U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20037 / March 12, 2007
SEC v. Jaisankar Marimuthu, Chockalingam Ramanathan and
Thirugnanam Ramanathan, Civil Action No. 8:07CV94 (D. Neb.)
SEC Sues Three Offshore Hackers With Scheme to Intrude Into
Online Accounts, Manipulate Market
The United States Securities and Exchange Commission today filed
a complaint in the United States District Court for the District of
Nebraska charging three Indian nationals with participating in a
fraudulent scheme to manipulate the prices of at least fourteen
securities through the unauthorized use of other people's online
brokerage accounts.
The Commission's complaint alleges that, between July and
November 2006, Jaisankar Marimuthu, Chockalingam Ramanathan and
Thirugnanam Ramanathan hijacked the online brokerage accounts of
unwitting investors using stolen usernames and passwords. Prior to
intruding into these accounts, the Defendants acquired positions in
the securities of at least thirteen issuers and options on shares of
another issuer. Then, without the account holders' knowledge, and
using the victims' own accounts and funds, the Defendants placed
scores of unauthorized buy orders at above-market prices. After
these unauthorized buy orders were placed, the Defendants sold the
positions held in their own accounts at the artificially inflated
prices. These transactions created the appearance of legitimate
trading activity and pumped up the share price of the fourteen
securities. The complaint further alleges that on several occasions,
the Defendants opened new online brokerage accounts using stolen
personal information, and then funded these accounts using hundreds
of thousands of dollars taken from the account holders' own bank
accounts.
In total, the Defendants realized unlawful trading profits of at
least $121,500. Online broker-dealers whose customers' accounts were
compromised suffered losses of least of $875,000 as a result of the
Defendants' fraudulent conduct.
The Commission's action charges the Defendants with violations of
Section 17(a) of the Securities Act of 1933, Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and seeks
permanent injunctive relief, disgorgement and civil money penalties.
In a related action, a federal court in Nebraska today unsealed a
twenty-three count indictment charging both Marimuthu and
Chockalingam Ramanathan with one count of conspiracy, eight counts
of computer fraud, six counts of wire fraud, two counts of
securities fraud, and six counts of aggravated identity theft. The
indictment also charges Thirugnanam Ramanathan with one count of
conspiracy, two counts of computer fraud, and two counts of
aggravated identity theft. The conspiracy and computer fraud charges
each carry a maximum sentence of five years in prison. Wire fraud
and securities fraud carry maximum sentences of twenty and
twenty-five years, respectively. Each count of aggravated identity
theft adds two years in prison, with at least one of those terms
running consecutively with the sentences for the other charges. The
indictment resulted from an investigation by the Federal Bureau of
Investigation, the U.S. Attorney's Office for the District of
Nebraska, and the Computer Crimes and Intellectual Property and
Fraud Sections of the Criminal Division of the United States
Department of Justice. The government will seek the extradition of
the arrested Defendants to face charges in Nebraska.
The Commission's Office of Investor Education and Assistance has
previously issued an investor alert, available on the Commission's
website, which provides tips to avoid becoming a victim of online
intrusions. See
http://www.sec.gov/investor/pubs/onlinebrokerage.htm.
The Commission acknowledges the assistance of the American Stock
Exchange LLC, Boston Stock Exchange, Inc., Chicago Board Options
Exchange, Inc., International Securities Exchange, Inc., NYSE Arca,
Philadelphia Stock Exchange, Inc., and the NASD.
SEC Complaint in this matter