UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

UNITED STATES SECURITIES AND 

EXCHANGE COMMISSION 

 Plaintiff, 

 v. 

 ERIC JAEGER and 

JERRY A. SHANAHAN, 

 Defendants 

 Civ. No. 01:07-00039-SM 

 

SECURITIES AND EXCHANGE COMMISSIONS STATEMENT OF 

UNDISPUTED FACTS IN RESPONSE AND REPLY TO SHANAHAN’S 

MOTION FOR SUMMARY JUDGMENT

Case 1:07-cv-00039-SM Document 290 Filed 01/20/12 Page 1 of 5
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The Securities and Exchange Commission (“SEC”) submits the following 

Response to Statement of Undisputed Facts (“RSUF”) in Reply to Shanahan’s Response 

to the SEC’s Motion for Summary Judgment and in Response to Shanahan’s Motion for 

Summary Judgment on the Tech Data Canada and Accton transactions. 

Tech Data Canada 

1. The SEC incorporates herein Shanahan’s Statement of Undisputed Facts (“SUF”) 

and the SEC’s Response to the SUF, filed herewith. 

2. On August 27, 2001 Joe Garofolo (“Garofolo”) told Bruce Kay (“Kay”), with a 

copy to Shanahan, that Enterasys was changing the August 23, 2001 letter from 

Garofolo to Tech Data Canada. RSUF 1. 

3. Attached hereto as Ex. RSUF 2, is an enlarged copy of page KPMG 321132 of 

Shanahan’s SUF 46. 

Accton 

4. Shanahan sent the email with literature to Gary Workman (“Workman”) on May 

31, 2001. RSUF Ex. 3. 

5. Workman forwarded the email to Enterasys employees in the Asia Pacific region, 

Alvin Heng and David Boey. RSUF Ex. 4. 

6. Workman also forwarded the product literature to A.J. Huang of Accton. RSUF 

Ex. 5. 

7. Huang turned around and sent the invoice back to Shanahan as a purchase order 

stating: “we will work out payment terms and condition later.” RSUF Ex. 5. 

8. Shanahan responded to Huang immediately stating: “This is not a PO that we can 

process. I need you to give us a PO from your system. RSUF Ex. 5. 

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9. Accton was buying Aprisma product but Shanahan had them make the order out 

to Enterasys. RSUF Ex. 5. 

10. Shanahan had multiple emails with Huang about the purchase order. Shanahan 

told Huang that the purchase order had been improperly drafted to Aprisma and 

they sent him a purchase order to Enterasys. Shanahan asked Huang to state: 

“that he had accidently placed the PO with Aprisma, in error, and that his 

relationship was with Enterasys and so that is where he wanted the PO placed.” 

RSUF Ex. 6. 

11. Amber, of Accton, revised the PO per Shanahan’s request. RSUF Ex. 7. 

12. Huang of Accton stated that he wanted confirmation of the payment terms 

because he was “worry about Gary’s involvement.” RSUF Ex. 8. 

 Respectfully submitted this 20th day of January, 2012. 

s/Nancy J. Gegenheimer

Securities and Exchange 

Commission 

1801 California Street No. 1500 

Denver, CO 80202 

(303) 844-1050 

Case 1:07-cv-00039-SM Document 290 Filed 01/20/12 Page 3 of 5
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CERTIFICATE OF SERVICE

 I certify that on January 20, 2012, I sent a true copy of the foregoing pleading by 

electronically mailing it through the ECF system to the following persons: 

John Richard Baraniak, Jr. jbaraniak@choate.com (Counsel for Patel) 

Diana K. Lloyd dlloyd@choate.com (Counsel for Patel) 

Peter Bryan Moores pmoores@choate.com (Counsel for Patel) 

Jeffrey B. Rudman jeffrey.rudman@wilmerhale.com (Counsel for Jaeger) 

Jonathan A. Shapiro jonathan.shapiro@wilmerhale.com (Counsel for Jaeger) 

Miranda Hooker miranda.hooker@wilmerhale.com (Counsel for Jaeger) 

Peter A. Spaeth peter.spaeth@wilmerhale.com (Counsel for Jaeger) 

Bruce A. Singal bsingal@dbslawfirm.com (Counsel for Kay) 

John C. Kissinger jkissinger@nkms.com (Counsel for Kay) 

Michelle R. Peirce mpeirce@dbslawfirm.com (Counsel for Kay) 

Victor W. Dahar vdaharpa@worldnet.att.net (Counsel for Skubisz) 

Ann Pauly apauly@gtmllp.com (Counsel for Skubisz) 

Mark B. Dubnoff mdubnoff@eapdlaw.com (Counsel for Barber) 

Richard McCarthy rmccarthy@eapdlaw.com (Counsel for Barber) 

Mark B. Dubnoff mdubnoff@eapdlaw.com (Counsel for Barber) 

Michael D. Ramsdell mramsdell@krhlaw.com (Counsel for Barber) 

Andrew Good agood@goodcormier.com (Counsel for Shanahan) 

Philip G. Cormier pcormier@goodcormier.com (Counsel for Shanahan) 

Steven M. Gordon sgordon@shaheengordon.com (Counsel for Kirkpatrick) 

Lucy J. Karl lkarl@shaheengordon.com (Counsel for Kirkpatrick) 

Case 1:07-cv-00039-SM Document 290 Filed 01/20/12 Page 4 of 5
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Jeffrey S. Lyons lyonsj@sec.gov (Counsel for SEC) 

Leslie J. Hughes hugheslj@sec.gov (Counsel for SEC) 

Jay Scoggins scogginsj@sec.gov (Counsel for SEC) 

Kevin E. Sharkey kjs5@verizon.net (Counsel for Collins) 

Jennifer M. Ryan jryan@dwyercollora.com (Counsel for Collins) 

Maria R. Durant mdurant@dwyercollora.com (Counsel for Collins) 

William H. Kettlewell wkettlewell@dwyercollora.com (Counsel for Collins) 

William Contolo wcintolo@aol.com (Counsel for Boey) 

 S/ Nancy J. Gegenheimer 

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