The criminal indictment and civil lawsuits brought against SAC Capital
Advisors and related companies did not name billionaire Steven A. Cohen as a
defendant, referencing him only as the "SAC owner" who "enabled and promoted"
insider trading practices.
At a news conference, U.S. Attorney Preet Bharara said SAC "trafficked in
inside information on a scale without any known precedent in the history of
hedge funds."
He declined to comment on whether Cohen would be charged, saying: "I'm not
going to say what tomorrow may or may not bring."
For more than a decade, the company earned hundreds of millions of dollars
illegally as its portfolio managers and analysts traded on inside information
from at least 20 public companies, Bharara said, announcing charges of wire
fraud and four counts of securities fraud spanning 1999 to 2010. A court
appearance for the firm's lawyers was scheduled for Friday.
The possibility that the criminal case could topple the Stamford, Conn.,
firm, which once managed $15 billion in assets, led the prosecutor to note that
the government was not seeking to freeze SAC's assets. Bharara added that
prosecutors were "mindful to minimize risk to third-party investors."
In a statement, SAC Capital welcomed the prosecutor's assurances and said it
had been advised by prosecutors that "their action is not intended to affect the
ongoing operations of SAC's business, prevent investor redemptions or impact the
interests of any of SAC's counterparties."
The company said it expected to agree with the government on a protective
order that would "permit SAC to continue its operations in the ordinary
course."
Still, the government in one lawsuit sought SAC's forfeiture of "any and all"
assets.
The charges came less than a week after federal regulators accused Cohen in a
related civil case of failing to prevent insider trading at the firm. While the
Justice Department's action targets SAC but not Cohen directly, the civil case
brought by the Securities and Exchange Commission seeks to effectively shut him
down by barring him from managing investor funds.
In its statement, SAC Capital said Thursday it "has never encouraged,
promoted or tolerated insider trading and takes its compliance and management
obligations seriously."
It added: "The handful of men who admit they broke the law does not reflect
the honesty, integrity and character of the thousands of men and women who have
worked at SAC over the past 21 years. SAC will continue to operate as we work
through these matters."
A lawyer for Cohen did not immediately respond to a message for comment. Last
week, an SAC Capital spokesman said "Steve Cohen acted appropriately at all
times."
In a statement, FBI Assistant Director George Venizelos said: "SAC Capital
and its management fostered a culture of permissiveness. SAC not only tolerated
cheating, it encouraged it."
Bharara also announced that Richard Lee, a former SAC portfolio manager
responsible for a $1.25 billion "special situations" fund, pleaded guilty
Tuesday to conspiracy and securities fraud charges. Lee had worked for SAC in
Manhattan from April 2009 through June 2011 and later at its Chicago office.
In court papers, the government was critical of Cohen, saying he purposely
hired portfolio managers and analysts who knew employees of public companies
likely to possess inside information and "enabled and promoted the insider
trading scheme by ignoring indications that trading recommendations were based
on inside information."
It said Cohen fostered "a culture that focused on not discussing inside
information too openly, rather than not seeking or trading on such information
in the first place."
SAC's "relentless pursuit of an information 'edge' fostered a business
culture within SAC in which there was no meaningful commitment to ensure that
such 'edge' came from legitimate research and not inside information," the
criminal charges said.
The government also faulted the company's compliance department, saying its
investigations were weak, with a focus on "confirming" that any employee's email
implying access to inside information was merely poorly drafted.
The government said the department had identified only a single instance of
suspected insider trading by its employees in its history even though former
employees had pleaded guilty to insider trading.
Venizelos, head of the FBI's New York office, called the company's compliance
department "the embodiment of the phrase, 'See no evil. Hear no evil. Speak no
evil.'"
Barry Boss, a criminal defense lawyer in Washington, said the government's
frequent references to Cohen in court papers were a way for prosecutors to cast
aspersions of guilt without providing due process.
"Given a choice between being besmirched in the indictment and being named in
the indictment, I think somebody would take besmirched every day," he said.
SAC Capital has been at the center of one of the biggest insider-trading
fraud cases in history. Four employees have already been criminally charged with
insider trading, and two of them have pleaded guilty. And an SAC affiliate has
agreed to pay $615 million to settle SEC charges.
Cohen, who lives in Greenwich, Conn., is one of the highest profile figures
in American finance and one of the richest men in America. He is among the
handful of upper-tier hedge fund managers on Wall Street who pull in about $1
billion a year in compensation.
An SAC portfolio manager, Mathew Martoma, has pleaded not guilty to
insider-trading charges accusing him of earning $9 million in bonuses after
persuading a medical professor to leak secret data from an Alzheimer's disease
trial between 2006 and 2008.
Even in the high-flying hedge fund world, SAC Capital stands out for its
mammoth returns. Meanwhile, Cohen became one of the highest-profile figures in
U.S. finance and the 40th-richest American, with a net worth of $8.8 billion,
according to Forbes. Of the roughly $15 billion in assets that SAC Capital
managed as of earlier this year, about half belonged to Cohen and his employees
and half was client money.
In the past, the Justice Department has been wary of bringing criminal
prosecutions against entire organizations out of fear of the collateral damage —
that going further than fining a company could kill a business. The accounting
firm Arthur Andersen went under after it was convicted in 2002 of destroying
Enron-related documents before the energy giant's collapse — an outcome that
cost tens of thousands of jobs.
There are already reports that SAC's clients are pulling their money from the
firm. It's not always an easy process: Clients usually have to give notice of at
least 30 days. Hedge funds also can write into their contracts that they'll deny
withdrawal requests if too many clients want to pull out money at the same
time.
Hedge funds typically consist of wealthy individuals and institutional
investors attracted to the ability to both bet against and for different markets
and stocks, giving themselves a "hedge" to do well in both good economies and
bad. Most people never directly invest in a hedge fund, though the directors who
manage their mutual fund, pension or college's endowment might.
In the face of mounting legal woes, Cohen has kept up his philanthropic
efforts. The Steven and Alexandra Cohen Foundation, named for Cohen and his
wife, recently helped sponsor a $10,000-per-table poker tournament in Manhattan
that raised money for an education advocacy group.
___
Associated Press writers Christina Rexrode in New York and Marcy Gordon in
Washington contributed to this report.
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