Feeds

sTec flash founder cleared of insider trading charges

Moshayedi brother found not guilty

Boost IT visibility and business value

The wheels of SEC justice in the US grind exceedingly slowly and sometimes uselessly. Manouche Moshayedi, the founder and CEO of sTec, has just been cleared of insider trading charges filed almost four years ago.

Since then sTec’s business has tumbled and it was bought by Western Digital for $340m – which was characterised as a bit of a distress purchase – in June last year. At $340m, too distressing.

Anyway, part of flash high-flyer sTec’s troubles started in August 2009, with EMC cutting back on its purchase commitments for sTec’s ZeusIOPS SSD. The SEC alleged that Moshayedi had sold shares before investors cottoned on, thus selling therm at an unjustified price which should have been lower if all investors knew of sTec’s EMC problem.

Compounding this was Moshayedi cutting a deal with EMC to bring forward planned future purchases into the then current quarter by offering a discount. EMC duly advanced its orders and, the SEC said, the EMC order rate then looked high but was artificial.

The SEC duly took him to court, alleging he had made a gain of $134m improperly. The Santa Ana, CA, jury in the case returned a not guilty verdict, delivering a third “not guilty” bloody nose to the SEC, which has lost two previous insider trading court cases recently.

Bloomberg reports Moshayedi as saying: ”The justice system works. The jurors listened to the evidence. I am grateful to them.”

John Nester, an SEC spokesman, was quoted as saying: ”We respect the jury’s verdict but will continue to aggressively enforce the law when we believe the evidence supports the allegations.”

Chris says

In this case Moshayedi said the discount deal had in fact been leveraged to avoid end-of-quarter chaos from EMC's habit of late ordering. Had the SEC done its homework, it would have found this was quite true as EMC has over the past few quarters made changes to even out its business from an over-dependence on late quarter sales. We reported on its efforts to lessen back-end loading of customer orders here.

Should have read The Register, Mr Nester. ®

The case was Securities and Exchange Commission v. Manouchehr Moshayedi, 12-cv-01179, U.S. District Court, Central District of California (Los Angeles).

Best practices for enterprise data

More from The Register

next story
Amazon says Hachette should lower ebook prices, pay authors more
Oh yeah ... and a 30% cut for Amazon to seal the deal
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
Nintend-OH NO! Sorry, Mario – your profits are in another castle
Red-hatted mascot, red-colored logo, red-stained finance books
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
Feel free to BONK on the TUBE, says Transport for London
Plus: Almost NOBODY uses pay-by-bonk on buses - Visa
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
prev story

Whitepapers

7 Elements of Radically Simple OS Migration
Avoid the typical headaches of OS migration during your next project by learning about 7 elements of radically simple OS migration.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Solving today's distributed Big Data backup challenges
Enable IT efficiency and allow a firm to access and reuse corporate information for competitive advantage, ultimately changing business outcomes.
A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?