Securities and Exchange Commission v. Galleon Management, LP et al

Filing 165

CONSENT ORDER AND JUDGMENT AS TO DEFENDANT KUMAR #10,0814:The Securities and Exchange Commission having filed a Second Amended Complaint("Complaint") and Defendant Anil Kumar ("Defendant") having entered a general appearance; agreed that the Court has jurisdiction over Defendant and the subject matter of this action;consented to entry of this Consent Order; waived findings of fact and conclusions of law; and waived any right to appeal from this Consent Order: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant and Defendant's agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Consent Order by personal service or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security:otherwise are permanently restrained and enjoined from violating, directly or indirectly, Section 1O(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C. § 78j(b)] and Rule] 10b-5 promulgated thereunder [17 C.F.R. § 240.l0b-5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for $2,600,000, representing profits gained and/or losses avoided as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $190,621.In the event that an order of criminal forfeiture is entered against Defendant in the criminal case before the United States District Court of the Southern District of New York titled, United States v. Anil Kumar, IO-CR-000l3, then Defendant's monetary obligations, including all outstanding pre and post judgment interest, will be credited dollar for dollar by the amount of the criminal forfeiture order. The monetary obligations ordered by this Consent Order shall become due thirty (30) days after entry of the Judgment of Conviction in the criminal case, or two (2) years from the date of the entry of this Consent Order, whichever comes first. All other provisions as set forth in this order. So Ordered Modified on 5/17/2010 (js). Modified on 5/18/2010 (ml).