Reebok insider trading case

Last updated

The Reebok insider trading case was an insider trading scheme that took place in 2004 and 2005 and involved tips from a Merrill Lynch investment banker, confidential information from Business Week and a grand juror, and trades by individuals in both the United States and Europe. [1] [2] The trades were largely orchestrated by David Pajčin, an ex-Goldman Sachs trader who was subsequently ordered to pay nearly $28 million in fines and judgments by the SEC. [3]

Contents

Background

David Pajčin was a Croatian trader who met Eugene Plotkin when both were employees of the investment bank Goldman Sachs. [4] In 2004, Plotkin introduced Pajčin to his friend Stanislav Shpigelman, a Merrill Lynch investment banker, at a Russian day spa in lower Manhattan. [5] Pajčin knew Jason Smith, a postal worker, from high school and was romantically involved with Monika Vujovic, also a Croatian immigrant who worked as an exotic dancer. [6]

Schemes

Shpigelman provided Pajčin and Plotkin with tips on upcoming mergers and acquisitions in return for payoffs. [7] The largest trades that netted the vast majority of the case's profits stemmed from a single tip from Shpigelman about the upcoming acquisition of Reebok by Adidas-Salomon AG.

In addition to trading on tips from Shpigelman, Pajčin also traded on confidential information from Jason Smith, his high school friend, who was serving on a grand jury, [8] and on non-public information from advance copies of Business Week provided by warehouse workers Nickolaus Shuster and Juan Renteria, who were paid by Pajčin and Plotkin for that information. [9]

Pajčin placed trades in his own account and in the accounts of his aunt, Sonja Antičević, and his girlfriend, Monika Vujovic, based on these tips. In addition, a number of other individuals, most of them Croatian nationals, placed trades based on tips received by Pajčin and Plotkin from their inside sources. [10]

Investigation

The investigation of Pajčin began after regulators at the U.S. Securities and Exchange Commission noticed suspicious timing and unusually high trading volume before a corporate acquisition announcement. Pajčin's aunt, Sonja Antičević, a 63-year-old retired tailor from Omiš, Croatia who was living on a pension of about $263 a month and occasionally working as a cleaning lady, was found to have bought $130,000 of Reebok call options in the 2 days before Reebok was taken over by Adidas-Salomon AG and captured a profit of more than $2 million on that investment. She subsequently told reporters that she "never bought a stock" and had "no idea how that works." [11] [12] [13]

In total, 8,675 Reebok options were traded on the two days before the merger announcement, more than 50 times the usual amount. [14] The SEC discovered that a number of accounts involved in trading Reebok options over those two days had made other parallel trades over the prior months. This included accounts belonging to Monika Vujovic and several other Croatian nationals. [15] Pajčin was arrested and began to cooperate with federal prosecutors. [16]

Aftermath and sentencing

Pajčin was arrested in 2005 and cooperated with the government. Subsequently, all of his co-conspirators were arrested in 2006. After pleading guilty to charges in the case in 2008, Pajčin was sentenced to time served. [17] Several months after his release, Pajčin broke the terms of his probation and fled the United States. [18] A warrant was issued for his arrest in April 2008. In 2010, Pajčin was ordered to pay a $7.7 million default judgment and $20.8 million in fines to the SEC. [19]

Related Research Articles

<span class="mw-page-title-main">Insider trading</span> Public company stock or securities trading using nonpublic information

Insider trading is the trading of a public company's stock or other securities based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider information are illegal. This is because it is seen as unfair to other investors who do not have access to the information, as the investor with insider information could potentially make larger profits than a typical investor could make. The rules governing insider trading are complex and vary significantly from country to country. The extent of enforcement also varies from one country to another. The definition of insider in one jurisdiction can be broad and may cover not only insiders themselves but also any persons related to them, such as brokers, associates, and even family members. A person who becomes aware of non-public information and trades on that basis may be guilty of a crime.

The 2003 mutual fund scandal 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.

<span class="mw-page-title-main">Dennis Levine</span>

Dennis B. Levine is a corporate consultant and former investment banker. He was a managing director at the investment banking firm Drexel Burnham Lambert in the 1980s. Levine was one of the first of several high-profile insider trading defendants in the Wall Street insider trading investigations of the mid-1980s. As a result of the investigation by and subsequent proceedings, Levine pleaded guilty.

<span class="mw-page-title-main">Rajat Gupta</span> Indian-American businessman

Rajat Kumar Gupta is an Indian-American businessman and convicted felon who, as CEO, was the first foreign-born managing director of management consultancy firm McKinsey & Company from 1994 to 2003. In 2012, he was convicted for insider trading and spent two years in prison. Gupta was a board member of corporations including Goldman Sachs, Procter & Gamble and American Airlines, as well as an advisor to non-profit organizations such as the Bill & Melinda Gates Foundation and The Global Fund to Fight AIDS, Tuberculosis and Malaria. He is the co-founder of the Indian School of Business, American India Foundation, New Silk Route and Scandent Solutions.

Equity Funding Corporation of America was a Los Angeles-based U.S. financial conglomerate that marketed a package of mutual funds and life insurance to private individuals in the 1960s and 70s. It collapsed in scandal in 1973 after former employee Ronald Secrist and securities analyst Ray Dirks blew the whistle on massive accounting fraud, including a computer system dedicated exclusively to creating and maintaining fictitious insurance policies. Investigation found that from 1964 onward, as many as 100 company employees had engaged in organized deception of investors, auditors, reinsurers and regulatory authorities.

Jed Saul Rakoff is a senior United States district judge of the United States District Court for the Southern District of New York.

The trial of Kenneth Lay, former chairman and CEO of Enron, and Jeffrey Skilling, former CEO and COO, was presided over by federal district court Judge Sim Lake in 2006 in response to the Enron scandal.

A U.S. Securities and Exchange Commission and U.S. Attorney probe of trading in the shares of ImClone Systems resulted in a widely publicized criminal case, which resulted in prison terms for businesswoman and television personality Martha Stewart, ImClone CEO Samuel D. Waksal and Stewart's broker at Merrill Lynch, Peter Bacanovic.

Robert Foster Winans is a former columnist for The Wall Street Journal who co-wrote the "Heard on the Street" column from 1982 to 1984 and was convicted of insider trading and mail fraud. He was indicted by then-U.S. Attorney Rudolph Giuliani and convicted in 1985 of violating Federal law by leaking advance word of the contents of his columns to a stockbroker, Peter N. Brant, at Kidder, Peabody & Co., an old-line brokerage firm. Brant was decades later labeled a recidivist by the U.S. Securities and Exchange Commission. Winans' conviction for violating securities law was affirmed by the U.S. Supreme Court in 1987 as Carpenter v. United States (1987) by a rare 4–4 deadlocked vote. However, the Supreme Court unanimously affirmed his convictions for committing federal mail and wire fraud. He served nine months in federal prison.

Sniffex and Sniffex Plus are fraudulent explosive detection systems produced by Homeland Safety International.

The mosaic theory in finance involves the use of security analyst personnel to gather information about a company or corporation to evaluate and determine its financial stability. In addition to public information available to all investors, securities analysts also have access to non-public information which the vast majority of investors do not possess. Trading based on such non-public information can be considered illegal if the information is also material, as defined by insider trading laws.

<span class="mw-page-title-main">Raj Rajaratnam</span> American investments manager

Rajakumaran Rajaratnam is a Sri Lankan-American former hedge fund manager and founder of the Galleon Group, a New York-based hedge fund management firm.

<span class="mw-page-title-main">Galleon Group</span>

The Galleon Group was one of the largest hedge fund management firms in the world, managing over $7 billion, before closing in October 2009. The firm was the center of a 2009 insider trading scandal which subsequently led to its fall.

The Raj Rajaratnam/Galleon Group, Anil Kumar, and Rajat Gupta insider trading cases are parallel and related civil and criminal actions by the U.S. Securities and Exchange Commission and the United States Department of Justice against three friends and business partners: Galleon Group hedge fund founder-owner Raj Rajaratnam and former McKinsey & Company senior executives Anil Kumar and Rajat Gupta. In these proceedings, the men were confronted with insider trading charges: Rajaratnam was convicted, Kumar pleaded guilty and testified as key witness in the criminal trials of Rajaratnam and Gupta, and Gupta was convicted in United States District Court for the Southern District of New York in Manhattan in June 2012.

Robert M. Freeman is an American stock broker and convicted felon who was a Goldman, Sachs & Co. partner. Freeman admitted to trading on inside information and pled guilty to mail fraud in 1989.

<span class="mw-page-title-main">S.A.C. Capital Advisors</span> Group of hedge funds

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 offices. It 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. The firm shrank 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.

<span class="mw-page-title-main">Goldman Sachs controversies</span>

Goldman Sachs controversies are the controversies surrounding the American multinational investment bank Goldman Sachs. The bank and its activities have generated substantial controversy and legal issues around the world and is the subject of speculation about its involvement in global finance and politics. In a widely publicized story in Rolling Stone, Matt Taibbi characterized Goldman Sachs as a "great vampire squid" sucking money instead of blood, allegedly engineering "every major market manipulation since the Great Depression."

Joseph F. “Chip” Skowron III is an American former hedge fund co-portfolio manager of FrontPoint Partners LLC's health care funds. He was convicted of insider trading, for which he served five years in prison. He was also required to repay his hedge fund employer $32 million it had paid him in compensation, because he had been a “faithless servant.”

Mismarking in securities valuation takes place when the value that is assigned to securities does not reflect what the securities are actually worth, due to intentional fraudulent mispricing. Mismarking misleads investors and fund executives about how much the securities in a securities portfolio managed by a trader are worth, and thus misrepresents performance. When a trader engages in mismarking, it allows him to obtain a higher bonus from the financial firm for which he works, where his bonus is calculated by the performance of the securities portfolio that he is managing.

References

  1. Press Release (11 April 2006). "SEC Complaint Charges International Insider Trading Ring, Including Personnel at Goldman Sachs and Merrill Lynch". Washington, DC: Securities and Exchange Commission . Retrieved 27 February 2012.
  2. Anderson, Jenny; Michael De La Merced (April 30, 2006). "An Insider-Trading Case With a B-Movie Plot". The New York Times . Retrieved July 14, 2013..
  3. Stempel, Jonathan (June 3, 2010). "Ex-Goldman Analyst Who Fled Must Pay $27.8 Mln". Reuters . Retrieved April 13, 2013.
  4. Gimbel, Barney (October 4, 2006). "Partners in Crime". Fortune . Retrieved April 13, 2013.
  5. Masters, Brooke (April 12, 2006). "3 Accused of Running Big Inside Trading Scheme". The Washington Post . Retrieved April 13, 2013.
  6. Farrell, Greg (May 11, 2006). "Juror Accused of Inside Trading". USA Today . Retrieved April 13, 2013.
  7. Siegel, Aaron (February 27, 2007). "Analyst Flattered, Intimidated Into Plot". Investment News . Retrieved April 13, 2013.
  8. "Postal Worker Charged in Trading Scam". February 11, 2009.
  9. Anderson, Jenny (April 12, 2006). "2 Wall Street Employees Charged With Insider Trading". The New York Times . Retrieved April 13, 2013.
  10. Anderson, Jenny (April 15, 2006). "Seamstress Clue Unravelled $9M Wall Street Fraud". Sydney Morning Herald . Retrieved April 13, 2013.
  11. Abelson, Jenn (August 6, 2005). "US Freezes Reebok Investor's $2M Profit". Boston Globe . Retrieved April 13, 2013.
  12. Noon, Chris (August 8, 2005). "Croatian Retiree Denies Trading in Reebok". Forbes . Retrieved April 13, 2013.
  13. "Mystery Of Cleaner Who Cashed In On Reebok". August 9, 2005. Retrieved April 13, 2013.
  14. "SEC Charges 8 More In Reebok Trading Case". August 19, 2006. Retrieved April 13, 2013.[ permanent dead link ]
  15. Shell, Adam (August 18, 2005). "Eight More Charged In Reebok Case". USA Today . Retrieved April 13, 2013.
  16. "2 Arrested on Charges of Insider Trading". The New York Times . April 11, 2006. Retrieved April 13, 2013.
  17. Bansal, Paritosh (January 18, 2008). "No Further Jail Time For Ex-Analyst In Trading Case". Reuters . Retrieved April 13, 2013.
  18. De La Merced, Michael (November 4, 2008). "Insider-Trading Mastermind May Have Fled U.S." The New York Times . Retrieved April 13, 2013.
  19. Stempel, Jonathan (June 3, 2010). "Ex-Goldman Analyst Who Fled Must Pay $27.8 Mln". Reuters . Retrieved April 13, 2013.
  20. "Inside Trader Sentenced to 57 Months". January 4, 2008.
  21. "Ex-Merrill Analyst Sentenced". Boston Globe . January 6, 2007. Retrieved April 13, 2013.
  22. "Postal Worker Sentenced in Insider Trading Case". The New York Times . December 12, 2006.
  23. "Business Week Printing Plant Employee Nickolaus Shuster Pleads Guilty to Fraud". Media Life Magazine . October 24, 2006. Retrieved April 13, 2013.
  24. Neumeister, Larry (July 11, 2008). "Forklift Operator Won't Go To Prison for Insider Trading". Observer Today . Archived from the original on September 16, 2014. Retrieved April 13, 2013.