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

Filing 88

ANSWER to Complaint with JURY DEMAND. Document filed by Choo-Beng Lee.(Bornstein, Jefrey)

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

Doc. 88

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, ) ) Plaintiff, ) ) v. ) ) GALLEON MANAGEMENT, L.P., et, al. ) ) Defendants. ) )

09 Civ. 8811 (JSR) ECF CASE JURY TRIAL DEMANDED

DEFENDANT CHOO-BENG LEE S ANSWER TO THE AMENDED COMPLAINT Defendant Choo-Beng Lee ( Lee ), by and through his undersigned counsel, for his Answer to the Amended Complaint (the Complaint ), hereby responds to the allegations of the Complaint as follows. This Answer employs the same section headings and titles as the

Complaint, but Lee does so only for convenience s sake, and does not admit the admit or concede the accuracy or truthfulness of any of the headings or titles in the Complaint. SUMMARY 1. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 2. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 3. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 4. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

SF-199665 v1

Dockets.Justia.com

5.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. DEFENDANTS 6. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 7. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 8. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 9. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 10. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 11. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 12. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 13. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 14. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 15. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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16.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 17. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 18. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 19. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 20. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 21. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 22. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 23. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 24. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 25. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 26. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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RELEVANT ENTITIES 27. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 28. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 29. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 30. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 31. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 32. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 33. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 34. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 35. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 36. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 37. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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38.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 39. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 40. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 41. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. A. Insider-Trading in Polycom Securities 42. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 43. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. a. 44. Polycom s Q4 2005 Earnings Release January 25, 2006

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 45. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 46. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 47. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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48.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 49. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. II. 50. Polycom s Q1 2006 Earnings Release On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 51. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 52. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 53. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. B. Insider Trading in Hilton Securities 54. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 55. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 56. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 57. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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58.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 59. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 60. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 61. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 62. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 63. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 64. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 65. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. C. Insider Trading in Google Securities 66. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 67. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 68. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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69.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 70. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 71. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 72. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 73. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 74. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 75. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 76. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 77. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. D. Insider Trading in Kronos Securities 78. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 79. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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80.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 81. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 82. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 83. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 84. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 85. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 86. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 87. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 88. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 89. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 90. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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E.

Insider Trading in Intel Securities 91. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. (a) 92. Intel s Q4 2006 Earnings Release January 16, 2007 On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 93. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 94. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 95. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 96. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. II. 97. Intel s Q1 2007 Earnings Release April 17, 2007 On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 98. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 99. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 100. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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101.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. III. 102. Intel s Q3 2007 Earnings Release October 16, 2007 On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 103. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. F. Insider Trading in Clearwire Securities 104. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 105. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 106. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 107. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 108. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 109. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 110. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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111.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. G. Insider Trading in PeopleSupport Securities 112. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 113. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 114. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 115. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 116. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. H. Insider Trading in Akamai Securities 117. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 118. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 119. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 120. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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121.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 122. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. I. Insider Trading in SUN Securities 123. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 124. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 125. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 126. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 127. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 128. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 129. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. J. Insider Trading in AMD Securities 130. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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131.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 132. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 133. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 134. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 135. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 136. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 137. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 138. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 139. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 140. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 141. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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142.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 143. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. K. Insider Trading in IBM Securities 144. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 145. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 146. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 147. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 148. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. L. Insider Trading in Atheros Securities 149. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 150. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 151. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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152.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 153. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. CLAIMS FOR RELIEF CLAIM I Violations of Section 10(b) of the Exchange Act and Rule 10b-5 Thereunder (Against All Defendants) 154. Lee repeats and realleges each and every response in paragraphs 1 to 153 as if

fully set forth herein. 155. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 156. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 157. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 158. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 159. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 160. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 161. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer.

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162.

On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 163. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. 164. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. CLAIM II Violations of Section 17(a) of the Securities Act (Against Galleon, Rajaratnam, Goel, Chiesi, Kurland, New Castle, Khan, Lee, Lee, Lee & Lee, Spherix Capital, Hariri, Shankar, Schottenfeld, Fortuna and S2 Capital) 165. forth herein. 166. On the advice of counsel Lee invokes his rights under the Fifth Amendment and Lee repeats and realleges every response in paragraphs 1 to 164 as if fully set

declines to Answer. 167. On the advice of counsel Lee invokes his rights under the Fifth Amendment and

declines to Answer. //// //// //// //// //// //// //// ////

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RELIEF SOUGHT On the advice of counsel Lee invokes his right under the Fifth Amendment and declines to respond to the relief sought. Respectfully submitted: By: _________/s/___________ JEFFREY L. BORNSTEIN (admitted pro hac vice K&L GATES LLP 4 Embarcadero Center, Suite 1200 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] LAURA A. BREVETTI K&L GATES LLP 599 Lexington Avenue New York, NY 10022 Telephone: [phone] Facsimile: [phone] [e-mail]

Dated: December 18, 2009

Attorneys for Defendant Choo-Beng Lee

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