Jan 18 (Reuters) - Hedge fund titan Steven A. Cohen is
once again in the spotlight over allegations of improper
trading
at his $14 billion SAC Capital Advisors.
The arrest on Wednesday of technology analyst Jon Horvath
marks the fourth time in two years that U.S. authorities have
implicated or charged a person with engaging in insider trading
while working at SAC Capital. It is the latest to
come from an investigation FBI agents have coined Operation
Perfect Hedge.
Federal authorities did not charge Cohen or SAC Capital with
any wrongdoing in the case against Horvath, who is accused of
using inside information to help the Stamford, Connecticut-based
hedge fund generate a $1 million profit from trading in shares
and option contracts of PC maker Dell Inc.
Horvath's lawyer could not immediately be reached for
comment.
The case against Horvath comes less than a month after SAC
Capital capped another successful year, generating an 8 percent
return while most hedge funds lost money in 2011.
But the new allegations of improper trading are a fresh
reminder that SAC Capital remains a major focal point for U.S.
prosecutors as they continue a multi-year crackdown on insider
trading in the $1.7 trillion hedge fund industry.
And while industry observers and investment managers say the
newest case is not likely to prompt investors to rush to pull
money from Cohen's fund, it could cause some discomfort for some
of his wealthy patrons.
"There is a feeling that the Feds' web around Cohen might be
slowly tightening and that is bound to get people to think about
what to do with their money," said one industry investor
familiar with Cohen's fund but who asked not to be named.
A spokesman for Cohen's SAC declined to comment beyond
saying that the firm is continuing to cooperate with the
government investigation.
It is no secret in the hedge fund world that the federal
authorities have been probing possible wrongdoing at SAC for
years. Reuters previously has reported federal prosecutors and
regulators have been investigating allegations of improper
trading at SAC Capital since at least 2007.
But it was not until last year that those years of
investigation began to get uncomfortably close for Cohen when
two former traders, Noah Freeman and Donald Longueuil, pleaded
guilty to insider trading charges. Another former SAC Capital
employee, Jonathan Hollander, settled civil charges of insider
trading with the Securities and Exchange Commission.
Now that a fourth SAC Capital employee has been accused of
improper trading, hedge fund industry analysts, lawyers and
investors say the scrutiny of Cohen's roughly 800 employees is
bound to increase.
"I suspect that remaining with a fund that's implicated is
just bad business from a reputational standpoint," said
Nicole Boyson, a finance professor at Northeastern University,
who has researched the implications of hedge fund fraud.
Over the years, SAC Capital, in response to other trading
scandals, has noted that it has some of the strongest compliance
systems in the hedge fund industry. But in a deposition taken
last year in a civil lawsuit, a copy of which was obtained by
Reuters, Cohen said federal laws on insider trading were "very
vague."
To be sure, Cohen, a 55-year old trader who founded SAC
Capital in 1992 with just $25 million, continues to maintain a
large reservoir of support. And a good deal of that stems from
the fact that Cohen himself has never been charged with
wrongdoing and that despite the negative headlines, SAC Capital
continues to post strong returns.
"It is unfortunate, but I do not think Steve is involved
with this and, yes, we have money with him and I stand by him,"
said Anthony Scaramucci, who runs Skybridge Capital which
featured Cohen as a prominent speaker at his investment
conference last year.
The improper trading Horvath is alleged to have engaged in
occurred at Sigma Capital, a division of SAC Capital that is
based in New York City. Horvath reported to Michael Steinberg, a
long time top trader with SAC Capital, who talks frequently to
Cohen, according to people familiar with the matter. Steinberg
could not be reached at his office on Wednesday.
Ron Geffner, a partner at law firm Sadis & Goldberg, which
specializes in representing hedge funds, said just because some
employees at a fund are doing something wrong, it is incorrect
to infer "that their employer put them on a path of bad
decision-making."
Others also note that for hedge fund investors, solid
performance counts for more than anything. These people say
investors will put up with a lot of bad behavior at a hedge fund
as long as the returns are good.
Still, the new charges come at an awkward time for Cohen,
who has expressed some interest in submitting a bid to buy the
financially strapped Los Angeles Dodgers professional baseball
team. A spokesman for Major League Baseball said it is
premature to discuss the sale because the deadline for
submitting bids is still open. One of the many factors
considered in vetting prospective buyers of teams is their
business practices, a person familiar with the process said.
One of the biggest investors with SAC Capital is an
investment fund managed by Blackstone Group Inc., sources have
told Reuters. Blackstone's investment advisory arm is running
the sales process for the Dodgers. A Blackstone spokesman did
not immediately return a call seeking comment.
(Reporting by Svea Herbst-Bayliss and Katya Wachtel;
additional reporting by Jennifer Ablan)
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