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Former Enron exec set free

All it takes is a little patience. F. Scott Yeager, a former Enron executive, got some good news from the 5th Circuit Court of Appeals in New Orleans, which ruled that it wouldn't revisit his case. So, he no longer has criminal charges related to financial fraud hanging over him. Yeager has been acquitted on all counts. This follows a June ruling by the Supreme Court, which tossed a previous 5th Circuit Court ruling that could have resulted in a new trial.

The ruling said, "Today, ... it is clear under our initial ... analysis the jury made a finding in acquitting Yeager that precludes prosecution on insider trading and money laundering." Samuel Buffone, who was one of Yeager's attorneys, stated that his client shouldn't have been indicted to begin with and didn't do anything wrong. It has taken them seven years to get to this point.

Yeager landed in hot water because he sold stock in Enron for more than $54 million before it began the plunge that would ultimately end with its bankruptcy in 2001. He faced 125 counts, was acquitted of five (four for wire fraud and one for conspiracy to commit wire and securities fraud) and wound up with a hung jury for the remaining 120, which included insider trading and money laundering. He was later indicted again on 13 counts of insider trading and money laundering.

Continue reading Former Enron exec set free

Galleon to shutter its hedge funds, is anyone surprised?

On Wednesday, Galleon Group founder Raj Rajaratnam told employees via letter that the company is going to wind down all of its hedge funds. In a Wall Street Journal article (subscription required), a person familiar with Galleon said that one of the alternatives the company is exploring is selling out to another firm.

These alternatives were approached by Rajaratnam in his letter, as he told employees that it is "in the best interest of our investors and employees to conduct an orderly wind down of Galleon's funds while we explore various alternatives for our business."

Continue reading Galleon to shutter its hedge funds, is anyone surprised?

Who profited from Bear Stearns' collapse? One insider did, and got away with it

So, I was flipping through some articles in Rolling Stone, when I found a very interesting economic story - yes, in Rolling Stone. The article, "Wall Street's Naked Swindle," takes a look at what happened in the options pits leading up to the death of Bear Stearns and Lehman Brothers. According to the article, an unknown option buyer made "one of the craziest bets Wall Street has ever seen," by shorting Bear Stearns. The unknown trader felt that Bear Stearns would lose "more than half" of its value in nine days or less, a bet that one financial analyst likened to buying 1.7 million lottery tickets.

What is crazy is that this bet paid off, leading to only one conclusion: insider trading (cue dramatic music). When Bear Stearns dropped from roughly $63 to $2 per share on March 17th (just six days later), the person purchasing the options made roughly $270 million. Senator Chris Dodd from the Senate Banking Committee thought that something wasn't on the up and up with this trade, and the Securities and Exchange Commission (SEC) promised it would look into the trade. Of course, nothing has happened since.

Continue reading Who profited from Bear Stearns' collapse? One insider did, and got away with it

Billionaire hedge fund manager arrested on insider trading charges

Raj Rajaratnam's life has just changed profoundly. The 52-year-old founder, fund manager, and partner at the Galleon Group has been accused of insider trading, conspiring with others (now named as defendants with him) to trade shares of Google (NASDAQ: GOOG), Hilton (OTC: HLNQ), and Sun Microsystems (NASDAQ: JAVA), among others. Rajaratnam generated $25 million in profits on these trades, but that's moot now.

Rajaratnam, who is #559 on the list of the world's richest people, with a net worth of $1.3 billion, now faces fines of up to $250,000 and from 5 to 20 years in prison. I doubt he'll be in the same slot on next year's list of billionaires.

Continue reading Billionaire hedge fund manager arrested on insider trading charges

Insiders dump stock at a furious clip -- what does it mean?

The market has made a nice rebound in recent months, instilling confidence in investors that the worst is over.

But there's at least one negative indicator: Insiders are dumping stock. Charles Biderman of market research firm Trim Tabs tells Fortune that there were $31 worth of insider stock sales for every $1 in buying during the month of August. Worse, this comes at a time when public companies are raising money through stock offerings while putting the brakes on the share buybacks that were giving a boost to the stock market until the recent bear market.

Continue reading Insiders dump stock at a furious clip -- what does it mean?

SEC is digging in on derivatives investigations

Mary Schapiro, chairperson of the the SEC, wants to collect critical data on derivatives transactions to pursue market abuses.

Schapiro said that regulators need the data to construct an audit trail to find out who is doing insider trading and market manipulation. The U.S. Senate is investigating the derivatives markets but is up against a brick wall because it cannot pin down who it is that actually pulled the trigger on the trades. So they are relying on the SEC to provide this data. Schapiro said that the SEC is having difficulty identifying derivative investors and the size of their trades.

Continue reading SEC is digging in on derivatives investigations

SEC charges former Countrywide CEO Mozilo with fraud and insider trading

Do you remember Countrywide Mortgage? Just before the subprime debacle, Countrywide was one of the biggest players in the mortgage business. A man named Angelo Mozilo became chief executive. The company was on a roll. Its motto was "let's think outside the box." And it did.

Countrywide was the first to process applications by computer. Then it let the computer assign a credit score. Then, in a bizarre move, if the credit score was too low, Countrywide just tacked on a few more percentage points to the interest on the mortgage.

Continue reading SEC charges former Countrywide CEO Mozilo with fraud and insider trading

Insider trading probe to shut Pequot Capital Management

Pequot Capital Management is coming to an end, closing the book on two decades of hedge fund history. Arthur Samberg, at one point the biggest hedge fund manager in the world, is closing the company as a result of a Securities and Exchange Commission (SEC) insider trading investigation.

At its peak in 2001, Pequot had $15 million in assets under management. By November 2008, it was only $4.3 billion ... and $3.47 billion as of May 15, 2009, according to a regulatory filing.

Continue reading Insider trading probe to shut Pequot Capital Management

SEC investigating its own employees for insider trading

Can you believe this! The Securities and Exchange Commission is investigating its own employees. It's gotten so bad that the SEC had to establish new rules for employee trading. Right now the SEC has at least two employees under investigation for possible insider trading. The FBI had to be notified and may also be called in to conduct investigations of possible insider trading.

Would you believe that employees can trade the stocks of companies they are investigating? Yes, as of now that's true. So guess what the SEC is doing to correct the problem? They will employ an outside firm to track employee trading in real time. Another new rule will be that employees cannot trade stocks of companies under investigation and will require them to get clearance before making any trade. From this we can infer that employees have been trading stocks of companies under investigation right along.

Continue reading SEC investigating its own employees for insider trading

GM lied about how much cash it needed: Should we give them more?

General Motors (NYSE: GM) disclosed yesterday that it had borrowed another $4 billion from the Treasury Department, raising its total indebtedness to us to $19.4 billion.

The New York Times reports that "G.M. originally said that it would need an additional $2.6 billion from the government to operate through June 1, but added $1.4 billion to that amount."

Whoops! GM underestimated its cash needs by an astounding 53.8%!

Continue reading GM lied about how much cash it needed: Should we give them more?

Insider trading: Fun for SEC lawyers too!

A report from the Securities and Exchange Commission's inspector general "revealed suspicious activity, appearances of improprieties and evidence of possible trading on nonpublic information and/or potential insider trading," on the part of two enforcement attorneys at the agency.

The report also said that the SEC has "essentially no compliance system in place to ensure" that its employees don't engage in insider trading. The U.S. Attorney's Washington office and the FBI are investigating the unnamed lawyers -- one man and one woman, whose identities are not public -- and the SEC is careful to point out that while it takes the matter seriously, no one has been charged with any crime yet.

Continue reading Insider trading: Fun for SEC lawyers too!

American Apparel CEO buys company stock

Shares of American Apparel (AMEX: APP) have been poor performers since the company went public through a special-purpose acquisition vehicle, even though the company's same-store sales numbers have been incredibly impressive.

The company's shares have rebounded recently following the announcement of a major investment by Lion Capital. Now CEO Dov Charney is making his first trades in his company's stock since it went public and guess what? He's buying: 855,000 shares for $2.67 million, including 460,000 shares purchased on margin.

Continue reading American Apparel CEO buys company stock

Would you buy something because Ken Lewis did?

The Wall Street Journal reports (subscription required) that "Bank of America (NYSE: BAC) CEO Shows Confidence With Another Big Share Purchase."

It's true. Ken Lewis purchased 200,000 shares of his company's battered stock on Wednesday, the day before the stock fell to it's lowest level since 1984.

Maybe Bank of America shares are undervalued and maybe they aren't. But seriously: Why would insider buying on the part of an executive who drove the company into a ditch precisely by making bad decisions about what to buy be a good indicator? If anything, I'd be inclined to sell anything that Ken Lewis is buying.

Continue reading Would you buy something because Ken Lewis did?

Bank of America scoops up stock on open market

Confidence in the financials has plunged to yet another low and you know what that means: time to try to prop up the stock and generate good PR with some insider buying!

Bank of America (NYSE: BAC) CEO Ken Lewis spent about $1.2 million to buy 200,000 shares of his company's stock and JPMorgan (NYSE: JPM) CEO Jamie Dimon spent $11.5 million on 500,000 shares of his stock.

"You have executives trying to shore up shareholder confidence,'' Harvard Business School professor Jay Lorsch told CNBC. "I would expect them to believe shareholders will interpret the purchases as a sign of long-term confidence, as investors worry about the state of the banking sector.''

What should shareholders make of it? Here's my take: It's hard to dismiss Dimon's $11.5 million investment as window dressing. Given that that company doesn't have the same questions circling its future that Bank of America does, I would say that investors should take comfort in it.

But Ken Lewis. Oh, Mr. Lewis. Lewis was paid nearly $100 million in 2007, so $1.2 million is hardly any great display of support. And even if it is: Given how wrong he was about Merrill Lynch and Countrywide Financial, why would investors interpret his buys as bullish? Mighn't he be more valuable as a contrarian indicator?

Adding to the suspiciousness is the fact that five Bank of America directors joined Lewis in buying stock during the same period. Can you say carefully orchestrated PR event?

Financial Felons: Where are they now and is there a next generation coming?

We recently presented a look at some of the most notorious financial felons of contemporary times.

Since then, news has included the indictment of Mark Cuban for insider trading in a case that is somewhat reminiscent of Martha Stewart's case. According to the SEC, the billionaire entrepreneur asked his broker to sell all his shares of Mamma.com after the company's CEO confidentially told him of an impending stock offering that would dilute the value of all existing shares. By selling before the information became public, Cuban is said to have sidestepped losses of more than $750,000. Cuban insists, though, that no agreement existed to keep the information confidential.

And then there was the indictment in Texas of Vice President Dick Cheney, along with former U.S. Attorney General Alberto Gonzales and others. There seems to be a conflict of interest between the vice president's influence on the federal agency that oversees federal immigration detention centers and his substantial holdings in Vanguard Group, which invests in private prison companies. But does the lame-duck county district attorney, who was a no-show in court, have the authority to bring charges against federal officials with regard to federally run institutions?

Continue reading Financial Felons: Where are they now and is there a next generation coming?

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Symbol Lookup
IndexesChangePrice
DJIA-17.2410,433.71
NASDAQ-6.832,169.18
S&P 500-0.591,105.65

Last updated: November 24, 2009: 06:05 PM

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