When I read about someone charged with insider trading, I am interested enough to read more about it. So, when I saw the news of the SEC charges of insider trading against legendary investor Leon Cooperman, I started digging into as much information about the case as I could.
My first thought was that the news was not all bad for Cooperman because he is only facing civil charges. If the charges are proven, he is going to face penalties, fines and possibly an impairment of his ability to operate his hedge fund. Yes, his legacy might be tarnished, but this, potentially is a much better outcome than facing criminal charges.
SEC alleges that in July 2010, Leon G. Cooperman made “illegal profits” of approximately $4.1 million by buying Atlas Pipeline Partners, L.P. (APL) stock, based on material nonpublic information, ahead of the sale of one of its operations.
According to the SEC complaint, below are the salient dates and actions:
Cooperman was one of APL’s largest shareholders and had great influence and access to APL. He owned more than 9 percent of APL’s common stock and had developed a close relationship with company senior executives.
During the first half of 2010, Cooperman reduced his stake in the APL. In an April 30, 2010 email, Cooperman stated that he was “Scaling out of APL on strength.” On July 7, 2010, Cooperman expressed to an Omega Consultant that APL was “shitty business.”
Cooperman spoke with APL executive 1 on July 7, 19 and 20, on a phone. The
When assessing the economic damage to due to Paul Thayer and those that he tipped off about the acquisition of Campbell Taggart, it should be noted that some argue that this kind of insider trading circulates information and forces the stock to its “true value.” If we assume this argument to be flawed, then part of Anheuser-Busch stock dip after the announcement was due to the insider trading and the fact Anheuser-Busch probably paid more to acquire its target. Thayer and his friends trade the Campbell stock for nearly a month before any public announcement of the merger. On July 27 nearly half the volume was insider volume controlled by those individuals who were in violation of rule 14(e)-3 (See exhibit 2). The increased volume might
Cynthia Cooper was contemplating over this whole debacle with what was the right decision to make with her discovering “almost four billion dollars in questionable accounting entries”. (Mead) While contemplating something crossed her mind on deciding if she should speak up and become known as a whistleblower, is that her findings could cost WorldCom’s credibility, about seventy thousand employees would lose their jobs, and also pension funds that were loaded with WorldCom stock. Her job as an internal auditor she had a responsibility to WorldCom’s Stockholders and also her own conscious to do something like as the fraud that was uncovered was so
Jordan Belfort is the notorious 1990’s stockbroker who saw himself earning fifty million dollars a year operating a penny stock boiler room from his Stratton Oakmont, Inc. brokerage firm. Corrupted by drugs, money, and sex he went from being an innocent twenty – two year old on the fringe of a new life to manipulating the system in his infamous “pump and dump” scheme. As a stock swindler, he would motivate his young brokers through insane presentations to rile them up as they defrauded investors with duplicitous stock sales. Toward the end of this debauchery tale he was convicted for securities fraud and money laundering for which he was sentenced to twenty – two months in prison as well as recompensing two – hundred million in
Fraud, lying, conspiracy...not terms that any individual generally wants associated with their history, nonetheless with their reputation and personality, especially if that individual happens to be Martha Stewart. Martha Stewart: a name which almost every person who calls themselves an American can recognize. Her name pronounces itself across cookbooks, magazines and even has its own show on Style and The Learning Channel. It now pronounces itself with yet another captivating theme, as part of one of America's major scandals.
Overview of the Case: The Securities and Exchange Commission claims Mark D. Begelman misused proprietary information regarding the merger of Bluegreen Corporation with BFC Financial Corporation. Mr. Begelman allegedly learned of the acquisition through a network of professional connections known as the World Presidents’ Organization (Maglich). Members of this organization freely share non-public business information with other members in confidence; however, Mr. Begelman allegedly did not abide by the organization’s mandate of secrecy and leveraged private information into a lucrative security transaction. As stated in the summary of the case by the SEC, “Mark D. Begelman, a member of the World Presidents’ Organization (“WPO”), abused
SEC alleged that Mark Cuban violated misappropriate insider trading. To be qualified as misappropriate insider trading, an individual wrongfully obtains (misappropriates) inside information and trades on it for her or his personal benefit. In this case, Cuban actually traded his shares based on the material inside information he was told and saved him $750,000 in losses. Wrongful misappropriation means violation of a fiduciary duty.
representative of Coopers, a national accounting firm. Fox told Coopers he was acting on behalf
Between the years 2000 and 2002 there were over a dozen corporate scandals involving unethical corporate governance practices. The allegations ranged from faulty revenue reporting and falsifying financial records, to the shredding and destruction of financial documents (Patsuris, 2002). Most notably, are the cases involving Enron and Arthur Andersen. The allegations of the Enron scandal went public in October 2001. They included, hiding debt and boosting profits to the tune of more than one billion dollars. They were also accused of bribing foreign governments to win contacts and manipulating both the California and Texas power markets (Patsuris, 2002). Following these allegations, Arthur Andersen was investigated for, allegedly,
Bernard Madoff had full control of the organizational leadership of Bernard Madoff Investments Securities LLC. Madoff used charisma to convince his friends, members of elite groups, and his employees to believe in him. He tricked his clients into believing that they were investing in something special. He would often turn potential investors down, which helped Bernard in targeting the investors with more money to invest. Bernard Madoff created a system which promised high returns in the short term and was nothing but the Ponzi scheme. The system’s idea relied on funds from the new investors to pay misrepresented and extremely high returns to existing investors. He was doing this for years; convincing wealthy individuals and charities to
The corruption of money in the lives of individuals and communities is a common theme in the world today. The corruption power money destroys relationships and turns people into something they are not. In the movie, “The Wolf of Wall Street,” Jordan Belfort, a young man who started from nothing and obtained a job on Wall Street that earned him tremendous amounts of money in not the most ethical or legal techniques. The wealth Jordan acquires corrupts his nature of a hard working man to an individual who looses his close relationships and identity in a life of money and drugs. This first act of corruption is the separation of wife of many years for a very attractive model who only loved him for the false persona created by the wealth.
It can fairly be said that an Investor considering an investment decision (whether to purchase, sell or hold stock) in publicly traded company acts on the basis of extensive information which is available by corporation to him until the last moment of his investing decision and try to determine the fair price of corporate stock. In the light of continuous creation of a particular impression of corporate affairs by the corporation, new information by corporate can vanish the importance of previous available information to investor. In the scenario only one kind of investors can get advantage over others, who is either very close to corporate operation (corporate officers) or can access nonpublic price-sensitive information to corporation
Jordan Belfort is the notorious 1990’s stockbroker who saw himself earning fifty million dollars a year operating a penny stock boiler room from his Stratton Oakmont, Inc. brokerage firm. Corrupted by drugs, money, and sex, he went from being an innocent twenty – two year old on the fringe of a new life to manipulating the system in his infamous “pump and dump” scheme. As a stock swindler, he would motivate his young brokers through insane presentations to rile them up as they defrauded investors with duplicitous stock sales. Toward the end of this debauchery tale he was convicted for securities fraud and money laundering for which he was sentenced to twenty – two months in prison as well as recompensing two – hundred million in
On May 24, 2005, Warren E. Buffett, the chairperson and chief executive officer (CEO) of Berkshire Hathaway Inc., announced that MidAmerican Energy Holdings Company, a subsidiary of Berkshire Hathaway, would acquire the electric utility PacifiCorp. In Buffett’s largest deal since 1998, and the second largest of his entire career, MidAmerican would purchase PacifiCorp from its parent, Scottish Power plc, for $5.1 billion in cash and $4.3 billion in liabilities and preferred stock. “The energy sector has long interested us, and this is the right fit,” Buffett said. At the announcement, Berkshire Hathaway’s Class A shares closed up 2.4% for the day, for a gain in market value of $2.55
Astor’s abuse of weaker stakeholders was typical of his era, however if he were to trade today, he would be hit with a hefty fine, thrown in jail and even lose his company and all his earnings.
Through his MacAndrews & Forbes holding company and several subsidiary holding companies, Perelman owned a wide range of businesses including Revlon (an international cosmetics company), Coleman (an outdoor recreation equipment company), First Nationwide Bank (a California-based savings and loan association), Consolidated Cigar (a cigar company), and the Andrews Group (an entertainment and publishing holding company) (see Exhibit 1). Although this holding company structure was complex, it provided Perelman with both legal and financial protection. From a legal perspective, limited liability at the subsidiary level protected the holding companies from financial liability in default situations. From a financial perspective, consolidation allowed the holding companies to share net operating losses across firms because they typically owned at least 80% of the subsidiaries, the minimum level required by the Internal Revenue Service (IRS). According to a tax analyst at Lehman Brothers, Perelman “… knows how to exploit net operating losses better than anyone.”4 Another analyst commented: [In 1996, his companies] … generated more than $600 million in profits, yet a careful reading of their financial statements suggests they paid little or nothing in taxes to the U.S. government. Through skillful use of holding companies and tax laws, Perelman’s people have become expert at minimizing