Did former AMD CEO Hector Ruiz pass info to Galleon -- for nothing?
Filed under: Company News, IBM, AMD
Remember Galleon Group? It used to be a $3.7 billion hedge fund before its manager, Raj Rajaratnam, was accused of using inside information to trade stocks (he's now out on $100 million bail). One of the alleged inside trades was a bet on a spike in the stock of Advanced Micro Devices (AMD) following a 2008 spin-off. Advance news of that deal allegedly reached Rajaratnam through Danielle Chiese, a portfolio manager at New Castle Funds, who heard it from -- wait for it -- AMD's CEO at the time, Hector Ruiz.
This is a surprising turn of events. Sure, CEOs have better information than anyone else, and it wouldn't shock me that some are flawed enough to trade on this information -- but it's rare for them to get caught. And yet, the Wall Street Journal reports that Ruiz alerted Chiesi to that spin-off (Ruiz hasn't been charged with any violation).
Or he was one of a trio of people who tipped off Chiesi. That's because she was hedging her bets. She also allegedly tapped former McKinsey Director Anil Kumar for information on the AMD deal (it was a client) and former IBM (IBM) executive Robert Moffat.
The spinoff in question sent AMD's chip foundry into a new company that Ruiz now chairs -- Globalfoundries. Its creation was financed with $8.4 billion from Abu Dhabi. And here's another startling twist: According to the Journal, the U.S. alleges that Ruiz received no cash compensation for providing the information to Chiesi.
If this turns out to be true, I'd be quite puzzled about why Ruiz would risk his career and his freedom to provide this information. Ruiz grew up on the U.S.-Mexican border and became CEO of AMD in 2002. According to Bloomberg, he made $2.97 million in 2008, the year he left AMD -- $1.12 million in salary and $1.36 million in option awards. That's not all. His AMD retirement bonus totaled $4.4 million, and the Globalfoundries spin-off netted him $3 million.
What could possibly motivate high-powered, well-paid executives to give inside information that would cost them their careers and entail jail time in exchange for nothing? I think the answer is that Chiesi had something on Ruiz, but it will require further investigation to determine that. We know that McKinsey's Kumar -- who also allegedly contributed to the AMD tipping -- was a Galleon investor, so he might have thought he would profit directly.
But if the U.S. is correct that Ruiz didn't benefit monetarily from his tipping, he might also be able to escape insider trading charges because he didn't trade on the information. Will Ruiz lose his job at Globalfoundries? Will we ever get an explanation of why he might have risked it all to tip Chiesi?
And if it was so natural for Ruiz to spill inside information to hedge funds, how widespread is such behavior between public company CEOs and hedge funds? Here's something that wouldn't surprise me: if fear of which shoe will drop next has a chilling effect on the stock market for months to come.
Peter Cohan is a management consultant, Babson professor and author of nine books, including Capital Rising (due in June 2010). Follow him on Twitter. He has no financial interest in the securities mentioned.



























Reader Comments (Page 1 of 1)
10-29-2009 @ 12:27PM
pst2868 said...
Why do you people have to link our president with every Dick and Harry criminals? These people have been doing the crime for years (under Clinton and Bush).
Reply
10-28-2009 @ 11:23AM
sandy said...
what bothers me about the above article is that the fix is in , ,insider trading ,,is probably pervasive ,,involving high powered individuals with information the public is not privy too ,
I'm sure hedge funds ,are involved also w hen we buy stock in a company we expect to get out money 's worth ,,but this is obviously not the case ,, so you re not really getting ,the full value of your purchase ,,,you have to ask the question ,why would anybody buy stock in any company ,,
Reply
10-28-2009 @ 11:29AM
JonPaul said...
Yeah, that's it, i can picture Hector saying,
"wait! before i commit this treason, who is the current president?... Bush you say? Okay, i'm going to follow through with this crime"
Nick, quit blaming your horrible life on the president and tell your wife to hit the treadmill for 9 months, then, maybe you'll have your confidence back and you won't take out your low-life aggression on anyone else but you...
Reply
10-28-2009 @ 3:08PM
Jake said...
CEO are the GREEDIEST of all, of course a quick $2-3 million appeals to them ... just start putting them in PRISON like common SKANKS.
Reply
10-28-2009 @ 4:33PM
Roman Haas said...
As long as there are bankers, lawyers, corporate executives,and politicians of every stripe running things there will be fraud, corruption, thievery, self interest and greed.
We would be better off with the Mafia running the country. At least when things went wrong they killed their own and not the nation as these current slimeballs are trying to do to us now.
The current democratic house, senate and president are destroying the greatest nation that ever existed.
God help us
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