Manhattan Investment Fund was a hedge fund managed by Michael Berger, who pursued an investment strategy of betting against US stocks that appeared to be overvalued. During the stock market bubble of the late 1990s, this strategy led to about $400 million in losses on IT related products. Berger hid the losses from the investors in the fund for more than three years. [1] This resulted in criminal charges against Berger for securities fraud. [2]
In finance, an investment strategy is a set of rules, behaviors or procedures, designed to guide an investor's selection of an investment portfolio. Individuals have different profit objectives, and their individual skills make different tactics and strategies appropriate. Some choices involve a tradeoff between risk and return. Most investors fall somewhere in between, accepting some risk for the expectation of higher returns.
The Manhattan Investment Fund fraud resembled the Madoff fraud in certain respects. In both cases regulators failed to catch the fraud. The broker-dealer, a heavily regulated firm, enabled Berger to mislead his clients and the fund's administrator and auditor. [3]
After Bear Stearns, the fund's prime broker, complained to the Securities and Exchange Commission, the fund was shot down and a court-appointed trustee, Helen Gredd, was given control of the remaining assets. [4] The lawsuits from the fraud lasted many years, including a case by the trustee against Bear Stearns.
The Bear Stearns Companies, Inc. was a New York-based global investment bank, securities trading and brokerage firm that failed in 2008 as part of the global financial crisis and recession, and was subsequently sold to JPMorgan Chase. Its main business areas before its failure were capital markets, investment banking, wealth management, and global clearing services, and it was heavily involved in the subprime mortgage crisis.
Berger was charged with fraud, but he jumped bail and did not show up at the New York court where he was to be sentenced. After five years as a fugitive, he was arrested in Austria. [5] As an Austrian citizen he was not extradited to the US, where he would have faced a 6 1⁄2-year term for the fraud and another five years for jumping bail. He was in prison for almost two years in Austria.
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law, a criminal law, or it may cause no loss of money, property or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements.
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they comply with the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
A fugitive is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also known as a wanted person, can be a person who is either convicted or accused of a crime and hiding from law enforcement in the state or taking refuge in a different country in order to avoid arrest.
The mutual fund scandal of 2003 was the result of the discovery of illegal late trading and market timing practices on the part of certain hedge fund and mutual fund companies.
Prime brokerage is the generic name for a bundled package of services offered by investment banks, wealth management firms, and securities dealers to hedge funds which need the ability to borrow securities and cash in order to be able to invest on a netted basis and achieve an absolute return. The prime broker provides a centralized securities clearing facility for the hedge fund so the hedge fund's collateral requirements are netted across all deals handled by the prime broker. These two features are advantageous to their clients.
Front running, also known as tailgating, is the prohibited practice of entering into an equity (stock) trade, option, futures contract, derivative, or security-based swap to capitalize on advance, nonpublic knowledge of a large pending transaction that will influence the price of the underlying security. Front running is considered a form of market manipulation in many markets. Cases typically involve individual brokers or brokerage firms trading stock in and out of undisclosed, unmonitored accounts of relatives or confederates. Institutional and individual investors may also commit a front running violation when they are privy to inside information. A front running firm either buys for its own account before filling customer buy orders that drive up the price, or sells for its own account before filling customer sell orders that drive down the price. Front running is prohibited since the front-runner profits from nonpublic information, at the expense of its own customers, the block trade, or the public market.
Securities fraud, also known as stock fraud and investment fraud, is a deceptive practice in the stock or commodities markets that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of securities laws.
Refco was a New York-based financial services company, primarily known as a broker of commodities and futures contracts. It was founded in 1969 by Raymond Earl Friedman as Ray E. Friedman and Co. Prior to its collapse in October, 2005, the firm had over $4 billion in approximately 200,000 customer accounts, and it was the largest broker on the Chicago Mercantile Exchange. The firm's balance sheet at the time of the collapse showed about $75 billion in assets and a roughly equal amount in liabilities. Though these filings have since been disowned by the company, they are probably roughly accurate in showing the firm's level of leverage.
Och-Ziff Capital Management Group is an American hedge fund manager and global alternative asset management firm. The firm operates multiple investment strategies, including multi-strategy, credit, real estate and energy. It has nearly 500 employees worldwide including offices in New York City, London, founded in 1998, Hong Kong, founded in 2001, Mumbai, founded in 2005, Beijing, founded in 2007 and Houston founded in 2015.
Marc Stuart Dreier is a former American lawyer who was sentenced to 20 years in federal prison in 2009 for committing investment fraud using a Ponzi scheme. He is scheduled to be released from FCI Sandstone on October 26, 2026. On May 11, 2009, he pleaded guilty in the United States District Court for the Southern District of New York to eight charges of fraud, which included one count of conspiracy to commit securities fraud and wire fraud, one count of money laundering, one count of securities fraud, and five counts of wire fraud in a scheme to sell more than $950 million in fictitious promissory notes. Civil charges, filed in December 2008 by the U.S. Securities and Exchange Commission, are pending. The 2011 documentary Unraveled states that "Drier stole over $740 million from 4 clients, 4 individuals, and 13 hedge funds".
Nicholas Cosmo is an American former businessman and white collar criminal. He was arrested January 26, 2009 on charges of an estimated $370–413 million Ponzi scheme. Cosmo conducted the scheme using his company Agape World Inc. in Hauppauge, New York, which claimed to make its profits via commercial bridge lending. Authorities arrested him in Hicksville, New York.
Raj Rajaratnam is a Sri Lankan-American former hedge fund manager and founder of the Galleon Group, a New York-based hedge fund management firm. On October 16, 2009, he was arrested by the FBI for insider trading, which also caused the Galleon Group to fold. He stood trial in U.S. v Rajaratnam in the United States District Court for the Southern District of New York, and on May 11, 2011 was found guilty on all 14 counts of conspiracy and securities fraud. On October 13, 2011, Rajaratnam was sentenced to 11 years in prison and fined a criminal and civil penalty of over $150 million combined.
The Madoff investment scandal was a major case of stock and securities fraud discovered in late 2008. In December of that year, Bernard Madoff, the former NASDAQ Chairman and founder of the Wall Street firm Bernard L. Madoff Investment Securities LLC, admitted that the wealth management arm of his business was an elaborate Ponzi scheme.
There have been attempts for the recovery of funds from the Madoff investment scandal. As of October 2018, the Madoff Trustee, Irving Picard, reported recoveries and settlement agreements of $13.294 billion, of which $11.275 billion had been distributed or committed to victims of Bernard Madoff.
The United States of America v. Jerome O'Hara and George Perez is a federal court case for the ongoing trial of Jerome O'Hara and George Perez, two computer programmers who previously worked for Bernard L. Madoff Investment Securities LLC (BLMIS) until the arrest of the company's chairman, Bernard Madoff, on December 11, 2008.
Cormac Kinney is an entrepreneur and software designer. Inventor of Heatmaps, institutional trading systems, quantitative news analysis for trading, a publisher social network, and wireless diamond technology. His innovations have been cited in over 4,000 US Patents.
SAC Capital Advisors was a group of hedge funds founded by Steven A. Cohen in 1992. The firm employed approximately 800 people in 2010 across its offices located in Stamford, Connecticut and New York City, and various international satellite offices, but reportedly lost many of its traders in the wake of various investigations by the Securities and Exchange Commission (SEC). In 2010, the SEC opened an insider trading investigation of SAC and in 2013 several former employees were indicted by the U.S. Department of Justice. In November 2013, the firm itself pleaded guilty to insider trading charges and paid $1.2 billion in penalties, although no formal charges have been filed against Cohen himself. The firm has shrunk after returning the vast majority of its outside investor capital. Point72 Asset Management was established as a separate family office in 2014. SAC ceased to exist as a separate entity in 2016.
Brian Kim is a former hedge fund manager. He founded the now-defunct Liquid Capital Management LLC, which focused on futures trading.
Andrew W.W. Caspersen is an American financier and formerly a partner and managing director at PJT Partners Inc.'s Park Hill Group.
Mark (Meir) Nordlicht is the founder and former chief investment officer of Platinum Partners, a U.S. based hedge fund.