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RAJIV GOEL Former Intel
Executive Pleads Guilty to Insider Trading with RAJ RAJARATNAM Galleon
Hedge Fund Manager
February 9, 2010
RAJIV
GOEL, a former executive at Intel pleaded guilty today to a two count
Information charging him with conspiracy and securities fraud stemming
from his involvement in the largest hedge fund insider trading case in
history. GOEL pleaded guilty before United States District Judge ALVIN
K. HELLERSTEIN to conspiring to commit insider trading with RAJ
RAJARATNAM of the Galleon Group family of hedge funds, as well as to
substantive securities fraud. RAJARATNAM served as the portfolio manager
of Galleon Technology Offshore, Ltd. ("Galleon Tech"), as well as
certain accounts of Galleon Diversified Fund, Ltd. ("Diversified").
According to the Information filed today in Manhattan federal court, as
well as statements made during today's guilty plea proceeding:
Rajiv Goel and Raj Rajaratnam's Corrupt Agreement
From 2007 through 2009, GOEL and RAJARATNAM (who met in the 1980s while
attending the same business school) engaged in an insider trading scheme
in which GOEL obtained material, nonpublic information ("Inside
Information") relating to Intel and provided that information to
RAJARATNAM. GOEL provided the Inside Information with the understanding
that RAJARATNAM would trade on it, in breach of his fiduciary and other
duties of trust and confidence owed to Intel.
GOEL provided Inside Information to RAJARATNAM because of his friendship
with RAJARATNAM, from which GOEL benefited in various ways, including
financially. For example, in 2005 and 2006, RAJARATNAM gave GOEL money
to help GOEL with personal financial matters, and, from 2005 to 2009,
RAJARATNAM earned trading profits for GOEL by executing securities
transactions in GOEL's personal brokerage account.
Specifically, in April 2007, GOEL obtained Inside Information regarding
Intel's earnings announcement for the quarter ending in March 2007 from
a colleague who worked at Intel. GOEL provided this Inside Information
to RAJARATNAM on Friday, April 13, 2007, at which time Galleon Tech held
a short position of approximately 1,150,000 shares of Intel common stock
(worth approximately $23.5 million). Intel was scheduled to announce its
quarterly earnings on Tuesday, April 17, 2007. Between April 13 and
April 17, 2007, after receiving the Inside Information from GOEL,
RAJARATNAM caused Galleon Tech to cover its entire short position in
Intel common stock and to purchase approximately 1.72 million additional
shares of Intel common stock (worth approximately $36 million). These
trades changed Galleon Tech's position in Intel common stock from short
approximately $23.5 million to long approximately $36 million -- a swing
of approximately $59.5 million -- in the three business days preceding
Intel's earnings announcement. In addition, on April 17, 2007,
RAJARATNAM also caused Diversified to purchase approximately 250,000
shares of Intel common stock.
On April 17, 2007, Intel announced its quarterly earnings for the
quarter ending in March 2007, and the price of Intel's stock rose
significantly. Galleon Tech and Diversified subsequently sold their
shares of Intel common stock, thereby realizing profits and avoiding
losses.
In addition, in early 2008, GOEL obtained Inside Information from a
colleague at Intel regarding Intel's plans to invest in a joint venture
involving Clearwire Corp. GOEL provided this Inside Information to
RAJARATNAM who, in turn, caused Galleon Tech and Diversified to purchase
Clearwire common stock on the basis of the Inside Information provided
by GOEL. On or about March 26, 2008, the price of Clearwire common stock
rose significantly after news articles indicated that various companies,
including Intel, were in discussions with Clearwire to create a joint
venture. RAJARATNAM thereafter caused Galleon Tech to sell the shares of
Clearwire common stock he had previously caused to be purchased based on
GOEL's Inside Information and realized substantial profits.
The
Information charges GOEL with one count of conspiracy to commit
securities fraud and one count of securities fraud. The conspiracy count
carries a maximum sentence of five years in prison and a maximum fine of
the greater of $250,000 or twice the gross gain or loss from the
offense. The securities fraud count carries a maximum sentence of 20
years in prison and a fine of $5 million. The Information also seeks
forfeiture from GOEL of the property that constitutes or is derived from
proceeds traceable to the commission of the offenses charged.
GOEL, 51, resides in Los Altos, California. GOEL is scheduled to be
sentenced on May 28, 2010, by Judge HELLERSTEIN.
Mr. BHARARA praised the investigative work of the Federal Bureau of
Investigation ("FBI") and thanked the U.S. Securities and Exchange
Commission ("SEC") for its assistance. Mr. BHARARA added that the
investigation is continuing.
U.S. Attorney PREET BHARARA said: "Rajiv Goel is a professional who
abused the access he had to sensitive corporate secrets to benefit a
select few, and today he admitted to helping his friend supercharge
returns with illegal inside information. We will continue to work with
our partners at the FBI and the SEC to pursue corporate corruption to
the fullest extent of the law." |