To: hedgefundman who wrote (2494 ) 1/25/2005 1:41:42 AM From: ravenseye Read Replies (3) | Respond to of 5425 Pardon my error, this post is meant for Bill but its nice to see you here Hedgefundman. Bill, in answer to your question in the a@p gated community, Kent Terrell is the third. Do you know what alias he used? Wasn't pluvia on the tape the defense used I think 12/20/04 - I wonder what his fate will be. lmao ...Also testifying for the defense Monday was SEC lawyer Roberto Tercero who told jurors that Elgindy contacted him with information about two companies. In one audio tape played for jurors, Elgindy and another short-seller named Steve Pluvia can be heard telling the SEC about a company called EConnect. Asked by Elgindy's lawyer Berke whether Elgindy contributed to a later SEC inquiry into the company, Tercero said that the information passed along by the short-seller was a starting point to consider whether or not to take a closer look at the company. Tercero stressed the SEC conducted its own investigation and only after that began an investigation into the company....money.excite.com smartmoney.com Breaking News Short-Seller Elgindy Guilty of Securities Fraud Published: January 24, 2005 5:02 PM (Adds comment from U.S. attorney and sentencing information in last three paragraphs.) By Eric J. Weiner and Carol S. Remond Dow Jones Newswires NEW YORK -- Short-seller Anthony Elgindy was found guilty Monday of racketeering and securities-fraud charges. Former Federal Bureau of Investigation special agent Jeffrey Royer was also found guilty of racketeering conspiracy and securities-fraud charges. Mr. Elgindy was downcast as he entered the courtroom, appearing nervous, with his eyes closed or focused on his lap. The jury found Mr. Elgindy guilty of 11 counts against him, including five counts of securities fraud, a count of racketeering conspiracy, a count of securities fraud conspiracy, a count of extortion, a count of extortion conspiracy, and two counts of wire fraud. As the jury read the verdict, there were gasps and cries from the crowd and defense table, leading Judge Raymond Dearie to halt the proceedings so that Mr. Elgindy could be taken from the courtroom. Mr. Royer was found guilty of nine of 14 counts against him, including four counts of securities fraud, a count of securities fraud conspiracy, a count of racketeering conspiracy, a count of obstruction of justice conspiracy, a count of obstruction of justice and a count of witness tampering. Prosecutors argued that Messrs. Elgindy and Royer are significant flight risks and that their bail should be set accordingly. A bail hearing is pending. Messrs. Elgindy and Royer were charged in a May 2002 racketeering indictment. The government alleged Mr. Royer was a corrupt federal agent who misappropriated confidential information from FBI computers, which he shared with Mr. Elgindy and others. Federal prosecutors told jurors during the 10-week trial that Mr. Elgindy used the information to manipulate shares of small companies. The prosecutors also alleged that Mr. Elgindy used some of the information he obtained from Mr. Royer to extort discounted shares from two companies, Floor Decor Inc. and Nuclear Solutions Inc. (NSOL). Three other defendants in the case, Lynn Wingate, Troy Peters and Jonathan Daws, will be tried separately. Three defendants, Derrick Cleveland, Robert Hansen and Kent Terrell, have pleaded guilty and are cooperating with the government. According to the indictment, Mr. Elgindy used a private investing Web site to share some of the information he gained from Mr. Royer and other law-enforcement officers with site members. The government alleged that Mr. Elgindy organized site members in order to maximize the impact of the release of negative information on the stock price of targeted companies. Making copious use of logs of online exchanges among some of the 300 members of Mr. Elgindy's Web site, the prosecution argued in court that Messrs. Elgindy and Royer were engaged in a corrupt relationship and that they used nonpublic information to push down the price of the shares of companies they sold short. Short sellers sell shares in the anticipation that they will profit when the price of these shares goes down. Messrs. Elgindy and Royer were also accused of having conspired to obstruct a post-Sept. 11 investigation into suspicious trading that took place shortly before the terrorist attacks on the U.S. That probe soon turned into a federal investigation of the peculiar relationship between Messrs. Elgindy and Royer. Assistant U.S. Attorney Ken Breen told jurors during the government's rebuttal that Mr. Royer shared information about the Sept. 11 investigation with Mr. Elgindy and that the short seller took steps to flee to Lebanon. Mr. Royer, who admitted in court that he shared confidential information with Mr. Elgindy and others, had argued he only did so because he wanted to get information from them in return. Mr. Royer also admitted in court that he told Derrick Cleveland, a cooperating defendant in the case, about the Sept. 11 investigation, but he denied that he told Mr. Elgindy about it. Barry Berke, one of Mr. Elgindy's lawyers, argued in his closing argument that Mr. Elgindy didn't know about the Sept. 11 probe and that his client's trip to the Middle East and transfer of money to Lebanon were innocuous events unrelated to the investigation. Mr. Elgindy returned to the U.S. in December 2001 and had requested permission to travel back to Lebanon in early 2002. That request was denied. He and Mr. Royer were arrested on May 21, 2002. Mr. Royer also was charged with witness tampering because of a telephone call he made to a former colleague after his May 2002 indictment. Prosecutors alleged that Mr. Royer attempted to influence the potential testimony of Michael Mitchell, a police officer whom Mr. Royer used to access confidential government information after he left the FBI. Meanwhile, Mr. Elgindy was charged with several counts of securities fraud and wire fraud for trading ahead of members of his Web site or contrary to his advise to them. In a statement released after the verdict, U.S. Attorney Roslynn R. Mauskopf said, "Under the guise of protecting investors from fraud, Royer and Elgindy used the FBI's crime-fighting tools and resources actually to defraud the public, and to insulate themselves from detection and prosecution. Elgindy's conviction marks the end of his public charade as a crusader against fraud in the markets." Under federal sentencing guidelines, the extortion and racketeering charges each carry a maximum sentence of 20 years in prison, while the securities fraud and obstruction of justice charges each carry a maximum sentence of five years in prison. A date for sentencing hasn't been set. -By Eric J. Weiner, Dow Jones Newswires; 201-938-2429 (Carol S. Remond contributed to this report.) (END) Dow Jones Newswires