Surely the most hilarious possible defense to charges that Steve Cohen “failed to supervise” his traders is that he couldn’t have failed to supervise his traders because he was too busy ignoring everything they said and did. So what a delight to learn that SAC has chosen exactly that defense: Read more »
Steve Cohen Was Serious About Stopping Insider Trading Unless It Occurred In The 89% Of Emails He Didn’t ReadBy Matt Levine
SEC Commissioners May Not Agree On What To Order For Lunch, But They’re Unanimous Re: Wanting Steve Cohen’s Ass On A Cake Stand For DessertBy Bess Levin
In case that was unclear. Read more »
Sources: Steve Cohen Wasn’t Completely Enamored With Attempts To Ban Him From Managing Client Money For LifeBy Bess Levin
The SEC’s tack angered the SAC chief, the people close to the firm said. The billionaire hedge-fund manager has been discussing plans to move forward with his business, even as the government has stepped up its scrutiny…Even so, Mr. Cohen has said privately that he believes he can raise new money from wealthy individuals, the people said. While institutions have pulled money, some wealthy individual SAC clients have stuck by the firm, according to people with knowledge of the matter. [WSJ]
SAC Capital Accuses Securities and Exchange Commission Of Failing To Understand The Meaning Of ‘Exceptional Supervisory Structure’By Bess Levin
Sayeth SAC: Read more »
SEC Changes Its Mind About Deal With Phil Falcone That Included “Go Ahead And Keep Committing Fraud” ProvisionBy Matt Levine
The Securities and Exchange Commission overruled its own enforcement division’s decision to settle a civil case with the high-flying money manager Philip A. Falcone and his flagship hedge fund, a rare reversal that signals a broader crackdown by the agency. … While the deal also included at least a two-year ban from raising new capital, a potential death knell to a hedge fund manager, that punishment came with a number of caveats. And in a a moral victory for Mr. Falcone, the deal also omitted a common provision that prohibits defendants from committing future violations with fraudulent intent.
Apparently SEC Chairman Mary Jo White killed the deal:
White, a former Wall Street defense lawyer, and Democrats Luis A. Aguilar and Elisse B. Walter, in a 3-to-1 vote, were concerned that Falcone wasn’t barred from serving as officer or director of a public company, said the people, asking not to be named because the deliberations aren’t public. The SEC informed Falcone’s Harbinger Capital Partners LLC of the decision yesterday, according to a filing from Harbinger Group Inc.1
Man it’s hard to be the SEC. Presumably they employ a lot of people who do, like, actual work. Read more »
The decision to call former Goldman saleswoman Gail Kreitman out of order comes a day after a combative back and forth between the SEC and one of its top witnesses: Paolo Pellegrini, a former lieutenant to billionaire hedge-fund manager John Paulson. Her testimony is important because she may be the first witness to link Mr. Tourre to statements made to ACA Financial Guaranty Corp., which acted as the portfolio-selection agent on the transaction. The SEC has alleged that Mr. Tourre hid from ACA that Mr. Paulson’s hedge fund, Paulson & Co., planned to bet against the deal. As part of her testimony, the SEC is expected to play a tape recorded by ACA’s phone system in which Ms. Kreitman reportedly says that Paulson was taking a “hundred percent of the equity” in the deal, implying it was betting the instrument’s value would rise, not fall…Matthew Martens, a SEC lawyer, said Thursday that the regulator decided to change the order of its witnesses in an effort to speed the presentation of its case. The SEC is considering limiting the testimony of or not calling at all David Gerst, one of Mr. Tourre’s closest colleagues at Goldman, Mr. Martens said. Mr. Gerst had been expected to testify as early as Thursday. The late notice didn’t make the defense happy: they said the parties had reached a handshake agreement to give the other side 48 hours notice before a witness was called. [WSJ]
Guy Who Spent All Of 2007 Telling People He Was Short Housing Vaguely Remembers Telling Someone He Was Short HousingBy Matt Levine
In testimony Wednesday, Paolo Pellegrini, the former Paulson & Co managing director, said he made clear to ACA Capital Holdings Inc that Paulson wanted to bet against the deal.
“As I told all collateral selection agents, we were interested in shorting a CDO, shorting subprime securities in a CDO,” said Pellegrini, one of the architects of hedge fund manager John Paulson’s bet against subprime mortgages in 2006 and 2007. …
Pellegrini, one of two people who worked on Paulson’s strategy to take the stand so far, testified Wednesday he believed he told the principal employee at ACA working on Abacus, Laura Schwartz, about Paulson’s strategy over drinks during a “shindig” for people in the CDO industry.
“I think there was some discussion of the portfolio and what we were trying to accomplish by shorting the market,” he said.