Assistant U.S. Attorney Antonia Apps told a federal judge in Manhattan that
investigators had "voluminous" evidence against SAC Capital Advisors, a
Stamford, Conn.-based firm owned by billionaire Steven A. Cohen.
She said the evidence included "electronic messages, instant messages,
court-ordered wiretaps and consensual recordings."
The plea was entered by Peter Nussbaum, SAC's longtime general counsel, and
came a day after the company was charged with wire and securities fraud, accused
of making hundreds of millions of dollars illegally. Federal prosecutors
described a culture at SAC that permitted, if not encouraged, insider
trading.
Prosecutors said the victims were large companies whose inside information
was stolen and traded upon. The next hearing was set for Sept. 24.
Outside court, lawyers for the company including Nussbaum declined to comment
and paced on a sidewalk looking for cars to pick them up as the media
followed.
SAC said in a statement after the charges were announced Thursday that it
will continue normal operations. It said it "has never encouraged, promoted or
tolerated insider trading and takes its compliance and management obligations
seriously." The company declined through a spokesman to comment Friday.
Cohen has not been charged and was not in court Friday. He is referenced in
court papers only as the "SAC owner" who "enabled and promoted" insider trading
practices.
At a news conference Thursday, U.S. Attorney Preet Bharara said SAC
"trafficked in inside information on a scale without any known precedent in the
history of hedge funds."
"When so many people from a single hedge fund have engaged in insider
trading, it is not a coincidence," the prosecutor said. "It is, instead, the
predictable product of substantial and pervasive institutional failure."
He declined to comment on whether Cohen would be charged, saying: "I'm not
going to say what tomorrow may or may not bring."
From 1999 to 2010, 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.
The possibility that the criminal case could topple the 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."
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.
___
Associated Press writers Christina Rexrode in New York and Marcy Gordon in
Washington contributed to this report.
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