The Daily Caveat is written by Michael Thomas, a recovering corporate investigator in the Washington, DC-area.

CARE TO CONTRIBUTE?

TIPS, COMMENTS and QUESTIONS are always welcome (and strictly confidential).

Contact The Daily Caveat via:



Join our mailing list to new posts via email.



Or justrss icon read the feed...


Previous Posts Archives
5/26/2009
Trading Under The Influence
Don't let this happen to you... 28 year old Morgan Stanley trader, David Connor Redmond rolled back in to the office a little too deep in his cups after a three hour lunch and promptly breached his firm's value-at-risk limits with a large short of West Texas Intermediate oil futures.

A stand-up guy, Redmond attempted to hide his gaffe by transferring it to a colleague's name without his knowledge.

Classy.

If there's an upside, it is that Redmond sold his positions the next day at a profit, but that didn't stop him from getting slapped with a two-year ban for his trouble.

Labels: ,

0 Comments.
Post a Comment
8/13/2008
Cuomo's Auction Rate Securites Probe Gets More Ambitious
...with the addition of a few more minor names, like JPMorgan Chase, Morgan Stanley and Wachovia.

-- MDT

Labels: , , , ,

0 Comments.
Post a Comment
12/05/2007
Morgan Stanley Analyst and Spouse Sentenced for Insider Trading
Details via The Daily Intelligencer.

-- MDT

Labels: , ,

0 Comments.
Post a Comment
3/08/2007
Time Magazine Says More Charges Coming in Insider Trading Probe
In a recent statement to Time Magazine, SEC spokesman Scott Friestad indicated that several more individuals would likely face charges as the SEC continues its investigation over the next few months. Friestad also offered this background on how the insider trading scam that has so far felled 14 individuals - some from major New York banking institutions (UBS, Banc of America, Bear Stearns, Morgan Stanley), came to light:
"The investigation began as routine probe of suspicious high-volume trading prior to the acquisition of Catellas Development," said Friestad. The probe led to Eric Franklin, a hedge fund manager for Q Capital Investment Partners, LP, a Delaware limited partnership with offices in Fort Lee, N.J. "We linked those trades to Mr. Franklin and obtained trading records for Q Capital, and Mr. Franklin's own records for his personal account, and noticed that what they had in common was Morgan Stanley as the investment banker. We also noticed that a lot of the trading preceded upgrades and downgrades issued by UBS [Union Bank of Switzerland] and then the whole scheme began to unravel."
Read more on the insider trading investigation at Time Magazine. And for a run down of the 14 indicted so far, check out this Daily Caveat post from last week.

-- MDT

Labels: , , , , , , , , , , ,

0 Comments.
Post a Comment
12/22/2006
Morgan Stanley Blames 9/11 For Failure to Turn Over Emails
Unamused, the NASD filed a complaint earlier this week. Morgan Stanley, they claim, had backed up their systems on August 30, 2001 and has since that time been systematically deleting emails that would have been relevant to the investigation into whether or not Morgan Stanley was routinely overcharging customers. This would also not be the first time Morgan Stanley has dragged its collective wingtipped heels when asked to turn over potentially incriminating details to regulators. The SEC has already slapped the firm on the same issue.

Read on at The Washington Post.
-- MDT

Labels: , , ,

0 Comments.
Post a Comment

Philippe Jabre Returns to Hedge Funding
The non-compete from GLG is over. With his personal scandal is more or less behind him and Philippe Jabre is getting back on the horse. Jabre has opened Jabre Financial Services in Switzerland and is building up his initial staff with some notable friends and family, including former GLGers, James Saltissi and Daniel Horsely and former Morgan Stanley head of risk management (as well as brother in law), Philippe Riachi. $2.5 billion is the year one target for assets under management.

Jabre had previously opened a firm called Ballena Captial, which was a vehicle for managing his own substantial wealth. The launch of Jabre Financial Services marks his return to managing other peoples money.

-- MDT

Labels: , , , , , ,

0 Comments.
Post a Comment
12/06/2006
Senate Hearing Raises Questions about SEC Preferential Treatment of Morgan Stanley's John Mack
Gary Aguirre finally gets some on-the-record back-up from former colleagues (scorn from others) and SEC official, Robert Hanson faces some tough questions...Details at Bloomberg.

Need a little background? Need a lot?

-- MDT

Labels: , , ,

0 Comments.
Post a Comment
12/05/2006
13 Firms Named in Short Seller Price Rigging Class Action
Amongst the twelve named: Goldman Sachs, Merrill Lynch & Co., JPMorgan Chase, Lehman Brothers Holdings, Credit Suisse, the Canadian Imperial Bank of Commerce and others. Sounds dicey:
Morgan Stanley, Goldman Sachs Group Inc. and 11 other securities firms have been accused in a lawsuit of conspiring to rig the fees charged to short sellers...

...In a class action filed in federal court New York on Dec. 1, two short sellers claimed that the 13 firms conspired to charge excessive fees for certain ``hard-to-borrow'' stocks, in violation of antitrust laws. The defendants locate, borrow and deliver stocks involved in most short sales, the complaint said.

The firms "orchestrated a massive scheme whereby they have combined and conspired to raise, fix, and maintain, at artificially inflated levels, the fees paid by plaintiffs,'' the complaint said...

...Plaintiffs Forza Capital Management LLC of Bend, Oregon, and BHL Capital Partners LP of Westport, Connecticut, who are represented by Milberg Weiss Bershad & Schulman, are seeking unspecified damages...
Read on at Bloomberg.

-- MDT

Labels: , ,

0 Comments.
Post a Comment
10/31/2006
SarBox Opponents Readying Assault, SEC Chairman, Cox Gets Flack from Republican Brethern
And they've got friends at the top. Apparently the President is planning to "fine tune" (read: roll back) SarBox.

Meanwhile SEC Chair Chris Cox seems to feel SarBox has gone a long way towards creating an environment where corporations are coming clean voluntarily, noting that (Kobi Alexander notwithstanding) the SEC has seen unprecedented levels of cooperation in the recent stock option backdating scandal. Republican appointee, Cox, has even incurred the wrath of NRO which as you might image takes a hyperbolic dim view of Sarbanes Oxley.

If you care to voice your opinion, the SEC will be taking comments in December. But given that the nation's top securities regulator is itself under investigation for playing favorites when it comes to enforcement, look for them to remain aggressive well into the new year.

-- MDT

Labels: ,

0 Comments.
Post a Comment
10/27/2006
GAO Probing SEC on Conduct During Pequot Capital Investigation
You don't mess with the GAO. I love those guys.

As The Daily Caveat discussed earlier this week, whether or not the SEC gave preferential treatment to Pequot's Samberg and Morgan Stanley's Mack is quite the touchy subject. Fired SEC eforcement officer, Gary Aguirre certainly thought so and so does Senator Charles Grassley, whose requests prompted the GAO investigation. More details here.

-- MDT

Labels: , , , ,

0 Comments.
Post a Comment
10/22/2006
Pequot Capital / Morgan Stanley Influence Scandal Continues at SEC
It as been a while since we had an update on the insider trading allegations that continue to surround Morgan Stanley CEO, John Mack and hedge fund, Pequot Capital (details here). The SEC itself has been taking some heat relating to the case, due to the comments of former SEC enforcement officer, Gary Aguirre, who has asserted that he was disuaded (and ultimately fired by his bosses) when it came time to interview Mack.

Aguirre had named Mack as the key individual in tipping off Pequot founder and Mack personal friend Arthur Samburg regarding General Electric's acquisition of Heller Capital, the transaction to which the insider trading charges pertain. The heat on the SEC doesn't appear to have dissipated one iota, with the release of new documents detailing the process of the agency's investigation as well as their handling of Aguirre's departure. Very interesting reading.

Amongst the most disturbing revelations - Samburg uses emoticons in business correspondence. Six smiley faces? Egads.

-- MDT

Labels: , , , ,

0 Comments.
Post a Comment
8/16/2006
Senators Register Support for SEC Whistleblower in Pequot / Morgan Stanley Flap
Senators weigh in on behalf of SEC whistleblower, Gary Aguirre. Aguirre created quite a stir when he alleged that, as an SEC staff attorney, he was encouraged not to pursue an insider trading investigation involving Morgan Stanley CEO John Mack and his connections to hedge fund powerhouse, Pequot Captial. Aguirre was subsequently fired, which lead to the aforementioned whistleblowing.

Now two senators, Arlen Spector (who is increasingly finding his feisty) and Charles Grassley have sent a letter to the SEC on Aguirre's behalf, asking the commission to provide a full accounting of what went down. More on their request, here, via Marketwatch.

-- MDT

Labels: , , , ,

0 Comments.
Post a Comment
7/24/2006
Morgan Stanley Chief Exec Questioned in Pequot Capital Probe
Morgan Stanley Chief Executive Officer, John Mack remains at the center of insider trading allegations that continue to dog hedge fund, Pequot Capital Management. Former SEC Investigator Gary Aguirre has alleged that Mack was amongst the high-level personnel SEC officials dissuaded Aguirre from interviewing prior to his departure from the commission. Mack has been fingered by Aguirre as one who tipped off Pequot regarding General Electric's acquisition of Heller Capital. Prior to joining Morgan Stanley, Mack worked for Pequot briefly and is friends with Pequot founder, Arthur Samberg.

More here on Mack's date with the SEC and for more on Aguirre, try Wall Street Folly.

-- MDT

Labels: , , , , ,

0 Comments.
Post a Comment
5/11/2006
Morgan Stanley Facing $15 Million Penalty, Pending Florida Lawsuit
Via AllHeadlineNews.com:
SEC Lawsuit Against Morgan Stanley: $15 Million Penalty

Patricia Shehan
All Headline News Contributor
May 10, 2006

Washington D.C. (AHN) - A news release Wednesday announced that the U.S. Securities and Exchange Commission (SEC) has filed a civil injunction against Morgan Stanley and Co., Inc. for failure to produce e-mails in the tens of thousands during investigations dating from 2000 through 2005. The SEC alleged Morgan Stanley did not search diligently for the tapes or their back-up tapes. The SEC suit against Morgan Stanley calls for a $15 million penalty and required company reforms, subject to court approval. This law suit comes on the heels of another lawsuit being sought by a Florida law firm for $100 million in damages from the Wall Street firm filed the first week of May.
The original article appears here.

-- MDT

Labels:

0 Comments.
Post a Comment
4/06/2006
Hedge Fund Activism a Growing Trend?
In the EU as well as in the states, hedge funds with large investment stakes in companies are increasingly taking a strong hand in running the show, according to a recent Reuters article that speeks to alternative investment man in the know, Sid Shamnath of Titanium Capital. But this growing assertion og authority doesn't always lead to warm relations:

Via Reuters:
Hedge fund activism seen rising

April 6, 2006
Reuters

Powerful hedge fund investors will increasingly seek a bigger say in the running of companies they invest in, says Sid Shamnath, an investment manager for Titanium Capital. Shamnath, a manager of Titanium's Global Event Driven Arbitrage Fund, said on Wednesday some of the large hedge funds had less freedom than their smaller rivals to take and exit positions and so needed to take a longer term view of their investments, prompting greater interest in company strategy.

"Large funds, like those managing something like 4 billion dollars, need to take a longer-term view ... and need longer lock-up periods for investors," Shamnath said at the Reuters Hedge Funds and Private Equity Summit in London...

...Some relationships between companies and hedge funds have already turned sour. The Children's Investment Fund, for example, helped orchestrate the removal of Deutsche Boerse's chairman Rolf Breuer and chief executive Werner Seifert to register their disapproval of the Frankfurt bourse operator's attempt to buy the London Stock Exchange.

Brian Magnus, co-head of UK Investment Banking at Morgan Stanley, said shareholder activism was a "weathervane of the state and maturity of capital markets". "Shareholder activism had been confined to the UK alone until not very long ago. Now we're seeing it across Europe, in Germany, even Italy," Magnus told the Reuters Summit.
More here.

-- MDT

Labels:

0 Comments.
Post a Comment
2/23/2006
Morgan Stanley to Fork Over $15 Mill on Errant Emails
This Morgan Stanley settlement is the coda to one of the more interesting and contentious business litigation stories of last year, the feud between Morgan Stanley and billionaire Ron Perelman of Revlon.

The dust up started over allegations of accounting improprieties in the sale of the Perelman-owned Coleman Co. (which makes, among other things these very fine boots owned by The Daily Caveat) to Sunbeam. Perelman alledged in the ensuing litigation that Morgan Stanley played a roll in propping up Sunbeam's numbers in the course of the sale.

Perelman's compensated in the transaction included shares in Sunbeam and according to Perelman's case Morgan Stanley's actions cost him almost $1billion. Morgan Stanley claimed that it was unable to produce certain email communications that Perelman's counsel alledged were relevant to the case. The judge at the time was not amused.

Via Theregister.co.uk
Morgan Stanley offers $15m to make up for missing emails

By OUT-LAW.COM
February 22, 2006

Investment bank Morgan Stanley has offered to pay the Securities and Exchange Commission (SEC) $15m to settle an investigation by the regulator into an alleged failure by the firm to produce email evidence during a legal dispute.

According to an Annual Report filed by Morgan Stanley with the SEC earlier this month, the investment bank has reached "an agreement in principle" with the enforcement division of the SEC, but the settlement has not yet been presented to the full SEC...

...The investigations relate to the 1998 sale of Coleman Co, owned by billionaire Ronald Perelman, to Sunbeam Corp.
Check out the full article here. And for more on the Perelman / Sunbeam conflagration as well as Morgan Stanley's recent woes, check out our past coverage.

-- MDT

Labels:

0 Comments.
Post a Comment
10/13/2005
Wood River - Just Another Fishy Hedge Fund
So says Business Week, recounting the sad, sorry, now-familiar tale - a promise of returns combined too-good-to-be-true with too little due diligence. And it all ends in tears:
Another Fishy Hedge Fund

October 13, 2005
By Justin Hibbard and Adrienne Carter
Business Week

A mysterious money manager, nonstop hype, plunging returns, empty offices, and now an SEC probe -- the intrigue at Wood River deepens.

Ketchum, Idaho, is the kind of place where people tend to know each other. Close to the Sun Valley ski resort, the tony town of 3,873 boasts several Wall Street refugees who manage money for wealthy neighbors and clients elsewhere. Yet few residents say they know John Whittier, a 39-year-old money manager who moved to the area about five years ago and opened an office for his fledgling hedge-fund firm, Wood River Capital Management, named for the picturesque river that runs through Ketchum.

Locals describe Whittier as an absent-minded-professor type who drives a Lincoln Navigator and sometimes fetches his morning coffee from a Tully's café in his pajamas. Beyond that he keeps to himself, they say. Investors in Wood River's funds apparently didn't know much about Whittier, either. The ex-stock analyst at investment bank Donaldson, Lufkin & Jenrette presented himself as a savvy stock trader overseeing hundreds of millions of dollars for investors. Marketing materials for his flagship fund trumpet 25% returns in the first eight months of this year, a period when the stock market was basically flat.

But some investors got nervous and tried -- unsuccessfully -- to get their money back late last month when Whittier's big bet on an obscure Silicon Valley stock slumped badly, say investors' lawyers. The firm stopped answering its phone. Last week, Wood River's offices in downtown Ketchum were locked and apparently unoccupied. FedEx packages piled up outside next to strollers and a red wagon left by Whittier's two young children.

Wood River is now the subject of a preliminary investigation by the Securities & Exchange Commission -- the latest hedge-fund scandal that is sure to intensify calls for greater government oversight of these lightly regulated investment pools. Only two weeks ago the founders of collapsed Bayou Management, a hedge fund in Stamford, Conn., pled guilty to criminal fraud.

As in the Bayou affair, Wood River presented red flags that careful investors should have noticed. The firms Wood River's promoters named as its outside auditor and bookkeeper, for example, say flatly that they didn't provide those services to the hedge fund. Morgan Stanley (MWD ), listed in April as one of the hedge fund's two prime brokers, in fact was not, according to a person familiar with the matter...
This is just the start of quite the lengthy article and one well-worth reading. The full version can be found here, courtesy of BusinessWeek.com.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment
9/06/2005
Germany a Booming Market for Hedge Funds
Via the International Herald Tribune:
A boon for hedge funds

Bloomberg News
September 6, 2005

Lured by rising markets in Germany and expectations of economic reform after national elections this month, hedge funds now own almost a quarter of German company shares, according to research from Lehman Brothers. "My sense is that it's somewhere between 20 and 25 percent," said Christian Meissner, co-leader of investment banking at Lehman Brothers in Germany. He said that in the last year the figure had probably gained "around 5 percentage points."

Determining the share of the German market that is owned by hedge funds is difficult because much of the data are not published in Europe, Meissner said. Lehman based its estimate on examinations of trading flows and discussions with companies.

German companies are increasingly feeling the influence of shareholders like hedge funds. Werner Seifert was removed as chief executive of Deutsche Börse in May in part because of a campaign by hedge funds against his plan to buy the London Stock Exchange. And Fresenius Medical Care, a provider of dialysis products, last month amended a plan to convert preferred shares into common stock after Citadel Equity Fund and Och-Ziff Capital Management lobbied for the change.

But the growing involvement of hedge funds has provoked controversy in Germany, where some politicians have called short-term investors "locusts." "Hedge funds owning equities and engaging in shareholder activism is a good thing because they are driven by shareholder profit maximization," said Narayan Naik, director of the Center for Hedge Fund Research and Education at London Business School.

Jack Inglis, deputy head of European prime brokerage at Morgan Stanley in London, said rising markets had attracted hedge funds to Germany. "Hedge funds are committing more capital to equity markets in general as markets become more favorable," he said. "And Germany has been particularly favorable."
The original article appears here.

-- MDT

Labels:

0 Comments.
Post a Comment
8/17/2005
Merrill Lynch Settles with SEC in Prospectus Snafu
Via Newsday.com:
Merrill Lynch Settles on SEC Claim

By Hunter Douglas
Bloomberg News
August 16, 2005

Merrill Lynch & Co., the world's third-largest securities firm, agreed to pay $10 million to settle claims it failed to deliver prospectuses to investors, the New York Stock Exchange wrote in a statement yesterday. The fine, which Merrill disclosed in March, is the second-largest levied by the exchange. In December, Morgan Stanley paid $13 million to settle accusations that it also failed to deliver prospectuses, which are documents that explain the terms and goals of investments such as securities and mutual funds.

From October 2002 to March 2004, Merrill failed to deliver prospectuses in 64,000 transactions involving registered, open-ended mutual-fund securities, the exchange said. New York-based Merrill also failed to deliver documents for about 275 accounts involving auction-rate preferred stocks, retain certain e-mails and update employee information, the exchange said.

"The delivery of a prospectus to a potential investor is the foundation of investor protection," Richard Ketchum, chief regulatory officer for the exchange, wrote. "More than just a sales document, the prospectus talks about risks." Merrill didn't admit or deny the allegations, spokesman Mark Herr said. He said "coding problems" caused some investors not to receive prospectuses.
The original article appears here.

-- MDT

Labels:

0 Comments.
Post a Comment
8/03/2005
Morgan Stanley Pays $6 Million Settlement
Via CNN.com:
Morgan Stanley in $6.1M NASD settlement: Regulator says company did not adequately supervise its fee-based brokerage business.

August 2, 2005
Reuters

WASHINGTON - Brokerages regulator NASD said Tuesday that it fined Wall Street investment bank Morgan Stanley $1.5 million for failing to adequately supervise its fee-based brokerage business.

Morgan Stanley also was ordered to pay $4.6 million in restitution to more than 3,500 customers, NASD said. The case involved fee-based accounts, an alternative to traditional commission-based brokerage accounts, NASD said...
Full article appears here.

-- MDT

Labels:

0 Comments.
Post a Comment


all content © Michael D. Thomas 2010