authorities are investigating trading by Steven A. Cohen, the billionaire investor who heads the fund, as well as the fund’s trading surrounding a number of large mergers-and-acquistions announcements.

What is more, Senator Charles E. Grassley, Republican from Iowa, has asked regulators to provide him with data about SAC’s suspicious trading activity.

SAC has staunchly defended its business model and compliance procedures, stating that it is “outraged” by the conduct of Mr.
Freeman and Donald Longueuil, another SAC trader who pleaded guilty to insider trading.

Mr. Freeman also testified that SAC fired him in January 2010 because “my financial results were not as good as they expected them to be.”

This is consistent with SAC’s earlier statements that it had terminated Mr. Freeman because of poor performance.

Article source: http://feeds.nytimes.com/click.phdo?i=e8bcf3f0ece903e2dc3dae72b0e7bb7f

DealBook: FrontPoint to Shut Most Funds After Insider Trading Charges

Steve Eisman, a star manager at FrontPoint, considered leaving in the wake of the allegations of insider trading.Daniel Acker/Bloomberg NewsSteve Eisman, a star manager at FrontPoint, considered leaving the firm in the wake of the allegations of insider trading.

FrontPoint Partners, once a multibillion-dollar hedge fund before it was battered by allegations of insider trading, will shut down most of its funds by the end of the month.

The decision to wind down and restructure its business is a surprising reversal of fortune for the hedge fund. Earlier this year, FrontPoint had appeared to have weathered the scandal when it raised $1 billion for a new fund. And in March, its co-chief executives, Dan Waters and Mike Kelly, announced that the firm had bought back majority ownership of itself from Morgan Stanley, concluding a long-delayed spinoff.

But the good news was short-lived as investors continued to flee the fund when the window for withdrawals opened earlier this month.

“We have received capital redemption requests from some of our clients and as always we will honor those requests,” FrontPoint said in a statement to The New York Times in response to questions. “These actions are affecting strategies differently at FrontPoint Partners and as a result we will be winding down select strategies.”

The firm declined to state how much money investors wanted back. But people who spoke to the fund’s executives say that FrontPoint was winding down most of its business.

Earlier on Thursday, a spokesman for the firm, Steve Bruce, had denied that the firm was shutting down.

FrontPoint is just one of several funds brought low by a widespread government crackdown on insider trading at hedge funds. Two funds, Level Global Investors and Loch Capital, shut down after raids by federal agents late last year linked to the broader investigation.

More broadly, FrontPoint’s move comes at a difficult time for the hedge fund industry, amid increased regulation and difficult markets. Some prominent managers like Stanley Druckenmiller, Chris Shumway and most recently Carl C. Icahn have left the field and manage their own money.

In many ways, the rise and fall of FrontPoint mirrors that of the industry itself. In late 2006, when owning a hedge fund was considered a smart way for banks to deploy capital, the firm was bought by Morgan Stanley for about $400 million.

Then, during the financial crisis, the hedge fund was lauded for the insight of one of its most colorful managers, Steve Eisman, who had placed a bet against the subprime mortgage market that earned him hundreds of millions and a major role in “The Big Short,” the best seller by Michael Lewis. Several other hedge fund managers, including John A. Paulson and the Harbinger Group founder Philip Falcone, also minted fortunes from their bets against the housing market.

But trouble began at FrontPoint in November last year when a French doctor was arrested by federal authorities and accused of leaking secret information about a clinical drug trial to an unnamed portfolio manager. It quickly became public that the portfolio manager was Joseph F. Skowron, a doctor who ran a health care portfolio at FrontPoint.

The firm, which managed about $7 billion at the time, placed Mr. Skowron on leave and terminated the entire health care team. Effort to reassure investors that Mr. Skowron’s fund was separate from the many others it ran failed. Clients withdrew $3.5 billion as they raced to the exits.

A long planned spinoff from Morgan Stanley — prompted by the Dodd-Frank financial overhaul — was delayed as result of the huge withdrawals and legal complications.

The tide seemed to turn in January, when the firm announced that a new fund that would lend money to midsize companies had raised $1 billion. At the time, Mr. Waters, one of the firm’s chief executives, indicated the firm’s transparency had paid off.

But weeks later, Mr. Eisman, FrontPoint’s star manager, told those close to him that he was considering leaving the firm, frustrated with the collateral damage his funds had suffered from the insider trading incident. Clients had withdrawn nearly $500 million from funds he managed, according to a person close to Mr. Eisman.

Last month, Mr. Skowron was formally charged by federal authorities, accused of conspiring to hide his role in a trading scheme that netted FrontPoint Partners more than $30 million. Mr. Skowron was leaked confidential tips about a drug trial by Yves M. Benhamou, a French doctor, who accepted envelopes stuffed with cash for the information.

Mr. Benhamou has pleaded guilty to insider trading and obstruction of justice.

FrontPoint declined to say which funds would be closed after the shakeout. The only fund they did indicate would remain open was the midsize lending fund, which has money committed for several years.

Article source: http://feeds.nytimes.com/click.phdo?i=d1377718695c741f2ce34385bc05263e

DealBook: Another Guilty Plea to Insider Trading Is Disclosed

8:10 p.m. | Updated

An ex-portfolio manager at Diamondback Capital Management pleaded guilty to insider trading late last year and was cooperating with the government in its widespread crackdown on insider trading at hedge funds, according to documents unsealed by the Justice Department on Wednesday.

Prosecutors said the manager, Anthony Scolaro, made thousands of dollars by trading on a tip passed to him about the 2007 takeover of Axcan Pharma by TPG Capital. The case is related to an earlier government investigation of the Galleon Group hedge fund, whose co-founder, Raj Rajaratnam, was convicted of insider trading this month.

The plea was released at a difficult time for Diamondback, which along with two other prominent hedge funds was raided by federal authorities in November as part of a widening investigation. A source familiar with Diamondback says the firm does not believe the raid and Mr. Scolaro’s guilty plea are connected.

The raids delivered a blow to Diamondback, which lost about $1.3 billion in redemptions or roughly 20 percent in assets, through March of this year, as skittish investors withdrew their money from the firm. While Diamondback has so far survived, the other raided firms, Level Global Investors and Loch Capital Management, shut down in the aftermath.

None of the raided hedge funds have been charged with any wrongdoing. A representative for Diamondback declined to comment. Mr. Scolaro’s lawyer did not respond to requests for comment.

Prosecutors said Mr. Scolaro received his tip from Franz Tudor, a former trader at the broker dealer Schottenfeld Group, who had also pleaded guilty. Of the 27 people charged in relation to the Galleon case, Mr. Scolaro is the 23rd to plead guilty.

Among those still fighting the charges is Zvi Goffer, another former Schottenfeld trader and the founder of the hedge fund Incremental Capital. Mr. Goffer is currently on trial in Lower Manhattan, accused of making the same trade as Mr. Scolaro.

Article source: http://feeds.nytimes.com/click.phdo?i=9672cf63138a3fd192efc14cb7d670ca

DealBook: Galleon Fund Chief Guilty of Fraud and Conspiracy

Raj Rajaratnam, center, billionaire co-founder of the Galleon Group, as he leaves Manhattan federal court on May 11, 2011.Mary Altaffer/Associated PressRaj Rajaratnam, center, leaving Manhattan federal court on Wednesday.

Raj Rajaratnam, the billionaire investor who once ran one of the world’s largest hedge funds, was found guilty on Wednesday of fraud and conspiracy by a federal jury in Manhattan. He is the most prominent figure convicted in the government’s crackdown on insider trading on Wall Street.

Mr. Rajaratnam was convicted on all 14 counts.

Mr. Rajaratnam, dressed in a black suit, had no expression as the verdict was read in the overflowing courtroom.

His lawyer, John Dowd, said he would appeal.

Prosecutors had asked that Mr. Rajaratnam be placed in custody, arguing that he was a flight risk. They said that he had the means to leave the country, noting that he owned property in Sri Lanka and Singapore.

Judge Richard J. Holwell ordered home detention and electronic monitoring for Mr. Rajaratnam.

Someone who answered the phone at Mr. Rajaratnam’s home and would only describe himself as a family friend expressed surprise at the verdict. Mr. Rajaratnam “was confident that nothing would happen,” he said

About a half dozen jurors declined to comment as they left the courthouse.

B.J. Kang, the F.B.I. special agent who led the investigation of Mr. Rajaratnam, said he was “happy for justice.”

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.

Preet Bharara, the United States attorney for Manhattan, whose prosecutors brought the case against Mr. Rajaratnam, said, “The message today is clear — there are rules and there are laws, and they apply to everyone, no matter who you are or how much money you have.”

Mr. Bharara noted that over the last 18 months, his office had charged 47 people with insider trading; Mr. Rajaratnam is the 35th to be convicted.

Mr. Rajaratnam could be sentenced to as much as 25 years in prison. Federal prosecutors said on Wednesday that under federal sentencing guidelines, the recommended sentence would be as much as 19 and a half years. He is to be sentenced on July 29.

The government built its case against Mr. Rajaratnam with powerful wiretap evidence. Over a nine-month stretch in 2008, federal agents secretly recorded Mr. Rajaratnam’s telephone conversations. They listened in as Mr. Rajaratnam brazenly and matter-of-factly swapped inside stock tips with corporate insiders and fellow traders.

“I heard yesterday from somebody who’s on the board of Goldman Sachs that they are going to lose $2 per share,” Mr. Rajaratnam said to one of his employees in advance of the bank’s earnings announcement.

“One thing we know, this is very confidential, someone is going to put in a term sheet for Spansion,” he told a colleague, referring to a proposed acquisition of the technology company.

“So yesterday they agreed on, at least they’ve shaken hands,” a tipster told Mr. Rajaratnam about an upcoming deal involving another publicly traded business. “So I think, uh, you can now just buy.”

For years, Mr. Rajaratnam was lionized as one of Wall Street’s savviest investors. At its peak, his Galleon Group hedge fund managed more than $7 billion in assets. Investment banks including Goldman Sachs and Morgan Stanley counted Galleon, which paid out roughly $300 million in trading commissions annually to brokerage firms, as one of their largest trading clients.

In the early morning hours of Oct. 16, 2009, federal agents arrested Mr. Rajaratnam at his Sutton Place apartment on Manhattan’s East Side. The government placed him at the center of a vast insider trading conspiracy, accusing him of using a corrupt network of tipsters to gain about $63 million from illegal trading in stocks including Google and Hilton Worldwide.

The case has led to insider trading charges against 25 defendants — 21 of whom have pleaded guilty — including former executives at I.B.M., Intel and Bear Stearns.

Mr. Rajaratnam fought the charges against him, insisting that he had done nothing wrong. His lead lawyer, Mr. Dowd, said that his client’s success as a money manager came from “shoe-leather research, diligence and hard work.”

He based his defense on the so-called mosaic theory of investing. Galleon was famous for its dogged digging for information about publicly traded companies that would form a “mosaic” — a complete picture of a company’s prospects that gave it an investment edge over other investors.

Mr. Rajaratnam’s lawyers argued that all of his supposed illegal trading was grounded in publicly available newspaper articles, analyst reports and company news releases. For instance, the defense presented evidence showing that before Advanced Micro Devices acquired ATI Technologies — a deal that prosecutors said Mr. Rajaratnam had received an illegal tip about — 51 news articles and 6 analyst reports speculated on the likelihood of a merger between the two companies.

Prosecutors dismantled Mr. Rajaratnam’s defense by acknowledging that Galleon performed legitimate research. But at the same time, they argued, the firm routinely violated securities laws. In the words of a former Galleon portfolio manager who testified during the trial, the firm did its homework — but also cheated on the test.

“The defendant knew the rules, but he did not care,” said a prosecutor, Reed Brodsky, in his summation. “Cheating became part of his business model.”

Mr. Rajaratnam’s arrest halted a remarkable Wall Street success story. A native of Sri Lanka, Mr. Rajaratnam came to the United States in 1981 to study business at the prestigious Wharton School at the University of Pennsylvania. He joined Needham Company, a small investment bank, and carved out a reputation as an expert in technology companies.

His ascent coincided with both the tech boom of the 1990s and the emergence of hedge funds – a once obscure pocket of the investment world – into a powerful force on Wall Street. When he formed his own hedge fund, Galleon Group, in 1997, his services were in hot demand. Mr. Rajaratnam posted superior investment returns, attracting blue chip investors like New Jersey’s state pension fund and UBS, the giant Swiss bank.

Galleon brought Mr. Rajartnam great wealth. Forbes magazine pegged his net worth at $1.3 billion. He owns a second home in the wealthy suburb of Greenwich, Conn., and a condominium at the Setai Hotel in Miami Beach. During the trial, Mr. Rajaratnam’s former friends told the jury about lavish vacations including, for his 50th birthday, chartering a private jet to fly dozens of family and friends for a safari in Kenya.

Fiercely competitive, Mr. Rajaratnam could be heard during the trial on wiretaps speaking in sports and military metaphors. He compared himself to fighting Muhammad Ali in the boxing ring and said during the financial crisis, “I’m feeling the pain, but they can’t kill me. I’m a warrior.”

It was that competitiveness that caused Mr. Rajaratnam, despite his facing a blizzard of incriminating evidence, to fight the charges against him, according to two former Galleon employees who requested anonymity.

“Raj hated to lose and loved a good fight,” one former colleague said. “He’s a big sports fan, and I think in some ways he viewed this trial as a contest.”

Another said that Mr. Rajaratnam took great pride in his accomplishments and refused to admit to any wrongdoing.

“This way, Raj can say he was wrongfully accused,” he said.

The origins of Mr. Rajaratnam’s case stretch back more than a decade, but a turning point came in 2006 during an investigation of a hedge fund run by Rengan Rajaratnam, Mr. Rajaratnam’s younger brother and a former Galleon employee. While reviewing e-mails and instant messages, Andrew Michaelson, now a member of the team that prosecuted Raj Rajaratnam, discovered incriminating communications between the brothers.

Rengan Rajaratnam, who has not been criminally charged, emerged — through several wiretapped conversations — as a colorful figure during the trial. On a call in August 2008, Rengan told his brother about his efforts to press his friend, a McKinsey consultant, for confidential information.

Rengan Rajaratnam called the consultant “a little dirty” and boasted that he “finally spilled his beans” by sharing secrets about a corporate client.

Evelyn M. Rusli contributed reporting.

Article source: http://dealbook.nytimes.com/2011/05/11/rajaratnam-found-guilty/?partner=rss&emc=rss

DealBook: Prosecutors Looking at Steven Cohen’s Account

Steven A. CohenReuters Steven A. Cohen

Trades made for an account of Steven A. Cohen, the founder of the hedge fund giant SAC Capital, have come under scrutiny as part of the government’s sweeping investigation into insider trading on Wall Street.

Court filings in the case of one of two former SAC portfolio managers who were charged with insider trading show that among the government’s list of documents produced in its investigations was the two managers’ ” ‘Tagged’ trading into the Cohen account.”

In other words, those are records of trades suggested to Mr. Cohen by the two former managers, according to someone briefed on the matter. There are no details about the substance or timing of the trades. (The April 8 filing is below.)

The Wall Street Journal, first reported the reference to the trading records,

The two managers are Donald Longueuil, 35, who pleaded guilty to conspiracy and securities fraud last month, and Noah Freeman, 35, who has also pleaded guilty and is cooperating with the government.

There is no sign that the trades suggested to Mr. Cohen by Mr. Longueuil and Mr. Freeman were based on illegal inside information.

And neither Mr. Cohen nor SAC has been accused of any wrongdoing. When the portfolio managers were arrested in February, SAC said it was “outraged” by the conduct of Mr. Longueuil and Mr. Freeman.

But the latest development threatens to further ensnare SAC, a $12 billion hedge fund that is one of the most powerful players in the stock market, in the insider trading investigation.

Others with SAC ties have been swept up in the government’s pursuit.

Richard Choo-Beng Lee, who worked at an SAC unit, pleaded guilty in 2009 to insider trading stemming from activity after he left the hedge fund. And two hedge funds started by former SAC executives — Level Global Investors and Diamondback Capital Management — were raided by the Federal Bureau of Investigation in January. No one at those funds has been accused of wrongdoing and each firm says it is cooperating.

The examination of Mr. Cohen’s account is certain to add to the questions about the culture and practices of SAC.

The hedge fund is different than many other funds, in that its portfolio managers work independently, each making investments that are relatively small. The hedge fund is different than many other funds, in that its portfolio managers work independently, each making investments that are relatively small. Traders there are incentivized to give their best ideas to Mr. Cohen.

In entering his guilty plea, Mr. Longueuil said he received illegal stock tips from 2006 to last year. Winifred Jiau, a former employee of Primary Global Research, an expert network firm, is accused of being the source of an illegal tip to the portfolio manager. She has pleaded not guilty to conspiracy charges.

Longueuil Exhibit

Article source: http://feeds.nytimes.com/click.phdo?i=f15fb3f9359f1416162f07824d821d83

DealBook: Juror in Rajaratnam Trial Is Replaced

A juror in the insider trading trial of Raj Rajaratnam was replaced on Wednesday and the jury was told to begin its deliberations anew.

Deliberations were suspended on Tuesday so that a juror could undergo a medical procedure. Judge Richard J. Holwell told the court on Wednesday morning that he was excusing that juror for health reasons and appointing an alternate juror.

The jury is now composed of eight women and four men. It had originally started deliberating on April 25.

Mr. Rajaratnam, who ran the Galleon Group hedge fund, faces 14 counts of securities fraud and conspiracy. If convicted, he faces up to 25 years in prison.

Article source: http://feeds.nytimes.com/click.phdo?i=d32421f7101aa5eefea5b772437c4aa2

DealBook: Former SAC Manager Pleads Guilty to Insider Trading

Donald Longueuil, a former portfolio manager, pleaded guilty to insider trading.Louis Lanzano/Bloomberg News Donald Longueuil, a former portfolio manager at SAC Capital Advisors, pleaded guilty to insider trading.

8:07 p.m. | Updated

As the jury continued to deliberate in the trial of Raj Rajaratnam, the government notched another guilty plea in its investigation of insider trading at hedge funds.

Donald Longueuil, a former portfolio manager at SAC Capital Advisors, pleaded guilty to conspiracy and securities fraud before Judge Jed S. Rakoff in Federal District Court in Manhattan.

He is the fifth individual to plead guilty in the government’s investigation of so-called expert network firms. These firms serve as matchmakers, connecting traders to the employees of publicly traded companies who are paid to provide insights into their businesses.

Mr. Longueuil, 35, said he purchased stock in the Marvell Technology Group after receiving secret information about the company’s earnings before they were publicly announced. He also admitted to destroying his hard drive, which contained incriminating evidence.

Under an agreement with prosecutors, Mr. Longueuil faces a prison sentence of 46 months to 57 months. Judge Rakoff could depart from those guidelines. Mr. Longueuil also agreed to forfeit $1.25 million at his sentencing, which is scheduled for July 29.

“I am sorry for my actions, and the pain that I have caused my family and loved ones,” said Mr. Longueuil, choking back tears. “I have learned a lot from my experience, and I look forward to applying these lessons as I move forward with my life.”

Federal prosecutors arrested Mr. Longueuil, 35, in February along with Noah Freeman, another SAC Capital portfolio manager; Samir Barai, the head of Barai Capital Management; and Jason Pflaum, an employee of Mr. Barai’s. Mr. Freeman and Mr. Pflaum are cooperating with the government; Mr. Barai has not yet entered a plea.

Neither SAC nor its billionaire founder, Steven A. Cohen, has been accused of any wrongdoing. At the time of their arrest, SAC said it was “outraged” by the conduct of Mr. Longueuil and Mr. Freeman.

Mr. Longueuil said he received illegal stock tips from 2006 to last year and pleaded guilty to purchasing Marvell stock in May 2008 based on inside information from Mr. Barai. According to court filings, the source of that original tip was Winifred Jiau, a former employee of Primary Global Research, an expert network firm. Ms. Jiau has pleaded not guilty to conspiracy charges.

Judge Rakoff scheduled Mr. Longueuil’s sentencing for July 29. Mr. Longueuil, whose travel had been restricted to New York and Connecticut, was granted a special request to travel next week to Sarasota, Fla., for his future mother-in-law’s 60th birthday party.

Mr. Longueuil’s midday court appearance provided a ready distraction for the lawyers and reporters awaiting a verdict in the trial of Mr. Rajaratnam, the co-founder of the Galleon Group hedge fund.

As the fourth day of deliberations wore on, the tense atmosphere surrounding the trial surprisingly began to ease.

Reed Brodsky, a prosecutor, chatted up the media as he entered the courtroom. Andrew Michaelson, another prosecutor, stood in the hallway also shooting the breeze. John M. Dowd, a lawyer for Mr. Rajaratnam who has shown a cantankerous side during the trial, also proved more affable on Thursday, regaling reporters with stories about his past trials and discussing plans for his coming vacation on Cape Cod.

Article source: http://feeds.nytimes.com/click.phdo?i=43663eb73f7b1df0fecf5043d73e72da

DealBook: Closing the Galleon Case

Closing arguments have begun in the insider trading case against Raj Rajaratnam, the billionaire co-founder of the Galleon Group hedge fund. DealBook spoke to some former prosecutors who have been watching the case, and their consensus is that the weight of evidence does not bode well for the defendant.

Richard L. Scheff, chairman of the Philadelphia-based law firm Montgomery, McCracken, Walker Rhoads, said that the prosecution needed to keep the focus on the details of transactions in its closing arguments.

Mr. Scheff also said that he found it “astounding” that the defense team did not disclose to the jury that a hedge fund formed by one of its key witnesses, Richard Schutte — a former president of Galleon Group — received more than $25 million in investments from Mr. Rajaratnam. That detail came out during cross-examination by the prosecution, and represented a potentially serious tactical error by Mr. Rajaratnam’s defense team.

Elliott H. Lutzker, a lawyer at the Manhattan firm Davidoff Malito Hutcher, noted that the prosecution “absolutely” established that Mr. Rajaratnam had access to “material, nonpublic information” — which forms the legal basis for any successful insider trading case.

The jury could begin deliberating as early as Thursday.

Article source: http://feeds.nytimes.com/click.phdo?i=eadeb5cf55e0298b5dbb5929d7637ee9

DealBook: Galleon Chief Put Millions Into Fund of Ex-Employee

Richard Schutte, former president and chief of research at the Galleon Group, arriving at federal court.Louis Lanzano/Bloomberg News Richard Schutte, former president and chief of research at the Galleon Group, arriving at federal court.

9:09 p.m. | Updated

Eight weeks before the start of his trial on insider-trading charges, Raj Rajaratnam’s family invested $15 million in a hedge fund started by a former employee who has been testifying this week on Mr. Rajaratnam’s behalf.

The investment, which came on top of an initial $10 million made months earlier, was disclosed on Thursday as prosecutors cross-examined Richard Schutte, a former president of Mr. Rajaratnam’s Galleon Group.

Mr. Schutte started his own hedge fund, SpotTail Capital Advisers, as he was unwinding Galleon after Mr. Rajaratnam’s arrest in October 2009. Mr. Rajaratnam is by far the largest investor in SpotTail, which manages about $35 million.

Reed Brodsky, a federal prosecutor, finished his cross-examination of Mr. Schutte with this detail, raising the question of whether the investment was in some way compensation for his testimony on Mr. Rajaratnam’s behalf.

It was the first time jurors had heard of the investment. On direct examination, the defense had never even mentioned the existence of SpotTail.

The defense quickly sought to defuse the notion that Mr. Rajaratnam’s SpotTail investment was meant to encourage Mr. Schutte’s testimony. Mr. Rajaratnam respected Mr. Schutte, a former Goldman Sachs analyst, as a money manager, the defense said. After all, he had hired Mr. Schutte to work for him back in 2004 as a portfolio manager.

The moment interrupted what had been an otherwise routine day in Federal District Court in Manhattan. Since taking the stand on Monday, Mr. Schutte has been inundated with exhibits from both defense lawyers and prosecutors in an effort to show whether the information Mr. Rajaratnam used to make his trades was already public.

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 defense has tried to show that details about the deals and earnings reports at the center of the insider-trading charges against Mr. Rajaratnam were public and could have been derived from research and analysis.

Over the last few days, with Mr. Schutte on the stand, Mr. Rajaratnam’s lawyers have presented hundreds of exhibits to support that thesis, drawing from Galleon e-mails and dozens of articles from research firms and the news media.

But prosecutors have argued that the issue is not whether the information was publicly available as rumor or speculation, but whether Galleon had actually used that information to inform its trades, instead of using confidential information to do so.

While Mr. Schutte’s testimony was meant to offer an inside view of Galleon, the next witness on Thursday was meant to provide an outside opinion.

Gregg A. Jarrell, a professor at the business school of the University of Rochester and a former top economist at the Securities and Exchange Commission, was retained by the defense in early 2010 to analyze the trades Mr. Rajaratnam is accused of making with inside information.

So far, he, and the research firm with which he is working to gather the data, are nearing $1 million in billed work, he said.

One thing became abundantly clear in his testimony Thursday: Galleon and its founder, Mr. Rajaratnam, traded a lot.

Mr. Jarrell examined more than a million trades at Galleon from 2005 to 2009, 30,000 of which were completed by Mr. Rajaratnam. That amounts to 7,287 trades a year or about 30 trades a day. In 2009 alone, Mr. Rajaratnam traded shares of more than 600 companies before his arrest.

The dollar amount of Mr. Rajaratnam’s trades is staggering. Through the entire five-year period, Mr. Rajaratnam racked up exactly $172,104,508,398 in trades, according to a presentation by the defense. Averaged out, his daily trading volume was $141,533,313.

“It’s mind-boggling,” Mr. Jarrell. “That’s a lot of trading.”

Of all the trades Mr. Rajaratnam conducted in that period, only 126 are suspected to have been based on inside information, or about 0.3 percent, Mr. Jarrell said.

Mr. Jarrell was contracted to conduct so-called event studies, complex statistical models that measure the difference between how a given stock ordinarily reacts to market conditions and how it reacts to a specific related event.

The idea is to determine the significance of material information — like a merger announcement or an earnings release — on the company’s share price. The defense spent the rest of Thursday focusing on one stock: Advanced Micro Devices.

Near the end of its case, the government produced an exhibit that tallied all the illicit gains it says Mr. Rajaratnam made. The total was about $63 million, a figure that did not include a transaction in A.M.D. that has been a focus of the trial.

That transaction related to the spinoff of a division of the company, a tip prosecutors have said Mr. Rajaratnam received from a former executive at McKinsey Company in August 2008, almost two months before the official announcement.

Ultimately, Mr. Jarrell said, Mr. Rajaratnam’s bet on A.M.D. turned out to be a major loss. Using the same methodology as the F.B.I., Mr. Jarrell said that Mr. Rajaratnam’s trades in A.M.D. had led to more than $67 million in losses. That is almost $4 million more than the $63 million Mr. Rajaratnam is accused of making in illicit profits, he said.

Article source: http://feeds.nytimes.com/click.phdo?i=f7f169522e1752c1bc2eca7872c7b8ea