Financial Mines

News and notes from the business reporters for the Connecticut Media Group.

Archive for the ‘Hedge Funds’ Category

Where does your hedge fund grow? Texas, Utah, Australia

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The New York-based Hedge Fund Association said Tuesday it has three new chapters as the industry’s expansion across the nation and globe continues in this maturing sector of finance.

HFA, in a press release, said it has appointed regional directors to head its newly established chapters in Australia, Texas and Utah. These are all territories in which the HFA has not previously been represented.

For decades, Fairfield County, New York City, Chicago and London have been the centers for the industry, but as it has matured, new centers are popping up, including around the Houston area, where managers can be close to the energy sector.

Raj Rajaratnam’s little brother charged with insider trading

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With his brother Raj Rajaratnam already sitting in a federal penitentiary for insider trading, his little brother Rengan Rajaratnam is now facing similar charges.

The U.S. Securities and Exchange Commission announced Thursday it is bringing charges against the younger Rajaratnam, who regulators say was tipped off by his brother, a one-time Greenwich resident and the founder of Galleon, to insider information.

“Our complaint against Rengan Rajaratnam tells a sad tale of a man who followed his brother down an illegal path of greed to its inevitable conclusion,” said George S. Canellos, Acting Director of the SEC’s Division of Enforcement.

Sanjay Wadhwa, Senior Associate Director of the SEC’s New York Regional Office, added, “Rengan Rajaratnam profited handsomely from  his brother’s insider trading activities, and he may have believed he wouldn’t have to pay a price for his involvement.  But now he is learning the true cost of his participation in the most expansive insider trading scheme ever perpetrated.”

The SEC says Rengan Rajaratnam and his brother made $3 million in profits trading on the insider information for themselves and the hedge funds they managed.

The U.S. Attorney for the Southern District of New York is also bringing a criminal action

Cohen’s hedge funds and advisories settle SEC allegations for $616 million

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The U.S. Securities and Exchange Commission said advisories and hedge funds affiliated with SAC Capital have settled allegations of insider trading in two separate cases, agreeing to pay a total of $616 million.

SAC’s affiliated advisory firm Sigma Capital in New York agreed to settle allegations of insider trading related to Dell for $14 million.

By far the largest settlement involved Stamford-based hedge fund advisory firm CR Intrinsic Investors which will pay about $602 million to settle SEC charges that it participated in an insider trading scheme involving a clinical trial for an Alzheimer’s drug being jointly developed by two pharmaceutical companies.

In its amended complaint, the SEC alleges that insider information was filtered through a trader at CR Intrinsic to the “Portfolio Manager A” of SAC Capital in Stamford. The documents identify Portfolio Manager A as the “owner and founder of SAC Capital and CR Intrinsic.”

Steven A. Cohen is credited as owner and founder of SAC.

However, the SEC noted during a conference call, Cohen has not been named or charged personally. And Bloomberg reported a spokesman for SAC who noted the same thing.

SAC’s official statement said it would “maintain a first rate compliance effort woven into the fabric of the firm.”

The settlement filed today in federal court in Manhattan is the largest ever in an insider trading case, requiring CR Intrinsic – an affiliate of S.A.C. Capital Advisors – to pay $274,972,541 in disgorgement, $51,802,381.22 in prejudgment interest, and a $274,972,541 penalty.

“The historic monetary sanctions against CR Intrinsic and its affiliates are sharp warning that the SEC will hold hedge fund advisory firms and their funds accountable when employees break the law to benefit the firm,” said George S. Canellos, Acting Director of the SEC’s Division of Enforcement.

Sanjay Wadhwa, Senior Associate Director of the SEC’s New York Regional Office, added, “A robust culture of compliance and zero tolerance toward employee misconduct can help other firms avoid the severe financial consequences that CR Intrinsic is facing for its misconduct.”

The SEC’s complaint against CR Intrinsic, Martoma, and Dr. Gilman alleged that during phone calls arranged by a New York-based expert network firm for which Dr. Gilman moonlighted as a medical consultant, he tipped Martoma with safety data and eventually details about negative results in the trial about two weeks before they were made public in July 2008.  Martoma and CR Intrinsic then caused several hedge funds to sell more than $960 million in Elan and Wyeth securities in a little more than a week.

In an amended complaint filed today, the SEC added S.A.C. Capital Advisors and four hedge funds managed by CR Intrinsic and S.A.C. Capital as relief defendants because they each received ill-gotten gains from the insider trading scheme.  These ill-gotten gains are comprised of profits and avoided losses resulting from trades placed in the hedge fund portfolios that CR Intrinsic and S.A.C. Capital managed, and include fees that S.A.C. Capital received as a result of these ill-gotten gains.

The settlement is subject to the approval of Judge Victor Marrero of the U.S. District Court for the Southern District of New York.  The settlement would resolve the SEC’s charges against CR Intrinsic and the relief defendants relating to the trades in the securities of Elan and Wyeth between July 21 and July 30, 2008.  The settling parties neither admit nor deny the charges.  The settlement does not resolve the charges against Martoma, whose case continues in litigation.  The court previously entered a consent judgment against Dr. Gilman requiring him to pay disgorgement and prejudgment interest, and permanently enjoining him from further violations of the anti-fraud provisions of the federal securities laws.

The SEC’s investigation, which is continuing, has been conducted by Charles D. Riely and Amelia A. Cottrell of the SEC’s Market Abuse Unit in New York, and Matthew J. Watkins and Neil Hendelman of the New York Regional Office.  The case has been supervised by Sanjay Wadhwa.  The SEC appreciates the assistance of the U.S. Attorney’s Office for the Southern District of New York, the Federal Bureau of Investigation, and the Financial Industry Regulatory Authority (FINRA).

Car breakdown leads to 41 months in jail for hedge fund CFO

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Darrin Foster formerly of the Bronx, spent six years using a Westport hedge fund as his personal piggy bank and two years on the lamb from law enforcement, will head to jail to serve 41 months for embezzlement.
Foster, a former CFO of a Westport hege fund, was sentenced Thursday by U.S. District Judge Janet Bond Atherton in New Haven for embezzling $1 million from his employer over a six year period.
The government said Foster ran up personal charges on his corporate American Express card and then tapped the hedge fund’s bank accounts to pay them between September of 2004 and July of 2010.
His crime is just now being punished as he evaded law enforcement for two years after leaving his job until his car broke down in New York in May of 2012. A New York State Policeman saw him and stopped to help and that’s pretty much where his run ended.
According to police, Foster tried to provide a fake name to the helpful officer, who eventually discovered who he was and that he was wanted.
Foster pleaded guilty in October to wire fraud. He will also serve three years of probation after prison.

Ridgefield-based hedge fund executives indicted

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David B. Fein, United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced Tuesday a federal grand jury sitting in New Haven returned a 19-count indictment charging three executives of New Stream Capital, LLC, a Ridgefield-based hedge fund, with conspiracy, securities fraud and wire fraud offenses.

The SEC has also filed a civil complaint against the men.

The feds say that New Stream Cap Managing Partners David Bryson, 44 of Ridgefield and Bart Gutekunst, 61 of Weston, with New Stream CFO Richard Pereira, 40 of Ridgefield, surrendered in the morning to the FBI in New Haven.
The defendants appeared before U.S. Magistrate Judge Donna F. Martinez in Hartford and pleaded not guilty to the charges.

The trio is charged with lying to investors about the status of its offshore funds.

Bryson and Gutekunst were released on $5 million bonds and Pereira on a $300,000 bond.

“As alleged, fearing the loss of their fund’s largest investor, these defendants orchestrated a scheme to deceive investors in order to obtain and maintain investments,” stated U.S. Attorney Fein.  “The U.S. Attorney’s Office and our many partners on the Connecticut Securities, Commodities and Investor Fraud Task Force are committed to protecting investors and the integrity of American capital markets.”

“It goes without saying that investing carries certain risks,” stated FBI Special Agent in Charge Mertz.  “Those risks, however, should not include any chance that hedge fund managers or other investment professionals are lying to or deceiving their investors about the current state of investments.  Investors have a right to full disclosure.  Today’s arrests underscore the FBI’s continuing commitment to investigate those who provide material misrepresentations to investors.”

According to the indictment and statements made in court, in November 2007, New Stream launched new feeder funds, one based in the United States  and a series of funds based in the Cayman Islands. New Stream also announced that its existing Bermuda Fund would be closing, and all foreign investors would have to move their investments into the Cayman Fund.  Rather than transfer into the new structure, New Stream’s largest investor placed a redemption on its whole investment in the Bermuda Fund in March 2008.

At risk of losing their largest investor, it is alleged the three men set in motion a scheme to secretly keep the Bermuda Fund open and give priority to Bermuda Fund investors in an effort to reverse the redemption.  As part of the scheme, New Stream staff secretly reorganize the fund structure so as to effectuate the priority change.

The indictment further alleges that New Stream failed to inform investors who had transferred from the Bermuda Fund into the Cayman Fund that the Bermuda Fund was remaining open or that it was being given priority over the Cayman Fund.  Moreover, New Stream continued to market New Stream to investors by concealing from them the magnitude of the actual pending redemptions and by using deceptive marketing materials that failed to disclose the existence of New Stream’s Bermuda Fund.

Each of the defendants is charged with one count of conspiracy, 10 counts of securities fraud and eight counts of wire fraud.  The conspiracy charge carries a maximum term of imprisonment of five years, and the securities fraud and wire fraud charges carry a maximum term of imprisonment of 20 years on each count.

This matter is being investigated by the Federal Bureau of Investigation and the U.S. Department of Labor, Office of Inspector General, with the assistance of the Securities and Exchange Commission.  The case is being prosecuted by Assistant United States Attorneys Liam Brennan and Michael S. McGarry.

Bridgewater hires Northern Trust for back-office services

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A little more than a year since Westport-based Bridgewater Associates turned over some of its back-office functions to BNY Mellon, the world’s largest hedge fund is hiring Northern Trust’ to replicate some of that work.

Northern Trust announced the Bridgewater deal on Tuesday. According to Chicago-based NT, it will replicate certain middle and back-office services for Bridgewater’s as the fund continues to transform its back offices.

In October of 2011, Bridgewater made a deal with BNY to essentially move 91 back office workers off Bridgewater’s payroll and onto BNY’s. It’s a move that other financial firms have made to allow them to concentrate on their core business.

NT said as a result of its deal, it will create approximately 100 jobs in Chicago and Stamford providing services that include replicating various administrative processing, trade processing, valuation, real-time reporting, cash management, accounting and collateral management services.

Northern Trust said the independent, replicated services will provide Bridgewater an enhances level of oversight and controls while validating results. Services are expected to begin in 2014. Northern Trust said the hedge fund industry is going through a transformation and this type of arrangement could be the beginning of an expansion of this kind of service.

“We are delighted to be working with Northern Trust and to draw on their leading-edge technology and expertise for the benefit of our clients,” said Eileen Murray, Co-President of Bridgewater Associates. “At a time of unprecedented change and uncertainty for investors, Northern Trust’s independent review mandate as part of our ongoing transformation program at Bridgewater is designed to provide an added level of protection and security for our clients.”

Bridgewater also got good news Tuesday after the City of Stamford granted Building and Land Trust the right to use city property as part of its development of a new headquarters for Bridgewater.

See the Bridgewater story in the Stamord Advocate.

ESL and the Connecticut anchor

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So Edward Lampert has moved ESL Investments South and looks like he will be a full-time resident of Florida where there is no income tax.

Much hand ringing has followed and there’s the usual  talk that taxes drove him out, though an actual explanation has not been forthcoming. In classic hedge fund form, Lampert has not said a word in the press about it, speaking only through PR firm.

And that’s what’s bugging people. The move itself is a statement, although people differ on what that statement is. Why and does it actually matter.

Make no mistake, there is real fall out to this. Edward Deak, a professor of economics points out Lampert’s personal income is believed to be more than $3 billion, so that’s a huge hit to the tax base. Moving his company hurts office suppliers and other firms that were servicing ESL. And Deak said the question is are there others going to follow?

Within the industry, there are differing opinions about why Lampert made his decision.

“Maybe Eddie Lampert is tired of wearing a parka,” one Miami hedge fund expert said, though he was hoping to see more move South for the weather and taxes.

But does this signal the end of Connecticut’s darling hedge fund industry? Probably not.

“I really don’t  think anyone cares,” another industry insider a little further North than Miami told The Mines when asked what people are saying about it and whether it means anything to Connecticut’s home grown industry.

As for why Lampert hasn’t said anything there is his Connecticut anchor to consider, which is a concern according to friends of Lampert, as reported by the Greenwich Time’s Neil Vigdor.

For those not familiar with the term, a Connecticut anchor is property, the kind that can’t easily be sold because it’s amazingly expensive and there aren’t that many people who can afford it, or it can’t be sold without a loss.Businesses have them, residents have them.

In Lampert’s case, he has a $25 million one in Greenwich, his home, and so far hasn’t hung a for sale sign on it. Some people believe Lampert wisely has not voiced criticism of the state and its tax or other climate because it would devalue his property when he tries to unload it.

Imagine this conversation.

Lampert: “OK, it’s got plenty of space, room for a swing set out back. Lots of bathrooms, no waiting.  I’m asking $25 million for it.”

Buyer: “Why are you selling?”

Lampert: “Connecticut is overtaxing me. It’s just a terribly oppressive place to live and work. I hate it. I moved to Miami.”

Buyer: “I’ll give you a $1 for it. After all, the place is going to hell.”

The idea that Lampert plunked $40 million down on a Florida estate out of spite and anger, well, that’s for him to say and he’s perfectly capable of saying it.

Of course, there’s another reason Lampert might not be criticising the state. Maybe he remembers he made an awful lot of money here and has enjoyed a lot of success. And while the place doesn’t make the man, it does contribute.

In the end, I’m sure lower taxes helped him make the decision, but maybe that guy’s onto something about the parka as the deciding factor. Have you been to Florida in February?

SEC wins $98.6 million in penalties against UK hedge fund

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Almost four years after the SEC accusations, a court enters a $98.6 million judgement against UK hedge fund manager, Lewis Chester and his Pentagon Capital Management.

The SEC announced the ruling Friday that stems from charges that Chester engaged in late trading and deception that defrauded U.S. mutual funds.

The penalties include:

$38.4 million in disgorgement

$21.7 million in prejudgement interest

$38.4 million in civil fines.

That interest sure added up quick.

Chester, age 43, is a resident of London, England. PCM is an investment adviser and investment manager based in London, England, and is registered with the United Kingdom Financial Services Authority. Pentagon Special Purpose Fund, Ltd. is an international business company incorporated in the British Virgin Islands.

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