July 26, 2013

SAC Capital Advisors Pleads Not Guilty to Fraud

Steve Cohen's hedge fund firm enters plea in Manhattan federal court following indictment for wire and securities fraud.

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  • Client Communication and Miscommunication RIA policies and procedures must specify what type of communications should be retained. The safest course of action is for RIAs to retain all communications—to clients, from clients, and about client accounts.  To comply with fiduciary obligations, communications must be thorough and not mislead.
  • Anti-Fraud Provisions of the Investment Advisers Act RIAs and IARs should view themselves as fiduciaries at all times, whether they meet the legal definition or not.  Deviating from the fiduciary standard of full disclosure while courting clients may cause the advisor significant problems.

NEW YORK (AP) — A not guilty plea has been entered on behalf of a large hedge fund charged in a criminal indictment with letting insider trading occur over a 10-year period.

The plea was entered Friday morning in Manhattan federal court by Peter Nussbaum, longtime general counsel for SAC Capital Advisors. It happened a day after the company was charged with wire and securities fraud.

A prosecutor says the evidence is "voluminous."

Stamford, Conn.-based SAC said in a statement after the charges were announced that it will continue normal operations.

It said it "has never encouraged, promoted or tolerated insider trading and takes its compliance and management obligations seriously."

The company is owned by embattled billionaire Steven A. Cohen. He has not been charged.

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Read more about the charges brought against SAC Capital Advisors.

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