To: Jeffrey S. Mitchell who wrote (88479 ) 12/2/2004 9:29:59 PM From: StockDung Respond to of 122087 SEC Lawyer Says He Used Elgindy's Web Site To Get Info By Carol S. Remond Of DOW JONES NEWSWIRES 585 words 2 December 2004 17:36 Dow Jones News Service English (c) 2004 Dow Jones & Company, Inc. NEW YORK (Dow Jones)- After four weeks of testimony, there is little doubt that trader Anthony Elgindy had contacts with law enforcement officers, including agents of the Federal Bureau of Investigation and lawyers from the Securities and Exchange Commission. What is still a question for jurors is whether Elgindy, and others charged with him in a case involving fraud, market manipulation and extortion, had any criminal intent when they shared information and traded on it. "Were these contacts with law enforcement motivated by an honest endeavor to make money or was it something else?" federal judge Raymond Dearie told lawyers and prosecutors involved in the case Thursday. Elgindy and former FBI special agent Jeffrey Royer are on trial in the U.S. District Court for the Eastern District of New York. The government alleges that Royer used FBI databases as well as his contacts with SEC officers to gather information about small companies and their insiders, information that he would often share with Elgindy and others who used it to profit from selling short the stock of these companies. Witnesses for the government, some of whom pleaded guilty in the case and have signed cooperation agreements, have testified that Royer shared confidential information with them and that they traded on it. FBI technical personnel have also testified about Royer's use of government databases. And federal prosecutors have introduced evidence showing that details of government investigations into companies or their insiders ended up on Elgindy's private investment Web site. But questions about who told what to who emerged Thursday during the testimony of Doug Gordimer, the head of the SEC's Fort Worth, Texas, office. According to the earlier testimony of cooperating witness Derrick Cleveland, Royer would use his friendship with Gordimer to gather information about SEC investigations into companies. Royer would then share that information with Elgindy and members of his Web site. Cleveland pleaded guilty of conspiracy to commit securities fraud in the case in 2002. Testifying for the government Thursday, Gordimer said he talked often with Royer and the FBI agent would call him and pass information about possible scams. Gordimer testified that he would look up names of insiders and companies and often share information with the then FBI agent. Gordimer told jurors that he visited Elgindy's public Web site called insidetruth.com on several occasions to check out information about companies written up and targeted by Elgindy. But under cross-examination by Royer's lawyer, Gordimer said that on occasions it was Royer who would pass information to Gordimer and that, at times, that information led to the SEC opening investigations into companies. Gordimer testified that in the case of one company, the SEC opened an informal investigation the day after Royer passed information to him. Gordimer said that Royer told him in January 2001 that his source of information for most of the scams he was calling the SEC lawyer about was Elgindy. Gordimer said he understood that Royer got his information from Elgindy and his Web site. Gordimer agreed with defense lawyers that on occasions the information contained on the insidethruth Web site was useful. "The Web site was a way for you to get information, correct?" one of Elgindy's lawyers asked Gordimer. Gordimer answered yes. -By Carol S. Remond, Dow Jones Newswires; 201-938-2074; carol.remond@dowjones.com [ 12-02-04 1736ET ]