 IBM's top hardware executive, Robert Moffat, has been arrested for giving an insider trading tip to a female friend. (Source: CRN.com)
 Billonaire investor Raj Rajaratnam masterminded the scheme that may land an IBM and Intel exec, as well as an executive at a company that advised AMD, in prison. (Source: Onlanka News)
Some high profile executives may be finding their way to a white-collar prison
In a move that could rock the
electronics industry, "classic IBM executive" Robert
Moffat, IBM's highest ranking hardware executive and likely
CEO-successor has been indicted on charges of insider trading that
may land him a prison sentence. But he isn't alone. Also
receiving indictments were Rajiv Goel, a managing director of Intel
subsidiary, Intel Capital and Anil Kumar, a director at consulting
firm McKinsey & Co. and advisor to AMD. The trio were among
six top executives targeted in the case, which federal prosecutors
are calling the biggest to date.
The trio from Intel, IBM, and
AMD's advising firm reportedly used their insider insight to help a
high profile investor gain more than $25M
USD in ill-begotten profits between 2006 and 2009, trading
Advanced Micro Devices, Akamai, Clearwire, Google, Hilton, Polycom,
and Sun Microsystems, among others. Some of the defendants
apparently broke the law for kickbacks, others, such as Mr. Moffat,
out of friendship.
The feds reportedly caught the
defendants in their carefully crafted and timed insider trades,
thanks to wiretaps of their phone conversation. And insider
informant also reportedly played a pivotal role. The
investigation culminated in the arrest of the six primary players
last week.
According to the feds, on January 8, 2007,
billionaire investor and founder of the Galleon Group Raj Rajaratnam
contacted Intel's Goel seeking inside information. Mr. Goel was
more than happy to oblige, indicating that share prices would likely
be rising over the next couple days. The next day Mr.
Rajaratnam followed the inside tip and bought 1 million shares of
Intel stock. On January 11 he loaded up with 500,000 more
shares.
Then on January 16, Mr. Rajaratnam sold all of his
Intel stock, pocketing a $1M USD profit. Later that day Intel
earnings were reported and failed to excite, plunging the share
prices 5 percent. However, Mr. Rajaratnam and his Intel contact
had beat the system -- or so they thought.
Mr. Goel wasn't
finished, though. He also allegedly tipped Mr. Rajaratnam off
about an impending deal between Clearwire and Sprint. An early
purchase was enough to score another $750,000 in profits. Mr.
Rajaratnam returned the illegal love, executing insider trades for
Mr. Goel on Hilton and PeopleSupport stock which handed the Intel
executive $250,000 in profits.
The story was similar for
Robert Moffat, an IBM golden boy. The well-liked executive was
close friends with Danielle Chiesi, an executive of the hedge fund
New Castle Partners. During a courtship
of Sun, IBM got access to Sun's upcoming tax information.
And Mr. Moffat leaked this information to Ms. Chiesi. She pocketed
$1M USD when shares later soared upon the official release of Sun's
good financial news.
AMD's stock was another tied into the
illegal trades. Galleon reportedly made $9.5M USD off its stock
after receiving inside tips from Anil Kumar, who had knowledge of how
the company would be offloading much of its semiconductor
manufacturing capabilities in
mid 2008. In the end, though, justice was at least served
on these gains, somewhat, by the market -- they were almost entirely
wiped out when the recession hit in full.
Robert Khuzami,
director of the SEC’s enforcement division concludes,
"What we have uncovered in the trading activities of Raj
Rajaratnam is that the secret of his success is not genius trading
strategies. He is not the astute study of company fundamentals or
marketplace trends that he is widely thought to be. He cultivated a
network of high-ranking corporate executives and insiders, and then
tapped into this ring to obtain confidential details about quarterly
earnings and takeover activity."
The investigation of
these illegal dealings is far from over. Meanwhile, the accused
vow to fight the government's charges in U.S. District Court for the
Southern District of New York. In the meantime Mr. Goel has
been placed on leave from Intel, pending the investigation. IBM
declined comment about its star executive or what actions it might
take.
"The whole principle [of censorship] is wrong. It's like demanding that grown men live on skim milk because the baby can't have steak." -- Robert Heinlein
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