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Hedge fund manager fights charges by SEC

Lawyers said Steven A. Cohen sold his stock in Dell for unquestionably legitimate reasons.

Lawyers said Steven A. Cohen sold his stock in Dell for unquestionably legitimate reasons.

WASHINGTON — Attorneys for hedge fund manager Steven A. Cohen are disputing federal civil charges that he failed to prevent insider trading at SAC Capital Advisors, saying he did not read an e-mail at the center of the allegations.

Cohen’s lawyers call the Securities and Exchange Commission’s charges unfounded in a paper sent Monday to employees of the firm.

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The SEC said Friday that two of Cohen’s portfolio managers gave him information in 2008 that suggested they had access to inside data. Cohen, 57, faces possible fines and could be barred from managing investor funds. He has until Aug. 8 to respond to the allegations.

His lawyers say he “had every reason to believe” that one of the managers used only public information and that he did not read the e-mail from the other manager. Stamford, Conn.-based SAC Capital, which until recently managed more than $15 billion in assets, is at the center of the biggest insider trading fraud cases ever.

The SEC says Cohen failed to prevent the two managers from illegally reaping profits and avoiding losses of more than $275 million. Rather than raise any red flags, Cohen praised one of the managers and rewarded the other with a $9 million bonus, the SEC said.

Part of the case hinges on an August 2008 e-mail that included advance information on Dell Inc.’s quarterly earnings. The SEC says it was sent to one of the two SAC portfolio managers and forwarded to Cohen. Minutes after it was forwarded, Cohen began selling his $11 million holding of Dell stock.

Cohen’s lawyers say he did not read the e-mail and was not told of it. Cohen received hundreds of e-mails a day and did not read most of them, they say.

Timing Crucial

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They say that Cohen decided to sell his Dell stock for “unquestionably legitimate reasons.” That was because he became aware that a portfolio manager at an SAC affiliate, who had originally recommended the Dell stock, was selling a portion of his Dell stock.

The lawyers also note that the e-mail is based on a second-hand interpretation of the information and does not identify the source. So even if Cohen had read it, he would not have known it contained confidential information, they say.

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