The SEC nearly settled with Aguirre in May 2009, but just as both sides appeared on the verge of agreeing to the details and amount of the settlement, in an e-mail dated two hours after a Forbes article was published which quoted Aguirre criticizing the SEC, the SEC's deputy general counsel, Mark Cahn, wrote, "After careful consideration, we cannot agree to your proposed terms." (See "Whistle-Blower Claims New Retaliation By SEC".Forbes magazine, June 2, 2009.)
Pequot was forced to forfeit its $18 million gain, pay $10 million in penalties and Samberg was barred from working as an investment advisor. He did not face criminal charges and the statute of limitations on the trade ran out in 2006. The former GE employee and kung fu instructor were tried in court and sentenced to prison, 15 months and 8 months respectively. They also had to return their $157,259 gain, which they had split between them. In addition, before he was fired by the SEC, Aguirre had been investigating more than a dozen instances of insider trading by Pequot. (See SEC Litigation Release No. 18086 at the SEC website, April 14, 2003.)
Senate report, pp. 11–14 "The Firing of an SEC Attorney and the Investigation of Pequot Capital Management." Joint report by the United States Senate Committee on Finance and the Senate Judiciary Committee (August 3, 2007). Retrieved February 20, 2011
Senate report, pp. 28–29 "The Firing of an SEC Attorney and the Investigation of Pequot Capital Management." Joint report by the United States Senate Committee on Finance and the Senate Judiciary Committee (August 3, 2007). Retrieved February 20, 2011
Senate report, p. 70 "The Firing of an SEC Attorney and the Investigation of Pequot Capital Management." Joint report by the United States Senate Committee on Finance and the Senate Judiciary Committee. (August 3, 2007). Retrieved February 20, 2011
Senate report, p. 83 "The Firing of an SEC Attorney and the Investigation of Pequot Capital Management." Report by the United States Senate Committees on Finance and Judiciary. (August 3, 2007) Retrieved March 7, 2013
