Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Hedge Fund Founder's Ex-Wife Files Suit Accusing Him of Insider Trading

By Zach Lowe
February 25, 2010

The ex-wife of Wall Street magnate Steven Cohen, founder of the $13 billion hedge fund SAC Capital Advisors, filed a civil racketeering suit in December 2009 against Cohen in which she accuses him of committing insider trading violations.

The suit, according to the New York Times, was filed in federal district court in Manhattan under a civil version of RICO laws used mostly against organized crime figures. The suit accuses Cohen of understating his income during divorce proceedings and hiding money from his ex-wife, Patricia.

Background

It has been a tough couple of months for Cohen and SAC. As the New York Times reported, the insider trading investigation surrounding Galleon Group founder Raj Rajaratnam has hit very close to SAC. One former SAC analyst, Richard Choo-Beng Lee, has already pleaded guilty to insider trading he committed well after leaving SAC in 2004; Lee, who is represented by K&L Gates partner Jeffrey Bornstein, has agreed to cooperate with authorities about any insider transactions that might have happened while he was at SAC, the Times reports. Federal authorities have also subpoenaed one former SAC analyst (Richard Grodin) and have reportedly been investigating another (Mark Adams), though neither has been charged or publicly suspect of any wrongdoing. (Nor has anyone currently at SAC.)

The Suit

In the civil RICO suit, Cohen's ex-wife says Cohen admitted to her in 1985 that he received inside information on General Electric's takeover of RCA, though Cohen indicated to her that he did not believe he committed insider trading by later profiting from that information. She also claims that Cohen funneled money through a friend of his (who happens to be a lawyer), Brett Lurie, who was later convicted of fraud and fled to Costa Rica.

The suit raises all sorts of interesting legal issues, including whether the normal statute of limitations on various fraud charges might be lifted if a court finds Cohen actively concealed his fraud.


Zach Lowe is a reporter for The American Lawyer, an ALM sister publication of this newsletter.This article first appeared on The Am Law Daily blog on www.AmericanLawyer.com.

The ex-wife of Wall Street magnate Steven Cohen, founder of the $13 billion hedge fund SAC Capital Advisors, filed a civil racketeering suit in December 2009 against Cohen in which she accuses him of committing insider trading violations.

The suit, according to the New York Times, was filed in federal district court in Manhattan under a civil version of RICO laws used mostly against organized crime figures. The suit accuses Cohen of understating his income during divorce proceedings and hiding money from his ex-wife, Patricia.

Background

It has been a tough couple of months for Cohen and SAC. As the New York Times reported, the insider trading investigation surrounding Galleon Group founder Raj Rajaratnam has hit very close to SAC. One former SAC analyst, Richard Choo-Beng Lee, has already pleaded guilty to insider trading he committed well after leaving SAC in 2004; Lee, who is represented by K&L Gates partner Jeffrey Bornstein, has agreed to cooperate with authorities about any insider transactions that might have happened while he was at SAC, the Times reports. Federal authorities have also subpoenaed one former SAC analyst (Richard Grodin) and have reportedly been investigating another (Mark Adams), though neither has been charged or publicly suspect of any wrongdoing. (Nor has anyone currently at SAC.)

The Suit

In the civil RICO suit, Cohen's ex-wife says Cohen admitted to her in 1985 that he received inside information on General Electric's takeover of RCA, though Cohen indicated to her that he did not believe he committed insider trading by later profiting from that information. She also claims that Cohen funneled money through a friend of his (who happens to be a lawyer), Brett Lurie, who was later convicted of fraud and fled to Costa Rica.

The suit raises all sorts of interesting legal issues, including whether the normal statute of limitations on various fraud charges might be lifted if a court finds Cohen actively concealed his fraud.


Zach Lowe is a reporter for The American Lawyer, an ALM sister publication of this newsletter.This article first appeared on The Am Law Daily blog on www.AmericanLawyer.com.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Anti-Assignment Override Provisions Image

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?