Feds Suspected Rajaratnam Ten Years Ago

Forbes has a report on an Intel engineer, Roomi Khan who cooperated with the Fed´s to avoid charges in a wire fraud case back in 2001- 2002. Apparently Rajaratnam was making money from inside information even then.

“According to a June 2002 sentencing memorandum for Khan, the earlier case arose after Intel suspected Rajaratnam was getting tips from an Intel insider because he was predicting Intel’s revenue “with extreme accuracy.”

Intel set up a hidden video camera that on March 6, 1998, recorded Khan, employed as a product marketing engineer at the company, faxing an important report concerning Intel’s three main Pentium processors to Rajaratnam.

The memo said Khan on March 24 then faxed handwritten pages that contained pricing information and sales data for Intel chips. “By multiplying those numbers, one can determine Intel’s total revenue for the quarter,” it said.”

DTCC Conflicts Of Interest Include Ties With Penson, Goldman

More digging about Penson turns up a number of ties with regulators (this is probably par for the course, and not surprising). Penson Worldwide’s board of directors includes one David Kelly, who until 2000 was President of the National Securities Clearing Corporation, as well as Vice Chairman of DTCC.
More on DTCC here at Financial Wire, May 11, 2004
cited at Deep Capture.

(Lila : The DTCC is the Depository Trust and Clearing Corporation, not the Depository Trust Company, as indicated in the article)

The Depository Trust Company (DTC) is a member of the U.S. Federal Reserve System, a limited-purpose trust company under New York State banking law and a registered clearing agency with the SEC. The depository supposedly brings efficiency to the securities industry by retaining custody of some 2 million securities issues, effectively “dematerializing” most of them so that they exist only as electronic files rather than as countless pieces of paper. The depository also provides the services necessary for the maintenance of the securities it has in “custody.”

The largely unregulated DTC has become something of a defacto Czar presiding over the entire U.S. markets system, wielding more day-to-day influence and control than the SEC, the NASD and NASDAQ combined. And, as the SEC’s June 4 ruling indicates, its monopoly over the electronic trading system appears even to be protected.

How entrenched is the Depository Trust and Clearing Corp.? It’s two preferred shareholders are the New York Stock Exchange and the NASD, a regulatory agency that also owns the NASDAQ (OTCBB: NDAQ) and the embattled American Stock Exchange! Regulators, regulate thyself?

In an era when corporate governance is the primary interest for the SEC and state regulators, the DTCC is hardly a role model. Its 21 directors represent a virtual litany of conflict:

They include Bradley Abelow, Managing Director, Goldman Sachs (NYSE: GS); Jonathan E. Beyman, Chief Information Officer, Lehman Brothers (NYSE: LEH); Frank J. Bisignano, Chief Administrative Officer and Senior Executive Vice President, Citigroup / Solomon Smith Barney’s Corporate Investment Bank (NYSE: C); Michael C. Bodson, Managing Director, Morgan Stanley (NYSE: MWD); Gary Bullock, Global Head of Logistics, Infrastructure, UBS Investment Bank (NYSE: UBS); Stephen P. Casper, Managing Director and Chief Operating Officer, Fischer Francis Trees & Watts, Inc.; Jill M. Considine,Chairman, President & Chief Executive Officer, The Depository Trust & Clearing Corporation (DTCC);

Also, Paul F. Costello, President, Business Services Group, Wachovia Securities (NYSE: WB); John W. Cummings, Senior Vice President & Head of Global Technology & Services, Merrill Lynch & Co. (NYSE: MER); Donald F. Donahue, Chief Operating Officer, The Depository Trust & Clearing Corporation (DTCC); Norman Eaker, General Partner, Edward Jones; George Hrabovsky, President, Alliance Global Investors Service; Catherine R. Kinney, President and Co-Chief Operating Officer, New York Stock Exchange; Thomas J. McCrossan, Executive Vice President, State Street Corporation (NYSE: STT); Eileen K. Murray, Managing Director, Credit Suisse First Boston (NYSE: CSR); James P. Palermo, Vice Chairman, Mellon Financial Corporation (NYSE: MEL); Thomas J. Perna, Senior Executive Vice President, Financial Companies Services Sector of The Bank of New York (NYSE: BNY); Ronald Purpora, Chief Executive Officer, Garban LLC; Douglas Shulman, President, Regulatory Services and Operations, NASD; and Thompson M. Swayne, Executive Vice President, JPMorgan Chase (NYSE: JPM).”

Billionaire Nabbed In Largest Hedge Insider Scheme

In the news (:http://www.bloomberg.com/apps/news?pid=20601087&sid=asliefsvW5Zc)

“Oct. 16 (Bloomberg) — Raj Rajaratnam, the billionaire founder of Galleon Group, and ex-directors at a Bear Stearns Cos. hedge fund were among six people charged in a $20 million insider trading scheme federal prosecutors called the biggest ever involving hedge funds.

Also accused were Rajiv Goel, who worked at Intel Capital as a director in strategic investments, Anil Kumar, who worked as a director at McKinsey & Co., and IBM Corp. executive Robert Moffat. The former officials at Bear Stearns Asset Management are Danielle Chiesi and Mark Kurland, who were affiliated with the firm’s New Castle Partners, which managed about $1 billion.

“The defendants operated in a world of, you scratch my back, I’ll scratch your back,” U.S. Attorney Preet Bharara in Manhattan said at a press conference today. “Greed, sometimes, is not good.”

My Comment

The biggest hedge scam – there you go. Anything Westerners can do, Easterners can do better. We’re not going to settle for any penny-ante crime anymore.  Now you know how at least one South Asian billionaire got rich so fast. Nothing like having an edge…

What’s interesting is that this is the first time that the Fed’s used wire-tapping to target insider trading on Wall Street. Until now that tool has been the reserve of organized crime and drug cases.

Fraud On the Run: Goldman Cop On SEC Beat (ROTFLOL)

In the news, to be filed under – What parallel universe does New York live in?:

“Oct. 16 (Bloomberg) — The U.S. Securities and Exchange Commission named Adam Storch, a 29-year-old from Goldman Sachs Group Inc.’s business intelligence unit, as the enforcement division’s first chief operating officer.

Storch, who joined the SEC Oct. 13, was named to the newly created post of managing executive in the enforcement unit, charged with making the division more efficient, the SEC said today in a statement. At New York-based Goldman Sachs, he had worked since 2004 in a unit at that reviewed contracts and transactions for signs of fraud.”

My Comment:

Personally, I’ve come to nurse a kind of contemptuous respect for, an appalled amusement at Goldman Sachs. It’s the contrarian in me.

In-your-face-corrupt, shameless, self-promoting, out-of-touch, sanctimonious, and bottomlessly greedy –  It’s a firm made for our times…

If Goldman Sachs didn’t exist, we’d have to invent it.

Taibbi’s Penson Video..(Correction)

Correction:
(10/12/09, Monday)

I should have said “allegedly faked” video. I stand corrected. No weasel words, Mr. Byrne (see Byrne’s comment below).

I often post stories on which I have no comment or opinion one way or other, because I haven’t followed them, but think readers might like to. In my last several posts, in fact, I defended Deepcapture’s, Taibbi’s, and Zerohedge’s work, in spite of occasional alleged or real errors.

But the reason I linked to Wenzel’s blog is because Wenzel’s post is pretty funnily written, and I don’t follow Taibbi, except occasionally. I didn’t like his attacks on David Griffin, where he exposed himself as somewhat ignorant. Taibbi also doesn’t attribute people (apparently others have that complaint too). But arrogance and ignorance in one area don’t equate to being incorrect in another.

I’ll add a separate post with the rather long back and forth between Taibbi and his various critics and defenders. I went by Penson’s dismissal of the video, but I’ve since noted that Penson has some history that is troubling and tends to makes its dismissal less credible.

So what else might be construed as “weasel-worded” in my recent blogging?

Perhaps my rather neutral approach to the Byrne vs. Weiss feud, still going strong. Well, I’m neutral about it – who stalked whom, etc. etc. – because I don’t know the ins and outs of it. I had my own experience of being harassed, and can barely keep up with the details of that, let alone someone else’s stalking experience.

I also don’t know which of the two abuses of the market – “stock pumping and money laundering” (criticized by the Wall Street “captured” media) or “naked-shorting” (criticized by Byrne, Davidson “ “Bob O’Brien,” and many others, including Taibbi) – is the more momentous.

As a libertarian, I think naked-shorting is, but that’s only my opinion. Which is why I’ve been neutral. My sense is both abuses are real and extensive.

Likewise, I really don’t know enough about what the SEC’s investigation of Overstock is about. Could it be punitive?

Quite likely, given all we know about the SEC. But does that mean everything else the SEC does is incorrect? Unlikely.

Does that mean what Byrne wrote about “naked short selling” is incorrect? No.

Final point. I tend not to like shrill personal attacks.

That’s a deferral to civility and complexity, not weasel-wordedness.

ORIGINAL POST:

On Matt Taibbi getting suckered by a “faked” (quotes added for now) naked shorting video:

“Carney is a sharp guy, and he has Taibbi nailed on this one, but, I repeat, naked short selling, like a lot of Wall Street, is a very complex game. Carney in some of his other posts suggests there is nothing wrong with naked short-selling, he is off on that one. Some of it can be justified as simple market maker operations, but some of it is major league abuse by very clever insiders, which is the point Taibbi is taking, but doesn’t have the knowledge to back up properly.

Anyway, once you sit down an analyze the entire naked short selling thing, you realize that the bad naked short selling would go away if the SEC would stop issuing regulations that protect the bad guys. Basic common sense and commercial law would put an end to the bad naked short selling, real fast.

Bad naked short selling exists because there is a power source to manipulate, in this case the SEC, and the bad guys are running circles around the SEC.

What you want to understand naked short sales for yourself? Well pull up a chair, give yourself five hours and read this. It’s a great first step.

But, I tell you, it will be much more fun watching Taibbi attempt to pull the bayonet out of his brain.”

More by Robert Wenzel, at Economic Policy Journal.

Berlusconi Immunity Thrown Out by Constitutional Court

Italy’s top court, the Constitutional Court, has thrown out a law granting immunity from prosecution to the president, Silvio Berlusconi:

“The law overturned Wednesday was pushed through by Berlusconi’s conservative coalition in 2008 when he faced separate trials in Milan for corruption and tax fraud tied to his Mediaset broadcasting empire. It granted immunity from prosecution while in office to the country’s four top office holders — the premier, the president of the republic and the two parliament speakers.

The proceedings against Berlusconi were suspended as a result of the law, drawing accusations that it was tailor-made for the premier.

The corruption trial is particularly threatening because, in the meantime, the premier’s co-defendant has been convicted of accepting a bribe to lie in court to protect Berlusconi in another case.

Still, even if convicted, the premier would not be obliged to resign and could simply appeal, as sentences in Italy are usually not served until all avenues of appeal are exhausted.”

How the Pathocracy Stays In Power

The question is often asked how a society that in its day-to-day workings exhibits culture and lawfulness can also support behavior at high levels that’s criminal. The question was asked of German society in the 1930s and could well be asked of the US today.

A good answer is given by Carolyn Baker

“One of the main factors to consider in terms of how a society can be taken over by a group of pathological deviants is that the psychopaths’ only limitation is the participation of susceptible individuals within that given society. Lobaczewski gives an average figure for the most active deviants of approximately 6% of a given population. (1% essential psychopaths and up to 5% other psychopathies and characteropathies.) The essential psychopath is at the center of the web. The others form the first tier of the psychopath’s control system.

The next tier of such a system is composed of individuals who were born normal, but are either already warped by long-term exposure to psychopathic material via familial or social influences, or who, through psychic weakness have chosen to meet the demands of psychopathy for their own selfish ends. Numerically, according to Lobaczewski, this group is about 12% of a given population under normal conditions.

So approximately 18% of any given population is active in the creation and imposition of a Pathocracy. The 6% group constitutes the Pathocratic nobility and the 12% group forms the new bourgeoisie, whose economic situation is the most advantageous.

When you understand the true nature of psychopathic influence, that it is conscienceless, emotionless, selfish, cold and calculating, and devoid of any moral or ethical standards, you are horrified, but at the same time everything suddenly begins to makes sense. Our society is ever more soulless because the people who lead it and who set the example are soulless – they literally have no conscience.

My Comment:

To this I will add that the pathocracy also exhibits and encourages the exhibition of sentiments that mimic and substitute for emotion. Various kinds of false sentimentalities and emotionalism mimic authentic emotion to create a facade that deceives the onlooker. One could go further and say that this distortion extends from the affective life to the cognitive, where a false and superficial “logic” takes the place of genuine reasoning….

Duvall ‘Fesses Up To Bark, Not Bite

Now Mike Duvall admits to “inappropriate story-telling” but denies having had an affair with either of the two lobbyists. That denial is seconded by Ms. Barsuglia. The man to whom he told the story now denies hearing it. He wasn’t paying attention, he says. Duvall talks a lot.

We were wondering ourselves…..

If the denials are accurate, it looks like Ms. Barsuglia and her family might have a case for defamation.

We’re all agog.

And we have another question: Just what level of IQ does it take to be a California assemblyman?

We’re all agog about that too.

Many’s the time  we’ve seen a female employee slandered for no more than being more personable and competent than the males around her. Her career is then almost sure to be attributed to her sexual wiles.

If Duvall is any indication, there seem to be married men whose rich imaginations don’t come equipped with the ethical compass that tells them that dragging your associates into your adolescent fantasies does irreparable damage to their professional credibility and personal reputation.

If the denials hold water, Ms. Barsuglia should be paid substantially for the damage done to her career and her family’s sensibilities.

Of course, the denials may not hold water.

Major Market Move in Offing

Looks like there’ll be a good deal of volatility ahead in the markets this coming week and through the fall:

*From Monday last week onward, New York has been riled up by the news out of China that Chinese SOEs (State Owned Enterprises) might walk away on derivative contracts that they think have been deeply manipulated. (They’re right on that). The SOEs involved are Air China, China Eastern, and Cosco.

*The derivatives are not mortgage-backed securities (the cause of the 2008 melt-down) but – likely- hedged oil futures in the OTC (over the counter) market, which is unregulated (that is, the SEOs hold synthetic longs).

*The threat – if it is that – has forced gold out of its summer trading range to within points of the $1000 mark, before falling back..and it pushed up the Chinese market by about 5%.(Sept 3)

*The counter-parties are 6 foreign banks, said to include Goldman Sachs, UBS, and JP Morgan. Goldman could take a hit on the contracts for around $15 billion, it’s rumored.

Note: The Chinese have been buying IMF bonds (50 billion) and watching the US meltdown and “stimulus” hocus-pocus with a good deal of warranted alarm, because all it means is their investments are being manipulated and driven down.

Obama’s reappointment of Bernanke was also taken as a bad sign by the Chinese. (correctly).

*Rumors have been swirling of further defaults of major US banks.

*The G20 has a preliminary meeting this weekend and the Chinese are said to have put the purchase of off-market gold on the table.

*The Chinese are pushing gold and silver on their populations, probably in anticipation of a currency meltdown.

*Meanwhile, Hong Kong has asked for all its gold to be returned from London.

*Last week, Germany asked for all its gold to be returned from London.

*Meanwhile, Abu Dhabi Commercial Bank and King County, Washington State have brought suit against Moody’s, S&P, and Morgan Stanley on fraud charges for the contracts they wrote, a case that would have massive implications for how other contracts are treated.

*[Oddly (?), Washington State is also where the earliest swine flu cases in the US were detected and where one of the largest outbreaks on campus just surfaced today – with some 2000 students at Washington State University coming down with the virus. Washington State had previously received large grants from Homeland Security for emergency preparations for pandemics, had TV Public Service Ads in place, had written up plans and practiced exercises].