Wednesday, October 5, 2011
The SEC has settled yet another case against a defendant related to Galleon Management. On September 30, 2011, the Honorable Jed S. Rakoff, United States District Judge, United States District Court for the Southern District of New York, entered a Final Judgment on Consent as to Steven Fortuna in the SEC's insider trading case, SEC v. Galleon Management, LP, et al., 09-CV-8811 (SDNY) (JSR). On the same day, the Court entered the SEC's Notice of Dismissal as to S2 Capital Management, LP. The SEC filed its action on October 16, 2009, which alleged that Raj Rajaratnam, Galleon Management, LP, Fortuna, S2 Capital, and others engaged in a widespread insider trading scheme involving hedge funds, industry professionals, and corporate insiders.
Fortuna was a co-founder and principal of S2 Capital, which was an unregistered hedge fund investment adviser based in New York, New York. S2 Capital served as the investment adviser to the hedge fund S2 Capital Fund, LP. During the relevant time period, S2 Capital had over $125 million in assets under management.
The Commission alleged that Fortuna and S2 Capital violated the federal securities laws by trading on the basis of material nonpublic information concerning quarterly earnings of Akamai Technologies, Inc. and concerning Advanced Micro Devices Inc.'s pending transactions with two Abu Dhabi sovereign entities. Fortuna and S2 Capital learned the inside information from Danielle Chiesi, a consultant and portfolio manager at New Castle Funds LLC, then a registered investment adviser based in White Plains, New York.
The Final Judgment orders Fortuna liable for disgorgement of $193,536, prejudgment interest thereon in the amount of $11,040, and a civil penalty in the amount of $96,768. Fortuna separately pleaded guilty in a parallel criminal case before the United States District Court of the Southern District of New York, and has been cooperating in connection with this action and related investigations. The SEC dismissed its case against S2 Capital, an entity which has ceased operations and is essentially defunct.