To: russwinter who wrote (71217 ) 10/6/2006 5:28:25 PM From: YanivBA Respond to of 110194 Another sad story (again Morgan Stanley related)Pequot says no SEC move expected By Ben White in New Yorkft.com Published: October 5 2006 Hedge fund group Pequot Capital on Thursday said it would not face any Securities and Exchange Commission charges stemming from a recent insider trading investigation.Morgan Stanley chief executive John Mack has also been informed he will not face any SEC charges in the case , people familiar with the matter said. In a note to clients, Pequot chief executive Arthur Samberg said: “I am very pleased to tell you that we have been informed by the staff of the Securities and Exchange Commission that it is not going to recommend any enforcement action be taken against Pequot or any of our employees in connection with the insider trading investigation.” He added: “We should note that the SEC has not closed this matter as of yet, but we are nonetheless gratified by the staff’s determination.” Both Pequot, which manages $7bn, and Mr Mack received phone calls this week telling them the SEC enforcement staff would not recommend that the commission bring charges. People close to the matter said the SEC could soon send Pequot and Mr Mack more formal documents, known as “comfort letters”, stating that the investigation was no longer active. The Pequot investigation generated headlines this summer when former SEC employee Gary Aguirre publicly claimed he was blocked from questioning Mr Mack.Mr Aguirre, who was sacked by the SEC last summer, claimed he was rebuffed because of Mr Mack’s political connections. Mr Mack has been a major fundraiser for President George W. Bush. SEC officials dismissed Mr Aguirre’s charges as baseless. Mr Mack eventually gave brief testimony in the case in August.Mr Aguirre had wanted to question Mr Mack about whether he tipped off his friend Mr Samberg about a takeover bid in 2001. Mr Mack briefly served as chairman of Pequot last year. Mr Aguirre said his SEC supervisors blocked his attempt at the same time Mr Mack was being considered as chief executive of Morgan Stanley last year. Mr Aguirre laid out his allegations in a letter to the Senate Banking Committee and in testimony in June to the Senate Judiciary Committee. The SEC probe centred on Pequot’s decision to invest in business lender Heller Financial before it was acquired by General Electric in 2001. News of the acquisition sent Heller shares sharply higher, netting a profit for Pequot.