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Is FBI Special Agent King Set To Take Down Stevie Cohen?

Tyler Durden's picture




 

The man who brought down Galleon is not finished, and if the report by Reuters' Matt Goldstein is correct, FBI special agent B.J. Kang may well have his sights set on the top of the hedge fund pantheon: SAC Capital itself. This is not a surprise to Zero Hedge, and is something we have speculated on in the past, however the intricacies of such a spectacular take down would have to be refined beyond any reasonable doubt as any allegations against Mr. Cohen will likely see the involvement of every single $1,000/hour billing lawyer in the world, taking on any DOJ case.

The background on the chase:


When Bernie Madoff, who engineered history's
biggest Ponzi scheme, was arrested, FBI Special Agent Kang was right at
his side. And less than a year later, there was Kang again, in a "perp
walk," shuffling alongside a handcuffed Raj Rajaratnam, the former
hedge fund star at Galleon accused of earning millions off illegally
obtained stock tips.

The question on the minds of investors, managers and lawyers inside and outside the hedge fund industry today is, who's next?

Of course, no one knows for sure. But court documents and interviews
with many industry sources familiar with the case show that agent Kang
may be focusing in on Steven A. Cohen and his $12.9 billion SAC Capital
Advisors, L.P.

Mr. Cohen is not a new pet-peeve of the FBI agent:

Reuters has learned that Kang investigated
allegations of trading irregularities at SAC two years ago, though the
inquiry concluded with no charges being filed against the firm.

Who is Agent Kang:


Just like Cohen, Kang avoids the limelight
and refused to be interviewed for this story. The FBI wouldn't even
disclose biographical information about him, including his age.

Known simply as B.J. to lawyers and others who have worked with him,
Kang, who is Korean-American, once joked that he prefers using initials
because his full name is too hard for most people to pronounce. With
his accounting background he is able to delve deeply into the minutiae
of financial crimes.

But Kang's toughest challenge may lie ahead
of him. Lawyers, hedge fund traders and others with knowledge of the
ongoing investigation say the agent and federal prosecutors are now
focused on a number of former SAC employees whose names have cropped up
during the Galleon phase of the inquiry and who also may have engaged
in insider trading.

Lee, one of five cooperating witnesses in the Galleon case, is
prepared to tell authorities about any insider trading he may have
engaged in while working as a technology analyst at SAC from 1999 to
2004, according to a court filing. Most legal experts say prosecutors
will have a hard time using any evidence Lee may provide given that it
is relatively old.

The government's interest in SAC and Cohen shouldn't surprise
anyone. Cohen's firm stands at the pinnacle of the $1.5 trillion hedge
fund industry. Critics have often complained that SAC gets better
access to information from Wall Street firms because of its sheer size
and the hundreds of millions in commissions it pays out.

Amusingly, the FBI case veers into the story of one Andrew Tong who made tabloid fodder several years ago in relation to a very peculiar lawsuit he filed against his supervisor:


In 2007, Kang was assigned to work on a
previously undisclosed investigation involving alleged trading
irregularities at Cohen's hedge fund, said people familiar with that
matter. That inquiry, opened by federal prosecutors in Brooklyn, New
York, concluded with authorities declining to take action against Cohen
or anyone else associated with SAC.

But before the probe by Brooklyn prosecutors was closed, Kang
interviewed former SAC analyst Andrew Tong, who had already become a
tabloid sensation -- not to mention an embarrassment to SAC.

In a lawsuit earlier that year Tong had charged that his male
supervisor, Ping Jiang, then a top SAC trader, forced him to perform
oral sex on him before completing a trade, according to people familiar
with the investigation and court papers.
Tong also alleged Jiang
ordered him to take female hormones to turn him into "the ideal
analyst/trader," combining both male and female characteristics, the
court documents note.

Courtesy of filings in that litigation being finally unsealed we get a glimpse of one reason why SAC could be so, allegedly, very profitable:

In early 2006, according to the court papers,
Jiang directed Tong and at least two other SAC employees to take part
in a manipulative trading scheme involving shares of China Yuchai
International Ltd., a Chinese-based diesel engine manufacturing
company. The court papers suggest the hedge fund took a short position
in shares of China Yuchai; betting the stock would fall in price. The
papers say Tong and others then began "manufacturing false negative
analytical reports about CYD to facilitate this manipulation.
"

The strategy didn't work and SAC took a $3
million hit, which Tong claims Jiang ultimately blamed on him. Tong
alleged that Jiang used the loss as a justification to fire him and
that the real reason for his dismissal was his decision to stop taking
the female hormones and engaging in "sexual conduct with Mr. Jiang,"
the documents say.

The treatment of the Tong case highlights why Kang needs to have a bulletproof case against the multi-billionaire:

But the court filings in the Tong lawsuit hint
at the difficulties Kang and others in law enforcement may face in
pursuing a case against SAC if any wrongdoing is ever uncovered. In one
filing, Tong recalls Jiang telling him that SAC places a premium on
secrecy and guarding its trading strategies -- even from some of the
fund's top officers.

"Steven Cohen only wants us to make money, he
doesn't care or want to know our secrets to make money -- SAC doesn't
need to know and doesn't want to know," Tong said in the filing,
quoting one of Jiang's instructions to him.

Yet with new possible cooperating witnesses coming out of the Galleon case, the prosecution's case may just have gotten that extra push it needed


Former SAC employees, however, have already
started to talk. Lee's cooperation was secured in part because of
incriminating evidence that federal authorities had captured from a
government wiretap on his cell phone while working at San Jose,
California-based Spherix Capital. (Kang oversaw the tap on Lee's phone.)

In pleading guilty on October 13, Lee signed a cooperation agreement
that requires him not only to testify about his misdeeds at Spherix,
but also provide prosecutors with any evidence of alleged insider
trading over an eight-year period starting in 1999. He worked at SAC
for five of them, and the rest of the time was at Stratix Capital
Management.

The Wall Street Journal previously has reported that after Spherix
closed its doors in February, federal authorities encouraged Lee -- who
had begun cooperating with the investigation -- to try to return to
SAC. But Cohen refused, the Journal reported, because he was suspicious
of the reasons behind Spherix's closing.

Lee is also expected to testify about any improper trading he may
have done at Stratix, a hedge fund founded by two more SAC alumni,
Richard Grodin and Ian Goodman. That fund, which counted SAC among its
investors, closed in 2007. Grodin launched another fund, Quadrum
Capital, and it too abruptly shut down this year. A few months ago,
federal authorities asked Quadrum to turn over some trading records,
but the government hasn't asked for anything since, said a person close
to the fund.

While we doubt Mr. Cohen is losing any sleep at this time, the storm clouds may be gathering. Because as every hedge fund knows all too well, all it takes is one disgruntled employee who may have left on less than stellar terms to wait for the expiration of his/her "non-disparage" clause and to end up destroying their former employer. This goes doubly so with the FBI running around, and presumably recording every single hedge fund conversation. Which reminds us that it is time to take a look at how the revenue stream for Gerson Lehrman Group is doing these days.

 

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Fri, 12/04/2009 - 12:11 | 152434 Daedal
Daedal's picture


In a lawsuit earlier that year Tong had charged that his male supervisor, Ping Jiang, then a top SAC trader, forced him to perform oral sex on him before completing a trade, according to people familiar with the investigation and court papers. Tong also alleged Jiang ordered him to take female hormones to turn him into "the ideal analyst/trader," combining both male and female characteristics, the court documents note.

If that isn't a testament of how bad the job market is these days, I don't know what is. Perhaps we an see a follow up to this story on Jerry Springer.

Fri, 12/04/2009 - 12:58 | 152502 Anonymous
Anonymous's picture

I read in Timothy Sykes book that he took that hormone treatment to improve his penny stock trading(he alleges that his father forced him to do it which I find to be a suspicious claim).

He advises all his followers to do the same. At Sykes trading conventions he gets his devoted followers to "drink from the fountain of knowledge" and forces them to swallow.

Sounds just like Ping. Bunch of penny stock nuts.

Fri, 12/04/2009 - 13:30 | 152555 Unscarred
Unscarred's picture

In this economy, people will do anything to be the 'head' trader.

Fri, 12/04/2009 - 16:04 | 152832 Careless Whisper
Careless Whisper's picture

@Daedal  Certainly gives new meaning to 'pump and dump'.

Fri, 12/04/2009 - 12:18 | 152440 bugs_
bugs_'s picture

SAC Tong Ping BJ top Yuchai Kang
Quadrum Klingons Spherix Stratix
Dick Grodin Zerohedge

Fri, 12/04/2009 - 12:23 | 152447 bruce wayne
bruce wayne's picture

Headline names the agent as King, not Kang.

Fri, 12/04/2009 - 12:33 | 152462 estaog
estaog's picture

So did he take the female hormones?

Fri, 12/04/2009 - 13:02 | 152510 Daedal
Daedal's picture

"So did he take the female hormones?"


The strategy didn't work and SAC took a $3 million hit, which Tong claims Jiang ultimately blamed on him. Tong alleged that Jiang used the loss as a justification to fire him and that the real reason for his dismissal was his decision to stop taking the female hormones and engaging in "sexual conduct with Mr. Jiang," the documents say.

Fri, 12/04/2009 - 12:44 | 152479 Marvin the Mind...
Marvin the Mindreader's picture

If taking female hormones correlated with making money, the traders at the Vampire Squid would all have great racks.

Fri, 12/04/2009 - 12:46 | 152483 Anonymous
Anonymous's picture

blowing someone and taking female hormones are really the only trading I haven't tried on this market.....hmmmmm!

Fri, 12/04/2009 - 12:50 | 152489 bugs_
bugs_'s picture

Gives new meaning to "hedge fund"

Fri, 12/04/2009 - 13:01 | 152509 Anonymous
Anonymous's picture

Tong was suspiciously fired from another large hedge fund in Milwaukee a couple of years earlier.....?????

Fri, 12/04/2009 - 13:16 | 152532 Unscarred
Unscarred's picture

...forced him to perform oral sex on him before completing a trade...

Now THAT"S the type of outside the box thinking that will make you double check your analysis.

Fri, 12/04/2009 - 13:17 | 152534 Anonymous
Anonymous's picture

Tong gave a good head for business.....had a good head for business I meant...had...yea that's it had

Fri, 12/04/2009 - 13:22 | 152545 Anonymous
Anonymous's picture

Its been rumored SAC has been involved with the naked shorting of SPONGETECH, a sponge company that trades on the Pink Sheets, I’m sure you’ve seen their advertising at sports games. There are a few hedge funds that are short 5 times the companies’ outstanding shares, which were facilitated through the “Madoff” market making exemption, ie, the creation of “phantom shares” through the FTD mechanism. The SEC is aware of the naked shorts, and I personally have contacted the FBI about this case, perhaps SAC got nabbed. Read about SAC’s involvement in Dendreon
over at Deepcapture, I hope SAC is finally getting what’s been coming for them a long time.

Fri, 12/04/2009 - 13:39 | 152550 Mingy
Mingy's picture

Its been rumored SAC has been involved with the naked shorting of SPONGETECH, a sponge company that trades on the Pink Sheets, I’m sure you’ve seen their advertising at sports games.  There are a few hedge funds that are short 5 times the companies’ outstanding shares, which were facilitated through the “Madoff” market making exemption, ie, the creation of “phantom shares” through the FTD mechanism.  The SEC is aware of the naked shorts, and I personally have contacted the FBI about this case, perhaps SAC got nabbed.  Read about SAC’s involvement in Dendreon over at Deepcapture, I hope SAC is finally getting what’s been coming for them a long time.

Fri, 12/04/2009 - 13:30 | 152553 Anonymous
Anonymous's picture

My goodness.

Goodness gracious.

Wow.

Not sure...to think...here...this...

Must....not....think about....

HAHAHAHA BLOWJOBS! AHAHehaHAHEHahAHA

OHM MY GOD!

AHEHAHEHahaHAHEHA

Goldman SACKS! A BUNCH OF CLOSET TEABAGGERS!!!!

TRADING BABY BATTER!@#!#()*@

AHEHAhehaAHEHAhahAhehaha

-MobBarles

Fri, 12/04/2009 - 13:54 | 152598 Anonymous
Anonymous's picture

Sykes is a nobody.

Fri, 12/04/2009 - 14:03 | 152619 Cognitive Dissonance
Cognitive Dissonance's picture

What's next, sex with farm animals? How does one assimilate information like this? Is there no limit? I guess when a line is crossed, what does it matter where you go from there.

Fri, 12/04/2009 - 15:17 | 152747 Anonymous
Anonymous's picture

BJ Kang, huh? I was waiting for a reference to his sister Kodos and their otherworldly abilities in catching financial badguys. (For those who don't know what I mean, youtube a Simpsons episode with Kang and Kodos).

Fri, 12/04/2009 - 15:17 | 152749 Gordon_Gekko
Gordon_Gekko's picture

Little does Agent Kong know that he's just a minion/tool of the most corrupt and criminal government in the history of the world. I bet he thinks himself to be a smartass stand-up guy going after the "bad guys" when, ironically, the baddest guy in town is his own employer.

Fri, 12/04/2009 - 15:25 | 152756 Gordon_Gekko
Gordon_Gekko's picture

With the clear and outright declaration of war by the US Govt. against the hedge funds, it makes absolutely no sense for any them to be based in America anymore. If any hedge fund does not see what's coming their way in the United States, they probably deserve not to exist.

Fri, 12/04/2009 - 15:54 | 152812 wgpitts
wgpitts's picture


They are going to find the largest insider trading fraud in history was just perpetrated by the Fed and the Banks they gave out trillions of dollars to...We deserve to know who received the money. Once received, was the money used by banks for trading operations? Is that why the banks now do not segregate on their financial statements from trading operations? What did the banks invest in once they received cash? Who had knowledge of these equity infusions? Did they personally profit? Why wasn't this disclosed to all investors? Why did some have this knowledge and some did not? How did having the insider knowledge of firms secretly receiving hundreds of billions of cash from the Fed impact their investment decisions? How much of the bank revenue was from trading operations? How were their trading investments influenced by knowledge of whom and when the Fed would provide these secret cash infusions? How much of the bonuses at Goldman Sachs and others was based upon trades as a result of the undisclosed to the public information about the Feds actions? Is this why Goldman Sachs was successful in making $100 Million a day in trades for nearly 100 days in a row without fail. If the Fed complicit in a massive defrauding of the American people? We deserve to know. We need a full Congressional investigation to resolve this matter.

Sat, 12/05/2009 - 10:16 | 153802 Anonymous
Anonymous's picture

The longest running and biggest insider trading case ever is the continuous buying of stocks and stock futures by the Federal Reserve and those few banks in the know. Where do you thinks those record profits came from.

Sun, 12/06/2009 - 18:38 | 154433 harveywalbinger
harveywalbinger's picture

Fat Raj SACrifice

Obfuscate alleviate 

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