BOSTON — This is an official press release from the U.S. Department of Justice (USAO - Massachusetts), published as received.
BOSTON – A former Miami-based hedge fund manager was arrested today in connection with his alleged role in a multi-million-dollar insider trading scheme and obstruction of justice.
Kris Bortnovsky, a/k/a “Kris Bort,” 44, of Bal Harbour Village, Fla., has been charged in a six-count indictment unsealed today. The indictment charges Bortnovsky with two counts of securities fraud; two counts of conspiracy to commit securities fraud; one count of making false statements; and one count of witness intimidation. The defendant was arrested today in the Southern District of Florida and will appear in federal court in Boston at a later date.
According to the indictment, Bortnovsky served as a hedge fund manager and, from at least 2017 through 2019, allegedly conspired with others to trade in the stocks of several publicly traded companies based on material non-public information regarding the earnings results and merger-and-acquisition activity of those companies. It is further alleged that, when interviewed by agents, Bortnovsky made several materially false statements. It is further alleged that, after being charged with securities fraud, and in violation of his pre-trial conditions of release, Bortnovsky intimidated and attempted to intimidate a then-cooperating witness.
Charges against three other defendants who have previously pleaded guilty to their involvement in the insider trading scheme were also unsealed today. A fifth defendant who participated in the scheme previously pleaded guilty and was sentenced to one year in prison. The government’s investigation remains ongoing.
The charge of conspiracy to commit securities fraud in violation of Title 18 provides for a sentence of up to 25 years in prison, five years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of conspiracy to commit securities fraud in violation of Title 15 provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of securities fraud in violation of Title 18 provides for a sentence of up to 25 years in prison, five years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of securities fraud in violation of Title 15 provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $5 million. The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of obstruction of justice through witness intimidation provides for a sentence of up to 20 years in prison, with an additional maximum potential 10-year consecutive prison term because the offense was allegedly committed while Bortnovsky was on pre-trial release, as well as three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Leah B. Foley and Kimberly Milka, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Boston Division made the announcement today. The U.S. Securities and Exchange Commission and the Federal Bureau of Investigation, Miami Field Office, provided valuable assistance in this matter. Assistant United States Attorneys Ian J. Stearns and Kaitlin R. O’Donnell of Foley’s Securities, Financial & Cyber Fraud Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
