 Former AMD CEO and Chairman (center) Hector Ruiz has been implicated in the insider trading scandal that has already taken down executives at IBM and Intel. Mr. Ruiz is accused of passing information about the spinoff of AMD's fabs into GlobalFoundries, a company which he now serves as Chairman of. (Source: AMD)
 Mr. Ruiz mastermind AMD's acquisition of ATI, now one of the the company's strongest assets. (Source: Off the Boiler)
AMD's former CEO fed illegal tips to current defendant
Two weeks ago, the U.S. Securities and Exchange Commission aired
shocking
charges in the largest insider
trading case to date. The case nabbed an Intel Capital
executive and IBM's head of hardware, Robert Moffat. Now
another high profile name has been implicated in the case.
A
criminal case filed in the Manhattan U.S. Attorney's office stated
that an unnamed Advanced Micro Devices executive had passed insider
stock tips to a defendant -- now that unnamed executive has been
revealed
to be none other than former AMD CEO Hector Ruiz. At the time
when he allegedly passed information to defendant Danielle Chiesi, he
had already stepped down from CEO and was serving as the company's
Chairman.
Lawyers for Ms. Chiesi's lawyers refused comment, as
did Mr. Ruiz. Mr. Ruiz is the largest name in the tech industry
to be implicated in the case yet. Currently Mr. Ruiz is facing
no criminal charges.
Allegedly Mr. Ruiz tipped Ms. Chiesi in
2008 that a major reorganization of AMD was about to occur.
That reorganization was the spinoff
of AMD's fabrication business and creation of the Abu Dhabai
backed Globalfoundries Inc. Globalfoundries makes chips for AMD
and other firms. Mr. Ruiz has served as its chairman since its
founding.
According to the complaint, on August 26, 2008 the
AMD executive (Mr. Ruiz) was asked by Ms. Chiesi if the company would
have less than $3 billion in debt (implying the spinoff), to which he
replied "yes". He then told her that the deal would
likely close in September of 2008. According to documents the
executive then called Ms. Chiesi in September, stating, "You
know, we're going to shock the hell out of everybody" and
telling her that the deal would be officially announced in
October.
Globalfoundries also refused to comment on the
implications of its chairman becoming ensnared in the case.
Drew Prairie, an AMD spokesman, was about the only party who did
offer a comment, stating, "We are thoroughly reviewing the
situation, but at this time we don't have any more detail to discuss
publicly. We are not aware of any allegation of criminal misconduct
on the part of any current or former AMD employees, nor have any
current or former AMD employees been charged with a crime."
It
is unclear what, if any, legal ramifications the case could hold for
Mr. Ruiz. According to sources he did not receive any money or
other rewards in exchange for the information. Also, Galleon,
the investment group accused of making the trades did not profit off
the AMD trade, because the market slumped and it held on a bit too
long. Court documents do consider that officials are
considering legal action against individuals at AMD.
One thing
that makes charges seem more likely is that Mr. Moffat, the other
individual that passed information to Ms. Chiesi is already up on
charges. He, like Mr. Ruiz, has not been publicly accused of
receiving anything in trade or compensation for the information.
Mr.
Ruiz grew up in Mexico and learned English from a Methodist
missionary. He then traveled to the U.S., attended school, and
eventually received a PhD in electrical engineering. He then
worked for Motorola for 22 years before finally joining AMD in 2000.
He became CEO 2002.
Mr. Ruiz masterminded the purchase
of ATI, now one of AMD's most valuable assets. He also made
many moves to cut the company's costs and to push it to be more
competitive with Intel in the desktop and server space.
Galleon
is liquidating its over $3.7B USD portfolio, in part to finance an
expensive legal defense for its executives. Its founder, Raj
Rajaratnam, is accused of master-minding the insider trades. He
and the other Galleon executives have insisted their innocence in
court.
"If they're going to pirate somebody, we want it to be us rather than somebody else." -- Microsoft Business Group President Jeff Raikes
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