Thursday, January 31, 2013

Reuters: Regulatory News: UPDATE 3-Informant in Galleon insider-trading case gets a year in prison

Reuters: Regulatory News
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UPDATE 3-Informant in Galleon insider-trading case gets a year in prison
Feb 1st 2013, 00:06

Thu Jan 31, 2013 7:06pm EST

By Nate Raymond

NEW YORK Jan 31 (Reuters) - Roomy Khan, a one-time technology company executive who became a key FBI informant in the insider-trading case against hedge-fund manager Raj Rajaratnam, was sentenced to 12 months in prison on Thursday.

Her defense lawyer had sought five years of probation for Khan, 54, who pleaded guilty in 2009 to securities fraud, obstruction of justice and conspiracy. U.S. District Judge Jed Rakoff in Manhattan also ordered her to forfeit nearly $1.53 million.

"As I reflect back, I am horrified by the choices I made," Khan said.

Khan is one of only a few women who have been charged in the government's broad insider-trading crackdown, which has involved money managers, traders, consultants and lawyers.

Her cooperation helped U.S. authorities in the Rajaratnam prosecution. Rajaratnam, founder of the Galleon Group, was convicted by a federal jury in May 2011 and is serving an 11-year prison term.

She was also called as a government witnesses at the insider trading trial of Doug Whitman, a California hedge fund manager and founder of Whitman Capital LLC who was sentenced last week to two years in prison.

Prosecutors said Khan also obstructed the investigation, alerting co-conspirators that the U.S. Securities and Exchange Commission had contacted her and deleting email communications.

Khan, whose voice broke up during her sentencing, said she was sorry, not just to the court but also to her daughter, husband and parents.

She said she lied to the government to protect herself, her friends and family and that she engaged in insider trading to "protect my life and status."

Since August 2009, federal prosecutors in New York have charged 76 people with insider trading and have landed convictions against 71 of them.

By the end of Thursday, 42 of them will have been sentenced. Jason Pflaum, a former analyst at the hedge fund Barai Capital Management who cooperated in the Justice Department's probe of expert-network firms, was sentenced later on Thursday to time served plus two years probation.

Prosecutors said Khan met Rajaratnam shortly after landing a job as a marketing executive at Intel Corp in 1995. They contend that when Rajaratnam started Galleon, she began giving him non-public information about Intel.

The FBI in San Francisco approached soon after. She was sentenced in 2002 to three years probation after pleading guilty to a count of wire fraud and reaching a cooperation agreement.

Khan worked at Galleon but left to manage her and her husband's personal portfolio.

Prosecutors said in a sentencing memo filed on Friday that beginning in 2004, Khan again began soliciting non-public tips and trading on them. They said she also began exchanging her tips with other contacts and that she gave tips to Rajaratnam and Whitman.

Prosecutors attributed Khan's insider trading to personal financial difficulties. Her lawyer said in a court filing on Monday that she lost $49.6 million of her money when the Internet bubble burst.

She began cooperating with the government in 2007 after the Federal Bureau of Investigation approached her. Her assistance led to a 2008 wiretap of Rajaratnam's cell phone, which prosecutors said led to further evidence.

Stanislao German, Khan's lawyer, acknowledged "bumps along the way" with regard to her obstruction of the investigation.

"For self-serving and other reasons she tried to be double-faced," Rakoff said. "That's not a very sympathetic thing."

Rakoff also sentenced Khan to three years supervised release following her prison term. She previously agreed in 2010 to pay $1.86 million to settle an SEC civil lawsuit.

The case is United States v. Khan, U.S. District Court, Southern District of New York, 09-991.

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Reuters: Regulatory News: US seeks greater ethanol use despite efforts to cut it

Reuters: Regulatory News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
US seeks greater ethanol use despite efforts to cut it
Jan 31st 2013, 23:49

Thu Jan 31, 2013 6:49pm EST

* Overall biofuel target up 9 pct, corn ethanol up 4.5 pct

* Mandate due to rise to 36 billion gallons in 2022

* Foes lost bid last summer to cancel ethanol mandate

WASHINGTON, Jan 31 (Reuters) - Corn ethanol would get a larger share of the U.S. gasoline market under a government proposal on Thursday while ranchers, environmentalists and the oil industry aim to kill the renewable fuels mandate altogether.

The Obama administration proposed a 9 percent increase in the so-called renewable fuels standard from 2012, in line with a 2007 law. Half of the 1.35 billion-gallon increase would go to corn ethanol and half to "advanced" biofuels that produce half the greenhouse gases of first-generation ethanol.

Overall, biofuels would be allotted 16.5 billion gallons of the fuel market for cars and light trucks. The mandate reaches 36 billion gallons in 2022, with half of the mandate going to new-generation biofuels.

Last fall, the administration denied a request from several governors from livestock and oil-producing states for a partial or total waiver of the requirement to use ethanol. Corn prices soared during the drought as ethanol makers, livestock producers, and grain exporters competed for a smaller supply.

"We're girding for a fight," said Bob Dinneen of the ethanol trade group Renewable Fuels Association. He said a campaign against the biofuel mandate already was under way.

There will be a 45-day comment period on the latest proposal after which the Environmental Protection Agency will issue a final ruling.

EPA SAYS CELLULOSIC TARGET IS REASONABLE

As part of its proposal, the EPA put the mandate for advanced biofuels at 2.75 billion gallons, including 14 million gallons of cellulosic biofuels, made from grass, shrub and trees.

The cellulosic target "is a reasonable representation of expected production," EPA said was in line with an appellate court decision last week that ruled against an unrealistically high production target.

EPA set its biodiesel target for this year at 1.28 billion gallons in an earlier, separate action.

Traders said Brazilian ethanol, made from sugar cane, and domestic biodiesel would compete to fill the advanced biofuels mandate. Biodiesel counts as an advanced biofuel.

In addition, EPA proposed a new voluntary program to assure the validity of Renewable Identification Numbers, known as RINs. Fuel companies can use RINs, each representing a gallon of biofuel, to meet the renewable fuel mandate.

Fraudulent RINs have been a problem in the biodiesel industry. EPA said it worked with the biofuels industry in developing its RINs proposal.

ETHANOL PRODUCTION FALLS DURING TOUGH YEAR

U.S. ethanol production fell during the second half of 2012 in the face of high corn prices, the drought-shortened crop and weaker demand for gasoline, the Energy Department said on Thursday. And ethanol prices in 2012 were down 8 percent from 2011's average.

The slump continued into this year. Ethanol production in the week ending on Jan. 25 was the lowest in two years and the four-week average pointed to ethanol production of 12.2 billion gallons this year, far below the mandate of 13.6 billion gallons.

"There's not a market. We're trying to build demand," said Dinneen of the RFA.

Three dozen ethanol plants, with 15 percent of industry capacity, were closed as of Tuesday. Analysts said comparatively low demand for gasoline meant limited demand for ethanol too.

Ethanol is a farm-state favorite, where it is embraced as a home-grown antidote for oil imports and a job-creating industry for rural America. About 40 percent of the corn crop is used in distilling ethanol.

Foes ranging from environmentalists to livestock producers and the oil industry want to end the mandate. They say it encourages soil erosion and pesticide runoff from farms and, by driving up the cost of livestock feed, affects beef, pork and chicken meat prices in grocery stores.

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Reuters: Regulatory News: UPDATE 1-FTC chairman Leibowitz to step down in February

Reuters: Regulatory News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
UPDATE 1-FTC chairman Leibowitz to step down in February
Jan 31st 2013, 23:53

Thu Jan 31, 2013 6:53pm EST

* Led probe into Google that ended with mild reprimand

* Passionate about drugmaker "pay for delay" cases

* Two current commissioners among those seen in running

By Diane Bartz

WASHINGTON, Jan 31 (Reuters) - The chairman of the Federal Trade Commission, Jon Leibowitz, said on Thursday he will step down in mid-February after a tenure famous for a probe of allegations that Google manipulated search results that resulted in a mild reprimand for the technology company.

Leibowitz, a Democrat who had led the agency since 2009, told Reuters he will leave in the middle of February and take some time off before beginning work in the private sector. He does not yet have a new post.

The four people considered most likely to replace him include fellow commissioners Julie Brill and Edith Ramirez and Howard Shelanski, the director of the FTC's Bureau of Economics.

The fourth potential candidate is Philip Weiser, a veteran of the White House and Justice Department, who now teaches law at the University of Colorado in Boulder.

As current commissioners Brill and Ramirez would not face confirmation by the Senate.

In the world of high-tech, Leibowitz will be known as the regulator who took on Google, the search engine giant, but did not win the tough settlement that many hoped for.

Leibowitz, 54, also pursued brand name pharmaceutical companies who engaged in so-called "pay for delay" with generic drugmakers, and made online privacy an issue, pushing unsuccessfully for companies to allow consumers to choose for themselves whether they wanted to be tracked online.

Under Leibowitz, the agency also went after a long list of small-time scam artists who failed to deliver on promises to consumers to lower credit card interest rates or stave off foreclosures.

THE GOOGLE FIGHT

The FTC's most public fight during Leibowitz's chairmanship ended with a less than a bang.

Leibowitz had pushed hard for the FTC to investigate allegations that Google manipulated its Web search results to hurt rivals, among other offenses.

In a highly publicized trip to California's Silicon Valley, he announced that the agency had hired a crackerjack litigator to take on the search giant - racheting up expectations that the probe would end in litigation.

But in early January, Leibowitz announced that a much smaller deal had been reached with the search giant - one that ended the practice of "scraping" reviews and other data from rivals' websites for its own products. Google also agreed to no longer request sales bans when suing companies which infringe on patents that are essential to ensuring interoperability.

Leibowitz acknowledged at the time that that there would disappointment with the FTC decision. "Even though people would like us to bring a big search bias case, the facts aren't there," he said.

TAKING ON DRUG COMPANIES

The issue that has perhaps been closest to Leibowitz's heart has been fighting deals that brand-name drug companies make with generic manufacturers in order to stop them from bringing out a cheaper version of marquee drugs.

The FTC says that 127 such deals reached between 2005 and 2011 cost consumers, insurance companies and the government $3.5 billion annually.

The arrangements have vexed antitrust enforcers for more than a decade.

The FTC has thus far had mixed success in fighting them but the issue could be coming to a head.

In December, the U.S. Supreme Court agreed to decide whether Solvay Pharmaceuticals Inc, now owned by Abbott Laboratories, acted illegally when it paid three companies not to manufacture of generic versions of AndroGel, a treatment for men with low testosterone.

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Reuters: Regulatory News: FTC chairman Leibowitz to step down

Reuters: Regulatory News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
FTC chairman Leibowitz to step down
Jan 31st 2013, 23:03

WASHINGTON | Thu Jan 31, 2013 6:03pm EST

WASHINGTON Jan 31 (Reuters) - The chairman of the Federal Trade Commission, Jon Leibowitz, said on Thursday that he will step down in mid-February after a tenure that included a controversial decision to end a highly public probe of Google with only a mild reprimand.

Leibowitz told Reuters he will leave in the middle of next month and take some time off before beginning work in the private sector. He does not yet have a new post.

There are four people who are considered most likely to replace him. They include fellow commissioners Julie Brill and Edith Ramirez and Howard Shelanski, the director of the FTC's Bureau of Economics.

The fourth potential candidate is Philip Weiser, a veteran of the White House and Justice Department, who now teaches law at the University of Colorado in Boulder.

Brill and Ramirez would not face confirmation by the Senate.

In the world of high-tech, Leibowitz will be known as the guy who took on Google, but did not win the tough settlement that many hoped for.

Also Leibowitz pursued brand name pharmaceutical companies who settled patent litigation with generic companies, with the brand name companies sometimes paying the generics to delay production of the cheaper drugs.

Leibowitz also made online privacy an issue, pushing unsuccessfully for companies to allow consumers to choose for themselves whether they wanted to be tracked online.

Under Leibowitz, the agency went after a long list of small-time scam artists who failed to deliver on promises to consumers to lower credit card interest rates or stave off foreclosures.

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Reuters: Regulatory News: UPDATE 1-US insider trading informant gets 12 months in prison

Reuters: Regulatory News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
UPDATE 1-US insider trading informant gets 12 months in prison
Jan 31st 2013, 22:33

Thu Jan 31, 2013 5:33pm EST

By Nate Raymond

NEW YORK Jan 31 (Reuters) - Roomy Khan, a one-time technology company executive who became a key FBI informant in the insider-trading case against hedge-fund manager Raj Rajaratnam, was sentenced to 12 months in prison on Thursday.

Defense lawyers had sought five years of probation for Khan, 54, who pleaded guilty in 2009 to securities fraud, obstruction of justice and conspiracy. U.S. District Judge Jed Rakoff in Manhattan also ordered she forfeit nearly $1.53 million.

Khan is one of only a few women who have been charged in the government's broad insider-trading crackdown, which has involved money managers, traders, consultants and lawyers.

Her cooperation helped U.S. authorities in the Rajaratnam prosecution. Rajaratnam, founder of the Galleon Group, was convicted by a federal jury in May 2011 and is now serving an 11-year prison term.

But prosecutors said Khan also obstructed the investigation, at times lying to investigators, alerting co-conspirators that the U.S. Securities and Exchange Commission had contacted her, and deleting email communications.

Khan, whose voice broke up during her sentencing, said she was sorry, not just to the court but also to her daughter, husband and parents. She said she lied to the government to protect herself, her friends and family and that she engaged in insider trading to "protect my life and status."

"As I reflect back, I am horrified by the choices I made," she said.

The case is United States v. Khan, U.S. District Court, Southern District of New York, 09-991.

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Reuters: Regulatory News: UPDATE 1-U.S. SEC names acting heads of enforcement

Reuters: Regulatory News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
UPDATE 1-U.S. SEC names acting heads of enforcement
Jan 31st 2013, 21:43

Thu Jan 31, 2013 4:43pm EST

WASHINGTON Jan 31 (Reuters) - The U.S. Securities and Exchange Commission on Thursday named temporary leadership in its enforcement division, as the agency works through significant turnover after the election.

George Canellos, who is now a deputy in the division, will take over as acting head of enforcement effective Feb. 8, the SEC said in Thursday.

David Bergers, who heads the SEC's Boston office, will take over as acting deputy director of enforcement.

The SEC lost some of its top leadership after Chairman Mary Schapiro stepped down at the end of last year.

Current SEC enforcement director Robert Khuzami announced his departure earlier this month. At the time, insiders had described Canellos and Bergers as likely candidates for the job.

Any permanent new director will likely not be named until Congress approves Mary Jo White, President Barack Obama's nominee to lead the commission in his second term.

"George's proven intellectual abilities and creative approach to problem-solving have made him an extremely effective advocate for investors and make him ideally suited to serve as Acting Director," Elisse Walter, who is serving as SEC chairman, said in a statement.

Canellos, 48, also led the SEC's New York office and worked as a federal prosecutor there under White, a former U.S. Attorney. Some SEC watchers have suggested that he could remain as director of the enforcement division under White.

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Reuters: Regulatory News: CORRECTED-US insider trading informant Khan gets 12-month prison term

Reuters: Regulatory News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
CORRECTED-US insider trading informant Khan gets 12-month prison term
Jan 31st 2013, 22:27

Thu Jan 31, 2013 5:27pm EST

NEW YORK Jan 31 (Reuters) - Roomy Khan, a one-time technology company executive who became a key FBI informant in the insider-trading case against hedge-fund manager Raj Rajaratnam, was sentenced to 12 months in prison on Thursday.

Defense lawyers had sought five years of probation for Khan, 54, who pleaded guilty in 2009 in U.S. District Court in Manhattan to securities fraud, obstruction of justice and conspiracy. She faced a maximum 30-year sentence.

Khan's cooperation helped U.S. authorities in their probes of illicit trading, including the Rajaratnam prosecution. Rajaratnam, founder of the Galleon Group, was convicted by a federal jury in May 2011 and is now serving an 11-year prison term. (Reporting By Nate Raymond in New York; Editing by Martha Graybow, Gary Hill)

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