OSC supposes that Ho and other insiders from ATI Technologies knew that the company would miss its financial guidance on May 24, but unveiled this fact only on the mentioned date, having sold or donated parts of the their stock in late April in order to avoid losses. The commission said that the activities brought more than $5.2 million in profits or avoided losses and triggered significant tax benefits.
In late April 2000 one ATI’s stock cost from $18.00 to $19.69, while on the 20th of May 2000 the price of one share tumbled from $16.75 to $10.00 in one moment. Ho is accused of selling 240,900 ATI shares from an account in his wife's name before the profit warning, receiving total proceeds of $4.6 million, about $2.2 million more than the shares were worth after the profit warning. The commission also alleges Ho and his wife donated 254,000 shares to charities before the profit warning, getting a higher tax benefit before the shares declined.
An Ontario Securities Commission hearing in the case was scheduled for February 14, 2002. ATI Technologies representatives said that the company takes all the allegations seriously.





