Federal prosecutors brought what they called “the most lucrative insider trading scheme ever charged,” filing a criminal case on Tuesday against a former trader at a unit of the hedge fund SAC Capital.
Mathew Martoma, a former trader at CR Intrinsic, a division of SAC Capital, was charged with making about $276 million in combined profits and avoided losses by obtaining confidential information about a drug trial for an Alzheimer’s drug developed by the pharmaceutical companies Elan and Wyeth.
The case is the latest to put the billionaire investor Steven A. Cohen and his hedge fund, SAC Capital, in the spotlight over insider trading crimes committed by former employees.
Mr. Martoma received the information from Sidney Gilman, a neurology professor at the University of Michigan, a leading expert in Alzheimer’s disease. Mr. Gilman is cooperating with the government and has entered into a nonprosecution agreement with the United States attorney’s office in Manhattan.
Mr. Gilman connected with Mr. Martoma through an expert network firm based in New York. Expert networks became popular on Wall Street in the last decade, linking Wall Street money managers to specialists in various industries to help give them an edge on their investments. Expert networks have been a focus of the government’s widespread crackdown on insider trading at hedge funds.
His consulting work at the expert network firm earned Mr. Gilman more than $100,000, according to a parallel civil complaint against Mr. Martoma and Mr. Gilman filed by the Securities and Exchange Commission on Monday.
According to the complaint, between 2006 and 2008, Mr. Martoma consulted with Mr. Gilman on dozens of occasions about the preliminary results of the drug trial and accumulated a roughly $700 million position in the stocks of Wyeth and Elan. Mr. Gilman was chairman of the safety committee overseeing the drug trial.
In June 2008, the complaint says, Mr. Martoma received secret information about negative data relating to the drug trials. After receiving that information, Mr. Martoma caused SAC Capital to sell its entire inventory of roughly 10.5 million shares in Elan and about 7 million shares of Wyeth before the public release of the data.
The day after the study was announced, Elan stock lost about 42 percent of its value and Wyeth dropped about 12 percent. The inside information allowed SAC Capital to make about $276 million in illegal gains.
Mr. Martoma left SAC Capital in 2010, according to a spokesman at the hedge fund. A lawyer for Mr. Martoma could not be reached immediately for comment.
In a statement, Preet Bharara, the United States attorney, said: “The charges unsealed today describe cheating coming and going – specifically, insider trading first on the long side, and then on the short side, on a scale that has no historical precedent. As alleged, by cultivating and corrupting a doctor with access to secret drug data, Mathew Martoma and his hedge fund benefited from what might be the most lucrative inside tip of all time.”
Mr. Martoma is the latest person to have worked at SAC to be ensnared in an insider trading investigation. Jon Horvath, a former technology industry analyst at SAC, pleaded guilty in September to participating in a conspiracy that illegally traded in the shares of Dell computer. His boss, the former portfolio manager Michael Steinberg, has been named as an unindicted co-conspirator but has not been charged in the case. Mr. Steinberg’s lawyer, Barry Berke, declined to comment.
Last year, two former SAC portfolio managers – Donald Longueuil and Noah Freeman – admitted to trading on illegal tips about publicly traded technology companies. Mr. Longueuil is serving a two-and-a-half-year term at a federal prison in Otisville, N.Y.; Mr. Freeman, who is cooperating with prosecutors, has yet to be sentenced.
| NAMES | THE CASES |
|---|---|
| Jonathan Hollander | The former analyst paid more than $220,000 to settle civil charges brought by the Securities and Exchange Commission accusing him of trading in his personal account on confidential information about the 2006 takeover of the Albertsons grocery store chain. |
| Jon Horvath and Michael Steinberg |  Mr. Horvath, right, a former technology industry analyst, pleaded guilty in September to participating in a conspiracy that illegally traded in the shares of Dell computer. His boss, the former portfolio manager Mr. Steinberg, has been named as an unindicted co-conspirator but has not been charged in the case. Federal prosecutors contend they were part of a seven-person conspiracy — a “circle of friends” — that earned about $62 million in illegal gains trading on secret tips from executives at publicly traded technology companies. |
| Donald Longueuil and Noah Freeman |  The two former portfolio managers admitted in 2011 to trading on illegal tips about publicly traded technology companies. Mr. Longueuil, right, was swept up in a crackdown on so-called expert networks. He is one of roughly a dozen implicated in the case. Mr. Longueuil is serving a two-and-a-half-year jail term at a federal prison in Otisville, N.Y.; Mr. Freeman, who is cooperating with prosecutors, has yet to be sentenced. |
| Mathew Martoma | The former trader at CR Intrinsic, a unit of the hedge fund, was charged with making about $276 million in combined profits and avoided losses by obtaining confidential information about a drug trial for an Alzheimer’s drug developed by the pharmaceutical companies Elan and Wyeth. |
DealBook: Ex-Trader Charged in $276 Million Insider Scheme
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DealBook: Ex-Trader Charged in $276 Million Insider Scheme
