The Pershing Square Capital Management employee who allegedly—and legally—told his roommate that Bill Ackman was planning to short Herbalife isn't the former analyst you might think.
Shane Dinneen, who left Pershing Square around the end of 2013, is the person besides Ackman most commonly associated with the high-profile short bet on the nutritional supplement company. He even helped Ackman make his first presentation at the Ira Sohn conference on Dec. 20, 2012. But the former analyst is Mariusz Adamski, according to a person familiar with the situation.
Adamski is not named in the SEC order charging his friend and roommate, Filip Szymik, with illegally tipping off another friend, Jordan Peixoto, about Ackman's stock-moving short presentation. Based on Szymik's tip, Peixoto purchased Herbalife put options on Dec. 19, 2012, and made $47,100 in illicit profits, according to the government.
Adamski began working for Pershing in April 2010 as an intern, became a research analyst, and left Pershing in September 2013. He has not been charged with any crime. He did, however, violate Pershing Square's confidentiality policy, according to the SEC. Adamski and his lawyer did not immediately respond to requests for comment. A spokesman for Pershing Square declined to comment.
The SEC order makes specific note that Adamski said the information was confidential. "Prior to December 19, 2012, Szymik's roommate informed Szymik of an upcoming Pershing public presentation regarding its negative view of Herbalife. The Analyst also told Szymik, and Szymik understood and agreed, that any information that Szymik might learn from the Analyst concerning Pershing was highly confidential and that Szymik should not trade securities on the basis of any such information."
The men were "very close" friends, according to the SEC, after growing up together in Poland. Both are 28 years old. They lived in an apartment together on West 54th Street in Manhattan.
"This is another instance of the SEC going too far and penalizing someone for conduct that is not a violation of the law," Derrelle Janey, an attorney for Peixoto, said in a statement to CNBC.
"Mr. Szymik did not trade a single share of Herbalife or make a penny from his friend's trade. With this settlement, he hopes to put this behind him," said Paul Ryan, an attorney for Szymik, said in a statement to CNBC. The settlement includes Szymik forfeiting the $47,100 to the SEC.
Adamski's name was first reported by The New York Times.
CNBC's Jim Forkin and Maneet Ahuja contributed to this report.