Category “Prime Broker Justice”

SEC: Accused Hedge Fund Fraudster Stole More Than $1.2M

February 28th, 2011

A Texas hedge fund manager was quite the storyteller, the Securities and Exchange Commission has alleged.

The regulator said that Christopher Blackwell misappropriated more than $1.2 million of the $4 million he raised, spending large sums on himself—including covering his child support payments and funding his fancy for “gentlemen’s clubs”—and some $500,000 on Ponzi scheme payments. More money went out in the form of payments to both himself and his associates.

A court has frozen Blackwell’s assets, HedgeFund.net reports. The SEC was led to his alleged scam by the Department of Homeland Security, which became concerned by large wire transfers made by Blackwell.

A DHS agent then met with Blackwell in the guise of a potential investor, and the lies continued, according to the SEC. Blackwell allegedly claimed, during a confab at a local Hooters restaurant, that he had studied at the University of Madrid and worked for the Bank of Madrid and Goldman Sachs. None of those claims are true, according to the regulator.

Blackwell allegedly told his victims, including an unidentified former member of the Dallas Cowboys football team, that his hedge fund invested in fixed-income, hedge funds and movie distribution deals.

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N.Y. Pay-To-Play Ringleader Gets Up To Four Years

February 21st, 2011

Andrew Cuomo

Henry Morris, the man at the center of New York’s pay-to-play pension scandal, was sentenced to between 16 months and four years in prison yesterday.

Morris, who pleaded guilty to corruption charges in March, was sent straight to jail by New York State Justice Lewis Stone. Stone called Morris’ scheme of taking kickbacks from investment advisers, including hedge funds, in exchange for allocations from the New York State Common Retirement Fund, “evil.”

“My actions diminished the integrity of New York State’s government,” Morris said at his sentencing. “Most importantly, they caused ordinary people to question their faith in the political system.”

The case against Morris was led by former New York Attorney General Andrew Cuomo, now the state’s governor. His successor, Eric Schneiderman, said, “today’s sentencing decision by the court sends a strong message to New Yorkers that those who abuse positions of power to line their own pockets will be held accountable by this office.”

Morris was the top political consultant under former state Comptroller Alan Hevesi, who resigned after an unrelated scandal and last year pleaded guilty to corruption charges himself. Among the alternative investments firms caught up in the scandal were the Carlyle Group and Riverstone Holdings.

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Hedge Fund Manager (And TV Pundit) Faces Fraud Charges

February 17th, 2011

Brian Kim

New York hedge fund manager and sometime TV pundit Brian Kim has been accused of masterminding a $4 million Ponzi scheme.

Manhattan DA Cyrus Vance said Tuesday Kim, who remains at large, had been indicted on charges of grand larceny and scheme to defraud for a scam that started in 2003. Kim is accused of defrauding 45 West Coast investors, according to the New York Daily News. Kim is said to have preyed on tech workers in Silicon Valley and Washington.

“The defendant induced his clients to make risky and speculative investments by portraying himself as an accomplished trader and money manager,” Vance said.

The 35-year-old made two appearances on CNBC’s financial news show “Squawk Box” in 2009, during which he is alleged to have promoted his fraudulent investment business. Officials claim he also doctored financial statements and told investors he’d generated returns of 240% since 2000.

Kim also faces a civil suit, filed Tuesday by federal regulators, which claims he stole at least $2.1 million from 37 investors in 2009 and 2010.

Officials say Kim has been AWOL since January, when he failed to show up for a Manhattan trial on a separate charge (he is alleged to have stolen $438,000 in 2008 from the East Village condo where he lived).

Kim, if convicted, could face up to 25 years in prison.

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Diamondback Redemptions Top $1 Billion

February 16th, 2011

Things aren’t as rosy at Diamondback Capital Management as the hedge fund indicated last week.

Investors have filed redemption notices totaling more than $1 billion with the firm, one of four raided in November by the Federal Bureau of Investigation as part of the Justice Department’s massive insider-trading probe. Diamondback has not been accused of any wrongdoing.

The withdrawal requests, first reported by The New York Times, are about twice the amount the firm reported to investors last week, indicating that its efforts to reassure did not go as well as Greenwich, Conn.-based Diamondback had hoped. Later last week, the firm acknowledged that redemption notices had crested $700 million; the final total is likely to be higher, as the deadline for notices was yesterday at 5 p.m.

Diamondback, which manages about $5.5 billion, had told investors last week that “several large investors” would stick with the firm. That includes that Blackstone Group, the hedge fund’s largest investor, which does not plan to substantially alter its investment with Diamondback.

The hedge fund also warned investors to think long and hard about their decision: Unlike most of its peers, Diamondback said it will not allow investors to revoke their redemption requests. It is unclear if the ballooning level of withdrawal demands will lead it to change that stance.

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Hedge Funds, Banks Drive Up Prices In Madoff Claims Market

February 15th, 2011

Competition in the secondary market for claims against fraudster Bernard Madoff is driving up prices, says one of the UK’s biggest hedge fund market makers.

“We’ve had these positions on our books for two years, and two years ago you couldn’t get a price,” Neil Campbell, head of alternative investments at brokerage Tullett Prebon told Reuters. “Up to six months ago it’s been one or two cents in the dollar, as optionality, but now it’s become more serious because there’s more competition.”

In the past six months, the price of holdings in Madoff feeder funds like Fairfield Sentry and Kingate has risen to 7 or 8 cents on the dollar from 1 or 2 cents, says the news agency. Buying bankruptcy claims from a direct investor with Madoff can cost 30 or 40 cents.

The market has been encouraged by the successor of Irving Picard, trustee for the Madoff bankruptcy, who has recovered about $10 billion for victims of Madoff’s Ponzi scheme.

According to Campbell, distressed hedge funds, distressed desks at banks and funds of funds specializing in the secondary market are all entering the sector. And on the other side, many funds of funds are trying to dump Madoff holdings to limit damage to their reputations.

“There are a lot of vehicles globally looking at this opportunity,” said Campbell. “A variety of buyers are coming in, due to the success of the trustee, who has been fairly ferocious in getting results, and the (small) amount of claims made, especially in Europe, which has created a very interesting window of opportunity.”

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Rajaratnam Trial To Start March 8

February 11th, 2011

Galleon Group founder Raj Rajaratnam’s trial on insider-trading charges has been delayed by a week.

U.S. District Judge Richard Holwell, who is presiding over the case, issued an order setting a new start day of March 8. The trial had been set to begin on Feb. 28.

It is unclear why Holwell chose to delay the trial; he did not offer a reason. But this week, lawyers for both sides and some witnesses have been coming to the Manhattan courthouse to work on pretrial matters. Reuters reports that attorney scheduling was the reason for the move.

Among those matters is an outstanding subpoena issued by Rajaratnam’s legal team to consulting giant McKinsey & Co. The two sides yesterday said they had reached an agreement on most matters, while Holwell sided with McKinsey on some of Rajaratnam’s document requests.

McKinsey had been fighting the subpoena, saying it sought “troves of irrelevant, unspecific and inadmissible documents.” Rajaratnam’s team shot back that the case has McKinsey “written all over it;” one of the 19 people to plead guilty in the case is a former senior director at the firm, and a former head of McKinsey, Rajat Gupta, is alleged to have passed confidential tips to Rajaratnam, although he himself has not been charged.

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Prosecutors: Witnesses Offer Evidence Of Rajaratnam’s Insider Trading

February 9th, 2011

Raj Rajaratnam

The noose around Raj Rajaratnam appeared to tighten further this week as prosecutors revealed some of the evidence they plan to use against the Galleon Group founder.

At least three cooperating witnesses have provided evidence of insider-trading by Rajaratnam, assistant U.S. Attorney Jonathan Streeter wrote in court documents. Two of those three are former Galleon employees.

One, Michael Cardillo, pleaded guilty to insider-trading charges last month as part of a plea deal. Streeter said that he approached prosecutors in October to discuss cooperating.

“Members of the trial team met with Cardillo and debriefed him about evidence he had against Rajaratnam,” Streeter wrote. “This included Rajaratnam’s trading based on inside information relating to Proctor & Gamble, as well as Cardillo had against another co-conspirator not previously identified by the government to the defendant.”

Streeter made the filing in response to a bid by Rajaratnam’s lawyers seeking to exclude discussion of four stocks from the trial, including Procter & Gamble. The trial is set to begin on Feb. 28.

According to another cooperating witness, former McKinsey & Co. consultant Anil Kumar, Rajaratnam went to jail just days after another deal about which he had advanced knowledge. While it is unclear whether Rajaratnam traded or sought to trade on that information, about Cisco System’s acquisition of Starent Networks, prosecutors said that Rajaratnam told Kumar that he knew about the deal.

Cisco announced its purchase on Oct. 13, 2009, three days before Rajaratnam’s arrest.

Streeter said Kumar’s claims “had very recently been corroborated through evidence supplied by Adam Smith,” another former Galleon trader who is cooperating in the investigation.

Kumar himself made a filing this week, asking a judge to junk a subpoena from Rajaratnam’s lawyers seeking documents from his McKinsey days. McKinsey has also objected to the subpoena.

Kumar called the request “excessively burdensome,” and another, seeking his tax returns and personal trading records, “at most…an attempt to impeach Mr. Kumar’s credibility.”

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Rajaratnam Brother An Alleged Co-Conspirator In Insider-Trading Case

February 3rd, 2011

Raj Rajaratnam

Prosecutors are turning up the heat on Galleon Group founder Raj Rajaratnam just weeks before he goes on trial for insider-trading: It has emerged that Rajaratnam’s younger brother, Ragakanthan, is an unindicted co-conspirator identified in the most recent guilty pleas in the case.

The government has not publicly identified Ragakanthan Rajaratnam as “CC-1″ in the charges against former Galleon trader Michael Cardillo. But The Wall Street Journal reports that the co-conspirator is, in fact, the former Galleon chief’s brother.

Ragakanthan Rajaratnam has not been charged with any wrongdoing. But according to the Cardillo charges, the brothers Rajaratnam traded on confidential information about J.M. Smucker Co. and Procter & Gamble during Ragakanthan Rajaratnam’s three years as a Galleon portfolio manager.

Cardillo, who pleaded guilty last week, worked for Ragakanthan Rajaratnam and executed his trades, according to the charges against him.

Ragakanthan Rajaratnam, known as “R.K.” during his Galleon days, is now a vice president in Clorox Co.’s marketing department. He worked at General Mills, Kraft Foods and ConAgra Foods before joining Galleon in 2006.

Raj Rajaratnam’s trial on 14 insider-trading counts is set to begin on Feb. 28. In the last few weeks, prosecutors have moved to isolate the biggest fish they’ve nabbed in the whole investigation, winning guilty pleas from his former co-defendant, Danielle Chiesi, and two former Galleon traders, including Cardillo. All told, 19 people have pleaded guilty in the case; seven, including Rajaratnam, are fighting the charges.

The government has also turned up the heat on Rajaratnam’s other brother, Regnan, another former Galleon employee. In December, John Kinnucan, the research firm chief who publicly rejected a Federal Bureau of Investigation offer to cooperate in the investigation, said he received a subpoena seeking information about Sedna Capital Management, a now-defunct hedge fund founded by Regnan Rajaratnam.

It is unclear whether prosecutors intend to pursue charges of any kind against either Ragakanthan or Regnan Rajaratnam, or if they hope the increased pressure will convince Raj Rajaratnam to seek a plea deal.

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Raided Hedge Fund Barai Liquidating, Cooperating

February 2nd, 2011

Barai Capital Management, the hedge fund whose founder has been identified as an alleged co-conspirator of accused insider-trader Winifred Jiau, is closing its doors.

The New York-based firm is cooperating with the investigation, which has led to at least eight arrests since November, one of its early backers said. Among those charged was Jason Pflaum, an analyst at Barai, who pleaded guilty to conspiracy and securities fraud.

“BCM has informed us that they are cooperating fully with the government’s investigation,” Jeff Tarrant and Ted Seides, co-founders of Protégé Partners, wrote to investors yesterday. “The firm has also informed its investors that it commenced an orderly wind-down of the BCM funds.”

Barai was identified as “Hedge Fund A” in the complaint against Jiau, a former consultant for expert-network firm Primary Global Research. The firm’s Manhattan offices were raided by the Federal Bureau of Investigation in mid-December, about a week before three more highly-publicized raids at other hedge funds. The agents seized some computers and tape recorders from Barai Capital; firm founder Samir Barai has a hearing disorder and frequently recorded conversations, including with Jiau.

Pflaum was identified as a cooperating witness in that complaint, while Barai is the unnamed co-conspirator called “CC-1” in the complaint, The Wall Street Journal reported yesterday.

Barai has not been accused of any wrongdoing, but the Jiau complaint said that Barai “communicated directly” with “some individuals… in order to receive inside information.” The complaint alleges that he earned some $820,000 trading on tips provided by Barai.

Barai Capital managed less than $100 million as of last fall, despite returning 13% since its inception in 2008. Protégé seeded the firm.

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Primary Global Analyst Pleads Guilty In Insider-Trading Case

January 13th, 2011

Federal prosecutors have secured their second guilty plea in the Justice Department’s massive insider-trading investigation. But Winifred Jiau, the woman arrested late last month in the case, won’t be their third.

Bob Nguyen, a former analyst at expert-network firm Primary Global Research, admitted that he and others at Primary Global sought out experts among public company employees who would offer nonpublic information about those companies. All eight of the people currently charged in the case were either Primary Global employees or expert consultants.

Nguyen is cooperating with the probe; he is the cooperating witness identified as “CW-4” in court documents from the earlier case against four Primary Global consultants. He pleaded guilty to wire fraud and conspiracy to commit wire and securities fraud. He faces up to 20 years in prison; but undoubtedly hopes his cooperation will lead to a lesser tariff.

Nguyen told a federal judge in Manhattan that he arranged meetings and phone calls between experts and Primary Global clients that allowed the latter to get confidential information. He is also the first person accused in the case to indicate that Primary Global sought out experts who would be free with their non-public information.

“One of the goals of the firm was to recruit current employees of public companies as experts who would provide material, non-public information about their company,” including information about “revenues, suppliers and customers,” Nguyen said at his plea hearing yesterday.

One of those experts was Dell global supply manager Daniel Devore, who pleaded guilty last month and is also cooperating with the investigation.

Nguyen was freed after the hearing and is free to travel in the continental U.S.

Nguyen is the eighth person charged in the case; the seventh, Winifred Jiau, will not be following his guilty plea with one of her own. Jiau, a former consultant for Primary Global, will plead not guilty to allegations that she passed confidential information on to three hedge funds, her lawyer said.

“I think she intends to plead not guilty,” Mark Goldrosen said. He made the comment after a hearing in San Francisco dealing with Jiau’s transfer to New York.

Jiau’s plans were previously unclear; earlier this month, she told Reuters that the Federal Bureau of Investigation had approached her about becoming a cooperating witness, and that she had not decided whether to turn state’s evidence.

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