Wall Street

One hopes “black edge” wasn’t on the list. Anyway, today’s indictment against SAC, for wire fraud and securities fraud, is something to behold:

“For example, on or about July 29, 2009, a recently hired SAC PM (the ‘New PM’) sent an instant message to [Steve Cohen] and relayed that, due to some ‘recent research,’ the New PM planned to short Nokia when he started work 10 days later. The New PM apologized for being ‘cryptic’ but noted that the head of SAC compliance ‘was giving me Rules 101 yesterday – so I won’t be saying much[.] [T]oo scary.'”

Possibly the weirdest part here is that new hires got compliance lectures two weeks before they showed up at the firm? But maybe not; the DOJ takes a pretty dim view of SAC’s hiring process generally, and if you believe the DOJ that SAC’s main hiring criterion was “is good at insider trading,” then you could imagine the need for a little pre-start-date warning in email etiquette:

Continue reading over at DealBreaker….

If you are black in America, you are not supposed to fight back. Ever. For any reason. Sorry.

If you are white, you can do whatever you want, and if you are Hispanic, you can defend yourself as long as you are defending yourself against a black man. But if you are black, you just need to sit there and take it. Or else you’ll get in trouble. You’ll get shot or arrested. The full force of the police state will be brought down upon you.

That’s the lesson from this weekend. George Zimmerman’s acquittal has gotten all the attention (and I’ve said all I need to say about that), but in New York City this weekend there was another story about the casual, every day, racist junk that black people have to deal with all the time. But this time the black guy defended himself and so, of course, the black guy got arrested…

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The thing is that when you run a brokerage company and it goes and loses $1bn of customer money, the CFTC really ought to charge you with “fail[ing] to supervise diligently the activities of [your] officers, employees, and agents,” no? At least? There are various views of Jon Corzine’s role in MF Global’s efforts to misplace a billion dollars – did he intentionally misuse customer funds? was he aggressive but above-board? just confused? – but no one is going around saying “oh, yeah, Corzine was really on the ball there protecting customer money.” You’re just irreducibly not supposed to lose a billion dollars in customer money, and if you do, “failure to supervise diligently” is pretty much the kindest possible description…

Continue reading over at DealBreaker….


Raj Rajaratnam

Rajaratnam’s arguments are not persuasive.

– Judge José A. Cabranes, writing for a three-judge panel of the Second Circuit in upholding the insider trading convictions of former hedge fund manager Raj Rajaratnam. On appeal, Rajaratnam unsuccessfully argued that federal prosecutors obtained a wiretap warrant with a “reckless disregard for the truth.” Rajaratnam will serve the remainder of his 11-year sentence.

(If you’re interested, continue reading for the Second Circuit’s opinion.)

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Bernie Madoff

The SEC needs more resources to protect investors. It’s grossly undercapitalized and it doesn’t have money to hire the right people. Basically it’s a training ground, by the time people are qualified they leave and work for private firms.

They didn’t catch me because the whistleblower, Harry Markopolos, was leading them down the wrong alley. He was an idiot.

– Infamous Ponzi schemer Bernie Madoff, offering his thoughts on why the Securities and Exchange Commission is unable to effectively police financial markets, during a two-hour long interview with the WSJ’s MarketWatch.

Are partners just puppets of their law firms’ clients?

Mr. Armstrong sat at the controls of Morgan Stanley, which employed and paid Blank Rome millions of dollars in fees, thus allowing Blank Rome to be the ultimate ‘puppet master,’ as Blank Rome could control Ms. Armstrong’s divorce litigation in a manner designed to protect Morgan Stanley.

Jonathan Sack, counsel to Kristina Armstrong, in a malpractice lawsuit that Armstrong just filed against her former divorce lawyers at Blank Rome.

(More about Armstrong’s allegations, after the jump.)

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Peter Madoff (via Getty Images)

You can call notorious Ponzi schemer Bernard Madoff many things, but thankfully you can’t call him a lawyer. Although he has gotten to know the law quite well over the years, thanks to his journey through the legal system, Bernie Madoff has no formal legal training law degree.

[UPDATE (6:40 p.m.): As noted in the comments, Madoff briefly attended Brooklyn Law School.]

But Bernie Madoff’s brother, Peter Madoff, is an attorney. Peter graduated from Fordham Law School in 1970 and is a member in good standing of the New York bar, next scheduled to register in October 2014.

Query why Peter Madoff hasn’t been disbarred. In June 2012, he pleaded guilty to numerous federal charges related to his service as “chief compliance officer” of Madoff Securities. In December 2012, he received a sentence of ten years in prison.

Now that Peter Madoff’s in the Big House — FCI Estill, according to the handy BOP Inmate Locator — let’s have a look at the big house he leaves behind. The federal government is trying to sell it for a sizable sum, almost $4.5 million….

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The settlement with Goldman Sachs was not a glorious episode in the history of the Revenue.

–UK High Court Judge Andrew Nicol, employing the spirit of British understatement in a written opinion dismissing a claim by activists that the tax settlement Her Majesty’s Revenue and Customs made with Goldman Sachs in 2010 was an unlawful “sweetheart deal.”

Just outside the window: marble statues of Roman goddesses.

Once upon a time, there lived a beautiful Swedish woman. She came to the United States and studied at an elite college and top law school. After graduation, she went to work at Davis Polk — which is where all the beautiful people work.

While at Davis Polk, this blonde beauty met her Prince Charming — an older, extremely successful M&A partner. They got married at a Caribbean resort, and their wedding made the pages of the New York Times (of course). A few years later, she left the firm to become the general counsel to a global investment bank. Unlike many other power couples, they remain married to this day.

Fairy tales can come true. Let’s learn about a remarkable couple, then ogle their castle in the clouds….

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In Morning Docket yesterday, we mentioned that Standard & Poor’s has joined the chorus of people who are noticing that stand-alone law schools are shaky investments. When the S&P notices, you can bet that law school administrators feel some heat.

The national trends of declining law school applications and shrinking law school class sizes have now affected S&P’s outlook rating for one stand-alone law school. It’s not a huge shift, but given the trend lines, we have to wonder if we will eventually see some diploma mills actually close down…

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