Bob Nguyen, a former analyst for expert-networking firm Primary Global Research LLC, pleaded guilty today in Manhattan federal court in the latest case brought as part of a nationwide U.S. insider-trading probe.
Nguyen, 32, of Stockton, California, admitted he was part of a scheme at his firm to provide hedge fund clients with material, non-public information. Nguyen, whose cooperation may help prosecutors convict other defendants, is the latest person tied to Primary Global to be implicated in the U.S. insider- trading probe.
Expert-networking companies such as Mountain View, California-based Primary Global match investors with specialists who provide insight into specific markets. Nguyen told U.S. Magistrate Judge Debra Freeman today that he recruited employees of public companies as consultants who were paid on an hourly basis to hold calls with Primary Global clients, who in turn paid the firm for the inside information.
“I myself obtained material nonpublic information from PGR experts, often over the telephone, and then passed that information to PGR clients, directly and indirectly through other PGR employees by e-mail or telephone,” Nguyen said. “I knew that certain PGR experts were providing material nonpublic information about their companies directly to PGR clients.”
The clients were “money managers, including hedge funds,” many of them based in New York, who sought the insiders’ tips “for the purpose of executing securities transactions,” Nguyen said.
Revenues, Supplies
Prodded by Freeman to say whether Primary Global employees knowingly engaged in a conspiracy or worked independently, Nguyen said he and other firm employees had an agreement to provide non-public information, such as “revenues, supplies and clients,” to hedge-fund employees who traded on it.
Nguyen pleaded guilty to conspiracy and fraud in a case being prosecuted by the office of Manhattan U.S. Attorney Preet Bharara. He faces as long as 20 years in prison on the most serious charge when he is sentenced by U.S. District Judge Victor Marrero.
Assistant Manhattan U.S. Attorney Antonia Apps today described Nguyen in court as “a cooperating witness with the government.” In a plea agreement Nguyen signed last month with the U.S., he promises to continue to provide information to prosecutors in exchange for a lenient sentence.
Remains Free
After he entered his guilty plea, Nguyen was allowed to remain free on his own recognizance, surrendered his passport and was told by Freeman not to leave the continental U.S. No sentencing date was set. The magistrate directed that he return to court on April 11.
Both Nguyen and his lawyer, Susan Cassell, declined to comment after court.
Nguyen, who said he worked at Primary Global between January 2008 and February 2010, was a semiconductor vertical manager doing research in semiconductor stocks, according to the company’s website. Before joining the company, he did marketing for power products at National Semiconductor Corp., according to a posting on Primary Global’s website.
He said in court today that he knew he was breaking the law because he had previously worked at a public company where employees were barred from disclosing material, non-public information.
“I knew from my past experience as an employee of a public company that employees of companies are prohibited from disclosing confidential information,” he said. “I also soon realized that by providing material, non-public information to PGR clients, they were violating their duties owed to their companies to keep that information confidential.”
Blog Entries
Archives on the Primary Global website show that Nguyen wrote frequently, posting blog entries about technology products such Apple Inc.’s iPhone and Research In Motion Ltd.’s BlackBerry “Storm” as recently as December 2009.
Winifred Jiau, a former consultant for Primary Global who was also charged by Bharara’s office in the case last month, intends to plead not guilty, her lawyer Mark Goldrosen said today.
Jiau, who is in custody in federal jail in Dublin, California, after a judge said she was a flight risk, was arrested Dec. 28 and accused of selling information about Nvidia Corp. and Marvell Technology Group Ltd. to portfolio managers at three unidentified hedge funds through Primary Global.
Two other former Primary Global employees, Don Ching Trang Chu, and James Fleishman, also have been criminally charged.
‘CW-4’
Prosecutors on Dec. 16 announced insider trading charges against Fleishman and four Primary Global experts who worked at technology firms including Dell Inc. The complaint in that case doesn’t name Nguyen, though it does say that five people are cooperating with the U.S. probe. Among them is a Primary Global semiconductor vertical manager identified as “CW-4.”
Cassell and Ellen Davis, a spokeswoman for Bharara, declined to comment when asked if Nguyen was CW-4.
Two other people pleaded guilty last month in the case. On Dec. 14, Karl Motey, an independent consultant in California, pleaded guilty and agreed to cooperate with the U.S. in the insider trading probe.
Daniel DeVore, a former a global supply manager at Dell, pleaded guilty on Dec. 10 and also is cooperating with the U.S. In his guilty plea, DeVore said he worked as a paid consultant for Primary Global from late 2007 to August 2010 and, through the firm, accepted money from hedge funds for inside information.
Rajaratnam Arrest
The insider-trading probe became public in 2009 with the arrest of Galleon Group LLC hedge fund co-founder Raj Rajaratnam, who denies the charges against him and is scheduled to go on trial in Manhattan on Feb. 28.
At least 16 people have pleaded guilty out of about two dozen arrests in the probe. The crackdown widened late last year with the arrest of workers at technology firms and of employees at an expert-networking firm.
The expert-network arm of the Galleon probe was revealed with the execution of search warrants at three hedge funds in New York and Boston on Nov. 22.
The case is U.S. v. Bob Nguyen, U.S. District Court, Southern District of New York (Manhattan).
Posted by Carmine Angone, Director, ICS Compliance - Confidence in Compliance for Hedge Fund Managers, Investment Advisors and Broker-Dealers