BOSTON, June 13 (Reuters) - A former Miami-based hedge
fund manager was arrested on Friday after federal prosecutors
revived an insider trading case they had been forced to drop in
2022 after a key witness withdrew from an agreement to testify
against him.
Federal prosecutors in Boston said Kris Bortnovsky,
co-founder of Sakal Capital Management, earned over $4 million
by placing illegal trades based on tips he received from among
others a friend whose family held investments and leadership
roles in retailers like DSW owner Designer Brands ( DBI ).
That friend was David Schottenstein, a Florida entrepreneur
who was sentenced to a year in prison in 2023 after admitting to
his role in an insider trading scheme that had led to earlier
charges against Bortnovsky and another man.
Schottenstein had originally agreed to testify against them
but subsequently backed out of his cooperation deal with
authorities. Prosecutors then dropped their case against
Bortnovsky and the other man in December 2022.
Prosecutors reserved the right to bring the case again,
saying their investigation was ongoing, and on Friday revealed
they had obtained guilty pleas from three other individuals in
recent months related to their involvement in the scheme.
Friday's indictment charged Bortnovsky not just with
securities fraud but also obstruction of justice, alleging he
intimidated Schottenstein, identified in the indictment as
"CC-1," in March 2022.
The indictment alleged Bortnovsky while on bail followed
Schottenstein into an orthodox synagogue he attended and, while
wearing dark sunglasses, stared at Schottenstein with the intent
to influence his testimony.
Lawyers for Bortnovsky and Schottenstein did not respond to
requests for comment.
Prosecutors said that from 2017 to 2019, Bortnovsky
conspired with Schottenstein and others to trade on non-public
information regarding the earnings results and
merger-and-acquisition activity of companies including DSW, now
called Designer Brands ( DBI ); Aphria Inc; and Rite Aid.
Prosecutors said Schottenstein passed along information he
learned from a relative on the boards of DSW and Green Growth
Brands, which pursued a failed bid to acquire Aphria. A
Schottenstein family business was involved in a failed merger
involving Rite Aid.
The indictment said Bortnovsky also traded on information he
received from another person about a private equity firm's
potential acquisition of home décor retail chain At Home Group
in 2017 and 2019 and the termination of those deal talks.