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Barai and Longueuil Arrest PR

Barai and Longueuil Arrest PR

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Published by Absolute Return
MANHATTAN U.S. ATTORNEY CHARGES THREE HEDGE FUND PORTFOLIO MANAGERS AND ONE ANALYST WITH INSIDER TRADING.
MANHATTAN U.S. ATTORNEY CHARGES THREE HEDGE FUND PORTFOLIO MANAGERS AND ONE ANALYST WITH INSIDER TRADING.

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Published by: Absolute Return on Feb 08, 2011
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02/08/2011

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United States Attorney Southern District of New York 
FOR IMMEDIATE RELEASECONTACT:U.S. ATTORNEY'S OFFICEFEBRUARY 8, 2011ELLEN DAVIS,EDELI RIVERA,JESSIE ERWINPUBLIC INFORMATION OFFICE(212) 637-2600FBIJIM MARGOLINPUBLIC INFORMATION OFFICE(212) 384-2720
 MANHATTAN U.S. ATTORNEY CHARGES THREE HEDGE FUNDPORTFOLIO MANAGERS AND ONE ANALYST WITH INSIDER TRADING
Two Of The Hedge Fund Managers Are Also Charged With ObstructionOf JusticeThe Third Hedge Fund Manager And Analyst Have Already Pled Guilty To Insider Trading Crimes
PREET BHARARA, the United States Attorney for theSouthern District of New York, and JANICE K. FEDARCYK, theAssistant Director-in-Charge of the New York Office of theFederal Bureau of Investigation ("FBI"), announced that SAMIRBARAI, a former portfolio manager at two hedge funds, and DONALDLONGUEUIL, who formerly worked as a research analyst at a thirdhedge fund and as a portfolio manager at a fourth, have beencharged with conspiracy to commit securities and wire fraud fortheir involvement in an insider trading scheme. BARAI has alsobeen charged with securities fraud. JASON PFLAUM, a formerresearch analyst for BARAI, and NOAH FREEMAN, a research analystat a fifth fund and then a portfolio manager at a sixth, werecharged with, and pled guilty in Manhattan federal court to, onecount each of conspiracy to commit securities fraud andsecurities fraud for their roles in the scheme. Representing sixhedge funds, the four defendants allegedly obtained and sharedmaterial, non-public information ("Inside Information") about atleast six publicly-traded companies for the purpose of executingsecurities transactions that realized millions of dollars inillegal profits. BARAI and LONGUEUIL have also been charged withobstruction of justice for their efforts to destroy evidence oftheir involvement in insider trading after reading media reportsabout the FBI’s insider trading investigation.
 
Manhattan U.S. Attorney PREET BHARARA said: "TheComplaint unsealed today is a sad chronicle not only of criminalconduct but also its brazen cover-up. It alleges hard coreinsider trading in stock after stock - people blatantlytrafficking in material, non-public information. And the lengthsto which two of these defendants went to cover their trackssounds like something out of a bad movie. To date, twelve peoplehave been charged by this office in connection with ourinvestigation of expert networking firms and four have pledguilty, but we are far from finished. Together with our lawenforcement partners at the FBI, we intend to continue being assystematic and methodical in attacking insider trading as weallege today's defendants were in practicing it."FBI Assistant Director-in-Charge JANICE K. FEDARCYKstated: "The charges and pleas announced today mark neither thebeginning nor the end of a long-term FBI investigation we expectwill continue for some time. The Complaint gives a clear pictureof the cynicism that underlies the so-called 'research' thesedefendants relied on. When you are paying insiders for earningsdata before it's announced, that isn't 'research.' That'scheating. And the efforts to destroy evidence are laid outlargely in the defendants' own words. For all their presumedsophistication, the defendants lacked a mobster's instinct forconversational discretion."According to the Complaint unsealed today in Manhattanfederal court, as well as the Informations to which PFLAUM andFREEMAN pled guilty and statements made during their pleaproceedings:Between 2006 and 2010, BARAI, LONGUEUIL, PFLAUM,FREEMAN, and their co-conspirators participated in a conspiracyto obtain Inside Information, including detailed financialearnings, about numerous public companies, including MarvellTechnology Group, Ltd. ("Marvell"), NVIDIA Corporation("NVIDIA"), Fairchild Semiconductor International ("Fairchild"),Advanced Micro Devices, Inc. ("AMD"), Actel Corporation("Actel"), and Cypress Semiconductor Corporation ("Cypress").BARAI, LONGUEUIL, FREEMAN, and PFLAUM obtained Inside Informationboth from employees who worked at these and other publiccompanies, and from independent research consultants whocommunicated with employees at public companies. Often, thedefendants and their co-conspirators used an "expert networking"firm (the "Firm") to communicate with and pay their sources ofInside Information. In addition, although they worked atdifferent hedge funds, BARAI, LONGUEUIL, and FREEMAN had regular-2-
 
conference calls during which they shared Inside Information witheach other.For example, on May 23 and May 28, 2008, WINIFRED JIAU,who was previously arrested on December 29, 2010, had telephoneconversations with BARAI and FREEMAN during which she advisedthem of Marvell’s quarterly revenues, gross margins, and earningsper share for the Marvell quarter ending on May 3, 2008. Theinformation JIAU provided was accurate and preceded Marvell’spublic announcement of its financial results for the quarter.FREEMAN then provided the tip to LONGUEUIL. As a result ofJIAU’s information about Marvell, the hedge fund where BARAIworked (defined as "Hedge Fund B" in the Complaint) purchasedover 300,000 shares of Marvell, and the hedge fund whereLONGUEUIL worked (defined as "Hedge Fund C" in the Complaint)purchased approximately 800,500 shares of Marvell. AfterMarvell’s public announcement, the price of Marvell stockincreased approximately 23%, resulting in net profits of over$820,000 to Hedge Fund B and approximately $1.08 million to HedgeFund C.In addition, BARAI, LONGUEUIL, PFLAUM, FREEMAN, andtheir co-conspirators undertook efforts to conceal the schemefrom regulatory and law enforcement agencies, including by savingany electronic records evidencing their communications withcompany insiders on external flash drives or external harddrives, rather than on hedge fund servers. They also usedpersonal e-mail accounts rather than the hedge fund e-mailaccounts to communicate about Inside Information.After reading media reports on November 19, 2010, thatthe FBI and a Manhattan federal grand jury were conducting aninvestigation into insider trading through the Firm, BARAI andLONGUEUIL attempted to, and did, destroy digital records and/ordocuments reflecting their receipt of Inside Information fromtheir sources. Specifically, BARAI sent PFLAUM, who was at thetime cooperating with the Government’s investigation, BlackberryMessenger ("BBM") communications instructing him to go to HedgeFund A’s office, and to:
"[s]hred as much as u can," "[p]ut allur data files onto an encrypted drive,"
and
"delete all emailsfrom"
two particular individuals. BARAI also told PFLAUM that hehad already deleted his own emails.In that same series of BBM communications on November20, Barai wrote:"So what if we talked to anyone""They need proof that we acted on something"-3-

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