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

Filing 221

FINAL JUDGMENT #11,1301 in favor of Securities and Exchange Commission against Danielle Chiesi in the amount of $ 540,534.90. (Signed by Judge Jed S. Rakoff on 7/11/11) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
-againstGALLEON MANAGEMENT, LP,
RAJ RAJARATNAM,
RAJIVGOEL,
ANILKUMAR,
DANIELLE CIDESI,
MARK KURLAND,
ROBERT MOFFAT,
NEW CASTLE FUNDS LLC,
ROOMY KHAN,
DEEP SHAH,
ALIBARIRI,
ZVIGOFFER,
DAVID PLATE,
GAUTHAM SHANKAR,
SCHOTTENFELD GROUP LLC,
STEVEN FORTUNA,
and
S2 CAPITAL MANAGEMENT, LP,

09 Civ. 8811 (JSR)

ECFCASE

Defendants.

FINAL JUDGMENT AS TO DEFENDANT DANIELLE CHIESI

The Securities and Exchange Commission having filed a Second Amended Complaint
("Complaint") and Defendant Danieile Chiesi having entered a general appearance; consented to
the Court's jurisd iction over Defendant and the subject matter of this action; consented to entry
ofthis Final Judgment; waived findings of fact and conclusions oflaw; and waived any right to
appeal from this Final Judgment:

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I.

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 Final Judgment by personal service or
otherwise are permanently restrained and enjoined from violating, directly or indirectly, Section
lOeb) of the Securities Exchange Act of 1934 (the "Exchange Act'l) [15 U.S.c. § 78j(b)] and
Rule IOb-5 promulgated thereunder [17 C.F.R. § 240.1 Ob-5], by using any means or
instrumental ity 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:
(a)

to employ any device, scheme, or artifice to defraud;

(b)

to make any untrue statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances
under which they were made, not misleading; or

(c)

to engage in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person.
II.

lT IS HEREBY FURTHER 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 Final Judgment by personal service or
otherwise are permanently restrained and enjoined from violating Section l7(a) of the Securities
Act of J933 (the "Securities Act") [15 U.S.c. § 77q(a)] in the offer or sale of any security by the
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use of any means or instruments of transportation or communication in interstate commerce or by
use ofthe mails, directly or indirectly:
(a)

to employ any device, scheme, or artifice to defraud;

(b)

to obtain money or property by means of any untrue statement of a material fact
or any omission of a material fact necessary in order to make the statements
made, in light of the circumstances under which they were made, not misleading;
or

(c)

to engage in any transaction, practice, or course of business which operates or
would operate as a fraud or deceit upon the purchaser.

Ill.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable
for $500,000.00, 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
$40,534.90, for a total of$540,534.90. In the event that an order offorfeiture 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. Danielle Chiesi, 09-CR-1184 (RJH), then Defendant's
monetary obligations, including all outstanding pre and post judgment interest, will be credited
dollar for dollar by the amount of the forfeiture order.. The monetary obligations ordered by this
Final Judgment shall become due thirty (30) days after entry of this Final Judgment. Defendant
shall pay the monetary obligations ordered by this Final Judgment (minus any amount ordered in
criminal forfeiture) by certified check, bank cashier's check, or United States postal money order
payable to the Securities and Exchange Commission. The payment shall be delivered or mailed

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to the Office of Financial Management, Securities and Exchange Commission, 100 F Street, NE,
Mail Stop 6042, Washington, DC 20549, and shall be accompanied by a letter identifying
Defendant's name as defendant in this action; setting forth the title and civil action number of
this action and the name of this Court; and specifying that payment is made pursuant to this Final
Judgment. A copy of the letter shall be sent to counsel of record for the Commission in this
action. The Commission shall remit the funds paid pursuant to this paragraph to the United
States Treasury. Defendant shall pay post-judgment interest on any delinquent amounts pursuant
to 28 USC § 1961. The Commission shall remit the funds paid pursuant to this paragraph to the
United States Treasury.
IV.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is
incorporated herein with the same force and effect as if fully set forth herein, and that Defendant

shall comply witb all of the undertakings and agreements set forth therein.

v.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain
jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.

VI.
There being no just reason for delay, pursuant to Rule 54(b) ofthe Federal Rules ofCivi1
Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice.

Dated:

UNIT

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TATES DIS

T JUDGE

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UNITED STATES DlSTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

SECURITIES AND EXCHANGE COMMISSION.
Plaintiff,

-againstGALLEON MANAGEMENT, LP,
RAJ RAJARATNAM,
RAJIVGOEL,
ANIL KUMAR,'
DANIELLE CHIESI,
MARK KURLAND,
ROBERT MOFFAT,
NEW CASTLE FUNDS LLC,
ROOMY KHAN,
DEEP SHAH,
ALIHARIRI,
ZVIGOFFER,
DAVID PLATE,
GAUTHA...'\1 SHANKAR,
SCHO'ITENFELD GROUP LLC,
STEVEN FORTUNA,
and
S2 CAPITAL MANAGEMENT, LP,

09 Civ. 8811 (JSR)
ECFCASE

Defendants.

CONSENT OF DEFENDANT DANIELLE CRIESI
I.

Defendant Danielle Chiesi ("Defendant") acknowledges having been served with

the Second Amended Complaint ("Complaint") in this action, enters a general appearance, and
admits the Court's jurisdiction over Defendant and over the subject matter of this action.
2.

Defendant hereby consents to the entry of the final judgment in the form attached

hereto (the "Final Judgment") and incorporated by reference herein, which, among other things:

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(a)

permanently restrains and enjoins [)(;fcndant from violations of Section
17(a) of the Securities Act of 1933 (the "Securities Act") [15 U.S.C. §
77q(a)], Section lOeb) 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. § 240.1 Ob-5]; and

(b)

orders Defendant liable for disgorgement in the amount of $500,000. plus
prejudgment interest thereon in the amount of $40,534.90, for a total of
$540,534.90, but provides that in the event that an order of 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.
Danielle Chiesi, 09-CR-1184 (RJH), then Defendant's disgorgement
obligations, including all outstanding pre and post judgment interest, will
be credited dollar for dollar by the amount of the forfeiture order.

3.

Defendant waives tbe entry of findings offact and conclusions of law pursuant to

Rule 52 of the Federal Rules ofCivil Procedure.
4.

Defendant waives the right. ifany, to ajury trial and to appeal from the entry of

the Final Judgment.
5.

Defendant enters into this Consent voluntarily and represents that no threats,

offers, promises, or inducements of any kind have been made by the Comm ission or any
member, officer, employee. agent. or representative of the Commission to induce Defendant to
enter into this Consent.
6.

Defendant agrees that this Consent shall be incorporated into the Final Judgment

with the same force and effect as if fully set forth therein.

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7.

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Defendant will not oppose the enforcement ofthe Final Judgment on the ground,

if any exists, that it fails to comply with Rule 65(d) of the Federal Rules of Civil Procedure, and
hereby waives any objection based thereon.
8.

Defendant waives service of the Final Judgment and agrees that entry of the Final

Judgment by the Court and filing with the Clerk of the Court will constitute notice to Defendant
of its terms and conditions. Defendant turther agrees to provide counsel for the Commission,
within thirty days after the Final judgment is filed with the Clerk of the Court, with an affidavit
or declaration stating that Defendant has received and read a copy of the Final Judgment.
9.

Consistent with 17 C.F.R. 202.S(f), this Consent resolves only the claims asserted

against Defendant in this civil proceeding. Defendant acknowledges that no promise or
representation has been made by the Commission or any member, officer, employee, agent, or
representative of the Commission with regard to any criminal liability that may have arisen or
may arise from the facts underlying this action or immunity from any such criminal liability.
Defendant waives any claim of Double Jeopardy based upon the settlement of this proceeding,
including the imposition of any remedy or civil penalty herein. Defendant further acknowledges
that the Court's entry ofa permanent injunction may have collateral consequences under federal
or state law and the rules and regulations of self-regulatory organizations, licensing boards, and
other regulatory organizations. Such collateral consequences include, but are not limited to, a
statutory disqualification with respect to membership or participation in, or association with a
member of, a self-regulatory organization. This statutory disqualification has consequences that·
are separate from any sanction imposed in an administrative proceeding. In addition. in any
disciplinary proceeding before the Commission based on the entry of the injunction in this

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action, Defendant understands that she shall not be permitted to contest the factual allegations of
the complaint in this action.

10.

Defendant understands and agrees to comply with the Commission's policy "110t

to permit a defendant or respondent to consent to a judgment or order that imposes a sanction
while denying the allegations in the complaint or order for proceedings." 17 C.F.R. § 202.5. 111
compliance with this policy. Defendant agrees: (i) not to take any action or to make or permit to
be made any public statement denying. directly or indirectly, any allegation in the complaint or
creating the impre~sion that the complaint is without factual basis; and (ii) that upon the filing of
this Consent, Defendant hereby withdraws any papers filed in this action to the extent that they
deny any allegation in the complaint. If Defendant breaches this agreement, the Commission
may petition the Court to vacate the Final Judgment and restore this action to its active docket.
Nothing in this paragraph affects Defendant's: (i) testimonial obligations; or (ii) right to take
legal or factual positions in litigation or other legal proceedings in which the Commission is not

a party.
11.

Defendant hereby waives any rights under the Equal Access to Justice Act, the

Small Business Regulatory Enforcement Fairness Act of 1996, or any other provision of law to
seek from the United States. or any agency, or any official of the United States acting in his or
her official capacity, directly or indirectly, reimbursement of attorney's fees or other fees,
expenses, or costs expended by Defendant to defend against this action. For these purposes,
Defendant agrees that Defendant is not the prcvailing party in this action since the parties have
reached a good faith settlement.
12.

Defendant agrees that the Commission may present the Final Judgment to the

Court for signature and entry without further notice.

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Defendant agrees that this Court shall retain jurisdiction over this matter for the

purpose ofenforcing the terms of the Final Judgment.

Dated:

(JJA)~ Zq 20//
I

on3........... ,.......
, 2011,
~\-«.r; ,a person known to me,
personally appeared before me and acknowledged executing the foregoing Consent.

bc:...,....;..JJ..( C

JAMES M. KENEAL1.1

...,., PublIc, State of NIM ~
No.02KE48173i8

QuIIftId In Ne.s&BU ~ !
Cammillion ExpIre, April 30, ­

Alan R. Kaufinan, sq.
Kelley Drye & Warren LLP
10 1 Park Avenue
New York, NY 10178
Ph: [phone]
Attorney for Danielle Chiesi

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