July 10, 2007

Former Trautman Wasserman Executive is Latest to be Fined in Widespread Late Trading Scandal

The former chief administrative officer of Trautman Wasserman & Co. Inc. agreed to pay a $50,000 fine to settle SEC administrative charges he helped facilitate a scheme to engage in late-trading in mutual funds shares on behalf of certain favored customers and for the firm's own account.

The man who once served as TWCO’s "de facto chief compliance officer" consented, without either admitting or denying wrongdoing, to be barred from the securities industry, cease and desist from future violations and cooperate in the SEC’s investigation.

Earlier this year, the SEC charged the executive, TWCO and five of its other officials over their alleged roles in the scheme. The SEC claims included that he and two others he supervised thwarted efforts by mutual fund companies to curtail excessive timing.

According to the SEC, the three used various means to conceal from the fund companies the identities of the firm's market timing customers as well as the involvement of two TWCO brokers who were "widely known" to work with market timers.

Shepherd Smith and Edwards represents individuals and institutions with claims against investment firms. If you or your firm are the victim of misconduct by members of the securities industry, hiring an experienced law firm can increase your chances of recovery. Contact us to arrange a free consultation with one of our attorneys.

Related Web Resource:

In re Trautman Wasserman & Co. Inc., SEC, Admin. Proc. File No. 3-12559, 6/29/07

Text of SEC's Order

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July 3, 2007

U.S. Treasury Official Brags of Close Ties to Wall Street in Advancing Support of the “Race to the Bottom” in Compliance Laws

The U.S. Treasury Secretary announced the second stage of its “capital markets competitiveness plan” devoted to efforts to “modernize the structure” of the regulatory system for all U.S. financial services providers. The announcement was made before the New York Stock Exchange’s conference on deals and deal-making, hosted by the Wall Street Journal.

As the securities industry is rapidly being globalized, Wall Street insists it can not compete with loose regulations elsewhere in the world unless U.S. standards for reporting, fraud and other wrongdoing are relaxed. Frenzied cries to federal and state officials hype this theme as if the “sky is falling.” Meanwhile, Republicans and Democrats, including candidates for both state and federal office, are taking the bait. Or, perhaps, these candidates know that many of the largest campaign donors around are found on Wall Street.

The fear mongering about losing the battle for listing shares has even invaded the courts as observers, including the SEC, lobby even the U.S. Supreme Court, stating that our nation is on the brink of disaster since it can not compete with foreign markets with almost no oversight.

Thus, U.S. must join in a “race to the bottom” in order to provide aide and comfort to crooks and would be crooks in corporate and investment banking circles. Notwithstanding all the scandals on Wall Street in the past few years, and while record profits are being earned by the perpetrators, there is a fear that there is just too darn much regulation here for honest folks to survive!

The strictest securities regulation in history began in the U.S. about seventy-five years ago. This was just after the stock market crash of 1929, which sent this country into a tailspin followed by the depression years of the 1930’s. Since that time, and under those regulations, the U.S. economy and capital markets have boomed and become the envy of the world. Yet, to listen to Wall Street’s “Chicken Littles,” such regulation will soon be our downfall.

The conventional wisdom has been that investors prefer investing their money into companies and markets which are overseen by watchdogs. Make sense? The new un-conventional theory is that lawless oversees markets will rob the U.S. of its financial markets. While investors scratch their heads at this, perhaps we should explore another motive: If we remove more restrictions on Wall Street, it can get away with murder, instead of simply being exempt from highway robbery (except for token fines).

The Treasury Secretary states "To maintain our capital markets' leadership, we need a modern regulatory structure complemented by market leaders embracing best practices." (That’s code for "the heck with investors, we represent Wall Street's interests.") Meanwhile, Under Secretary Robert Steel admitted that the Treasury would capitalize on its "great relationships with industry people" and "invite input from others to ensure that there is consultation and discussion from outside Treasury on the initiative ... I'm optimistic that people will reach out to us so we'll have the right dialogue," he said.

We note how well utility deregulation fared after input from Enron and others became policy. So, as many Americans cry out to have laws enforced to throw the poor out of our country, perhaps the investing public should also demand that laws be maintained and enforced to prevent multi-billionaire firms from continuing to rob them blind.

By: William S Shepherd

William Shepherd is the founder of the law firm of Shepherd Smith and Edwards a securities law firm that represents investors seeking recovery of losses in their accounts at investment firms. If you or someone you know has suffered investment losses, contact Shepherd Smith and Edwards today.

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June 11, 2007

Janus Avoids Responsibility to Mutual Fund Shareholders for Alleged Role in Widespread Market Timing Scandal

Shareholders of mutual funds Janus Capital Group may not pursue a class action claim that the company violated federal securities laws by permitting hedge funds to engage in market timing with the shares of mutual funds operated by Janus, the U.S. District Court for the District of Maryland ruled.

In recent years, the U.S. Congress has been persuaded to limit class actions involving securities only to claims under federal securities laws. Meanwhile, federal securities claims are limited to misrepresentations and omissions in the purchase and sale of securities and do not, for example, include claims for actions which are simply fraudulent or negligent. Furthermore, courts have decided that no one can be held liable for assisting, or "aiding or abetting", others in violating federal securities law. Such limitations enabled Janus avoid its responsibility and have the class action against it dismissed.

In their complaint, the plaintiffs, purchasers of Janus Group stock, alleged that the Janus Funds misstated in their fund prospectuses their policies regarding market timing and late trading.
Specifically, the prospectuses said the funds were "not intended for market timing or excessive trading" and that measures were in place to stop such practices.

The plaintiffs then claimed that in fact the mutual funds permitted several hedge funds to engage in market timing transactions. The plaintiffs further claimed that the price of Janus Group stock declined significantly after such practices were revealed to the public and investors began to withdraw money from the funds. T

In dismissing the "parent investor class action" filed under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, the federal judge also that, since the shareholders were unable to sufficiently allege that Janus Capital Management -which manages the Janus Funds-- or made a false statement of material fact in connection with the shareholders' purchase or sale of a security that those claims should also be dismissed.

The judge further decided that, since the Janus Group did not actually make or prepare the prospectuses, or create the statements included in them, it
could not be held liable for fraud. Although the plaintiffs argued that
the fact that the prospectuses included Janus's logo, name, and Web site should make Janus Group liable for the allegedly misleading statements, the court said that such a proposition is "far from self-evident, and plaintiffs cite no authority in support of it."

The court also rejected the contention that the funds' dissemination of the prospectuses was sufficient to hold Janus Group liable for the misstatements, since it could not be held liable for aiding and abetting the fraud, for the reasons stated above, stating that courts have already "simply rejected the proposition that dissemination of a misleading document is tantamount to making a misstatement for securities fraud purposes."

However, investors who lost in the Janus mutual funds or other investments may be able to seek recovery of losses if their accounts were mishandled. The law firm of Shepherd Smith and Edwards represents investors nationwide in claims against stockbrokers, investment advisors and their firms. To learn whether we can assist you, contact us to arrange a free confidential consultation with an attorney.

June 11, 2007

Credit Suisse Employee Arrested in Insider Trading Scheme

A employee of the Global Energy Group of Credit Suisse was arrested and charged for his role in an alleged scheme using material nonpublic information on nine merger transactions involving Credit Suisse clients to obtain over $7.5 million in profits. The Securities and Exchange Commission also brought charges against the country head of investment banking at the Pakistan-based Faysal Bank.

Prosecutors said the Faysal Bank agent traded on tips about forthcoming announcements on acquisitions of publicly traded companies Northwestern Corp., Energy Partners Ltd., Veritas DGC Inc., Jacuzzi Brands Inc., Trammell Crow Co., Hydril Co., Caremark Rx Inc., John H. Harland Co., and TXU Corp. Credit Suisse advised either the target company or the acquiring entity in transactions involving each of those companies, they said.

Based on tips from the Credit Suisse employee, the Pakistani banker allegedly purchased securities in advance of a public disclosure, then quickly sold the securities once the public disclosure of an acquisition was made. Through dozens of transactions, including trades in an offshore account, the alleged scheme netted more than $7.5 million in profits, prosecutors charge.

The law firm of Shepherd Smith and Edwards represents investors nationwide. We have has also assisted foreign investors in claims against U.S. investment firms. To learn whether we can assist you or your firm to recover losses, contact us to arrange a free confidential consultation with one of our attorneys.

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May 30, 2007

Former Head of Commodity Trading and Head Trader at Citibank Both Jailed for Inflating Profits

After his former boss was sentenced, a former head of American trading on the Citibank NA commodity desk was sentenced in May to 12 months and a day in prison and ordered to pay approximately $188,000 after pleading guilty to conspiring to falsify bank records and to commit wire fraud, said a U.S. Attorney for the Southern District of New York.

U.S. Attorney Michael Garcia said Charles Craig Gile schemed to inflate trading profits of the Citibank commodity desk by as much as $20 million during 2003 to increase his stature at the firm and make himself eligible for bonuses. Garcia added that Gile and David Becker, Head of Commodities Trading at Citicorp, understated the market risk and overstated the financial performance of Citibank's commodity holdings that year. In March, Becker was sentenced to 15 months in prison.

Garcia said the defendants accomplished their scheme using various means, including inputting false data into computer models used to estimate the value of positions held by the commodity desk. Other false inputs were apparently made to artificially decrease the amount of risk being taken by the trading desk. The models therefore showed millions of dollars of artificially inflated profits for Citibank.

The government further charged that Gile and Becker caused false information to be reported to Citibank's financial control department, which monitored the commodity desk. In addition to the prison sentence, Gile was ordered to pay $185,819 in restitution and a $3,000 fine.

The law firm of Shepherd Smith and Edwards represents investors seeking recovery of damages in securities fraud claims Contact us if you would like to schedule a free confidential consultation with one of our securities attorneys.

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