2nd UPDATE:Citadel Calls On Court To Shut Down Teza For 9 Months
2009年10月10日 - 9:01AM
Dow Jones News
Lawyers for Citadel Investment Group LLC on Friday called on a
judge to temporarily shut down a high-frequency trading firm
started by two former employees who earlier this year left to set
up their own business.
"What we've got here is a veritable pirate ship of illegal
activity," said Citadel lawyer Brian Sieve in closing arguments
after a multi-day hearing before a Chicago court.
Attorneys for the firm, Teza Technologies LLC, retorted that the
legal case Citadel is pursuing against it is aimed at sending a
message to those who dare to leave the giant hedge fund firm.
"This is about a $15 billion hedge fund that brought an army of
lawyers to bear on two guys who chose to leave Citadel," said Chris
Gair in closing arguments Friday.
Chicago-based Citadel has alleged that Mikhail "Misha" Malyshev
and Jace Kohlmeier violated their non-compete agreements after
leaving to head Teza.
Sieve argued Friday that Teza's founders plotted to poach
Citadel employees and develop competing high-frequency trading
strategies, while keeping their activities secret from their former
employer.
He called upon Judge Mary Rochford to enforce the ex-Citadel
executives' non-competes, and to shut down Teza's operations for a
period of nine months - the length of the defendant's non-compete
agreements with Citadel.
Denying charges that the defendants tried to recruit from
Citadel or breached their fiduciary duties, Gair said that an
injunction to shut down Teza's operations for that long would be a
"mortal blow" to the company and its employees.
"This business will be effectively destroyed before it gets off
the ground if the court issues the injunction (Citadel is) asking
for," said Gair.
Malyshev and Kohlmeier helped expand Citadel's high-frequency
trading group into a unit that returned $1 billion in 2008, even as
the company's flagship hedge funds lost 55% amid the global
financial turmoil.
High-frequency trading, driven by computer programs, seeks
profits through rapid-fire transactions across multiple exchanges
and trading venues. It has helped banks and proprietary trading
firms earn healthy returns as the broader market struggled.
Malyshev and Kohlmeier departed Citadel's high-frequency group,
called Tactical Trading, in February and formed Teza a month
later.
According to court testimony, the firm had targeted a Dec. 1
start date for trading - safely beyond the mid-November end date
for the former Citadel executives' non-competes - and targeted $100
million in trading revenues for 2010.
Lawyers for Teza have argued this week that the work being done
at the firm amounted only to building infrastructure - hiring
employees, testing software and connectivity tools, and evaluating
high-speed connections to exchanges.
Teza maintains that it has done no work on developing trading
strategies, which would put Malyshev and Kohlmeier in violation of
their non-competes with Citadel.
Sieve also alleged Friday that Malyshev committed perjury, with
the Teza founder first saying in an affidavit that he didn't delete
computer files covered by a July document-preservation order, then
admitting in later testimony that he did after panicking about
pornography contained in his computer.
Sieve requested that the court impose a "significant fine" on
Malyshev, noting that the defendant in 2008 earned "in excess of
seven figures" per week. That translates to at least $52
million.
Gair acknowledged that Malyshev didn't tell the truth on that
matter, but called it a "distraction from real issues of the
case."
Another Teza attorney, Greg Boyle, requested a monetary sanction
that "fits the wrongdoing" but said it should be borne by Malyshev
alone, as opposed to Teza or Kohlmeier.
After arguments concluded Friday, Judge Rochford said her
decision would be forthcoming, though she didn't lay out a time
frame.
-By Jacob Bunge, Dow Jones Newswires; 312-750-4117
(Jamie Heller contributed to this article.)