It’s usually the hedge fund that’s suspected of engaging in price manipulation. Not so with Okumus Capital. The New York-based hedge fund has gone to court because it felt it was being used as the unwitting intermediary that allowed investors to acquire some 2.4 million shares of Mercury International through insider trading, The Street.com reports. In its “order to show cause” in New York State Supreme Court, the relatively small Okumus, with $800 million AUM, wants Goldman Sachs and Jefferies to disclose who bought all those shares. The investment banks are not named as parties to the alleged stock manipulation; Goldman, however, was mentioned as an adviser. “The buyers of MERQ from the Okumus Funds over that two-day period [in July] made their purchases based on material non-public information” regarding a bid by Hewlett-Packard to acquire Mercury. Unlike other hedge funds, especially of the activist variety, Okumus apparently has never been a plaintiff in a suit of any kind, and legal experts say it sure picked a rough one in which to get its feet wet. “Insider trading is a difficult case to make,” attorney Ron Geffer of the law firm Sadis & Goldberg told TheStreet.com. “In most cases, it requires a smoking gun. Either you have testimony from an involved party, witness or written correspondence.” All Okumus has apparently is anecdotal evidence – specifically a sudden spike in trading a couple days before the HP announcement.