Expert-Networking Insider Trading Trial to Enter Jury Deliberation Phase
A Manhattan federal jury began deliberating the fate of James Fleishman, an ex-Primary Global Research LLC executive charged with helping pass confidential information as part of an insider-trading scheme.
Fleishman, 42, of Santa Clara, California, is charged with conspiracy to commit securities fraud and conspiracy to commit wire fraud. Prosecutors said he took part in a scheme to pass confidential information from employees at Dell Inc. (DELL), Advanced Micro Devices Inc. (AMD), and Samsung Electronics Co. to fund managers. Fleishman, who has pleaded not guilty, faces as long as 25 years in prison if convicted.
Prosecutors allege that Fleishman, as a salesman for the firm, obtained and passed confidential data from technology company employees who were moonlighting as consultants for Mountain View, California-based Primary Global. The secret tips were given to certain fund managers who paid Primary Global for consultation calls, prosecutors said.
“He knew confidential information was being passed repeatedly to members of the investment community,” Assistant U.S. Attorney David Leibowitz told jurors in closing arguments yesterday. “He not only knew it, he helped make it happen.”
Dozens of E-Mails
Leibowitz cited dozens of e-mails Fleishman sent and phone conversations he had with cooperating witnesses that were secretly recorded by the Federal Bureau of Investigation. Prosecutors also cited the testimony of three technology company employees who gave evidence for the government.
Primary Global, known as PGR, matches investors with specialists who provide insight into specific markets. Fleishman earned more than $800,000 from 2008 to 2010, according to records shown by the U.S. Consultants were paid as much as $300 a call, with some earning as much as $200,000, the government said.
In his closing argument, Ethan Balogh, a lawyer for Fleishman, said there was no evidence his client knew that consultants were violating compliance agreements with their employers.
Balogh said Fleishman relied on the expert networkers’ own representations about their ability to do consulting outside their companies. He also cited an agreement the consultants signed and submitted to Primary Global confirming they had permission to do such work and agreeing not to pass confidential information during calls.
‘Did Not Agree’
The defense attorney said the technology company insiders who testified for the prosecution were secretive about their criminal activities and that Fleishman had no idea whether some consultants he recruited crossed a line and passed confidential data to fund managers.
“He did not agree with anybody to steal information,” Balogh said. “He did not intend that any PGR consultant would violate their agreement with their employer to not provide confidential information.”
Among the witnesses against Fleishman was Bob Nguyen, a former Primary Global analyst who pleaded guilty and said he knowingly passed confidential company information to Fleishman from consultants.
Others who testified for the U.S. during the 2 1/2-week trial were Daniel Devore, a former global-supply manager of Round Rock, Texas-based Dell; Mark Anthony Longoria, a former Advanced Micro Devices manager; and Steven Hwang, an ex-Samsung Electronics employee. All except Hwang pleaded guilty to passing confidential information to fund managers during Primary Global consulting calls.
Apple IPad Data
Hwang testified that during a December 2009 lunch in California with Fleishman and a fund manager, he passed confidential shipping data for Apple Inc. iPad components, four months before the iPad made its U.S. debut.
Since November, 15 people have been charged by federal prosecutors in the office of Manhattan U.S. Attorney Preet Bharara in a probe of expert networkers and fund managers. Twelve have pleaded guilty, including Noah Freeman, a former portfolio manager with SAC Capital Advisors LP, and Samir Barai, the founder of Barai Capital Management LP.
Winifred Jiau, a former Primary Global consultant, was convicted at trial in June of securities fraud and conspiracy. Fleishman is the second defendant in the investigation to go to trial.
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