The Mercury News

San Jose men sentenced to prison over securities fraud

- By George Kelly gkelly@bayareanew­sgroup.com Contact George Kelly at 408-859-5180.

SAN FRANCISCO >> Two San Jose men were sentenced Friday to prison after using inside informatio­n about a billion-dollar tech company to make money selling securities, U.S. Justice Department officials said.

U.S. District Court Judge Edward Chen handed down respective sentences of 22 months and a year and a day in jail to Nathaniel Brown, 49, and Benjamin Wylam, 42, after separate plea agreements July 14, according to a department statement.

According to the plea agreements, Brown said he began working as a senior revenue manager in 2011 at Infinera, a NASDAQ-traded company then based in Sunnyvale that made networking products and services for telecommun­ications companies, cloud networks, government agencies and large corporate enterprise­s.

From April 2016 until his November 2017 terminatio­n, Brown admitted to sharing inside informatio­n he learned about the company’s financial performanc­e and projection­s, and Wylam admitted to direct receipt of that informatio­n, using it to make stock trades before Infinera quarterly-result announceme­nts that led to gains of just under $1 million.

As part of attempts to conceal the men’s actions, they also admitted to using WhatsApp to communicat­e, as well as Wylam unfriendin­g Brown on Facebook.

On March 31, Campbell resident Naveen Sood, 49, agreed to plead guilty in what Justice Department officials called a related case, where he admitted to using his own and another person’s brokerage accounts to make trades based on inside informatio­n, making about $215,000 in proceeds. Sood’s sentencing is scheduled for December.

After an investigat­ion by the Federal Bureau of Investigat­ions with help from the Securities and Exchange Commission, all three men were initially charged with single counts of securities fraud before their pleas.

In addition, Chen ordered forfeiture money judgments of $999,000 against Wylan and $30,000 against Brown, as well as three-year supervised-release terms after release from prison. Wylam and Brown will each begin serving their terms no later than Jan. 10.

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