- Daily Update from Securities Docket
- Posts
- Stanford Financial Receiver Paying Out Funds, But Many Victims Have Sold Their Claims to Hedge Funds
Stanford Financial Receiver Paying Out Funds, But Many Victims Have Sold Their Claims to Hedge Funds
Plus reports on the short list for SEC Chairman in a Trump administration.
SPONSORED BY
Good morning! Here’s what’s up.
People
Carolyn Welshhans, former Associate Director in the SEC’s Division of Enforcement, has joined Morgan Lewis as a partner in its Washington, D.C. office.
Bingna Guo has joined Morgan Lewis as a partner in the firm’s Beijing and Shanghai offices.
Clips ✂️
Victims of Stanford Financial’s Fraud Scheme May Soon Be Paid. Some Already Sold Their Claim
It has been 15 years since Thomas Swingle first learned that about $1 million of his family’s savings had gone up in smoke, after the financier Robert Allen Stanford was exposed for having sold billions in fraudulent certificates of deposit to investors around the world.
The memory of those days is still painful.
“It was literally a life-changing event,” Mr. Swingle, 72, said of the $7 billion scheme, which unraveled in early 2009. “It is like someone hit you in the chest with a sledgehammer.”
Now, victims of Mr. Stanford’s company, Stanford Financial, are on the verge of recouping some of their losses, but Mr. Swingle and his wife, Cindy Finch, have to contend with another decision they made: In 2021, they agreed to sell their claim to any future settlement to an investment fund for around $60,000.
That means they won’t get a penny of the funds that are about to be disbursed. Instead, they will all go to the claim buyer.
👉 It is crazy ridiculous remarkable that this case is still going on in 2024. Here is a post I wrote about it in 2009 when Securities Docket was just 11 months old (“Lousy Job of the Week: Piecing Shredded Documents Back Together”).
The crypto executive who could soon be running the SEC
Robinhood Chief Legal Officer Dan Gallagher is emerging as a leading contender to head the Securities and Exchange Commission should Donald Trump win back the presidency, according to a dozen former top regulators, lobbyists and securities lawyers.
***
Other names floating around K Street as potential SEC chairs under Trump include former Commodity Futures Trading Commission Chair Chris Giancarlo, who is known online as “CryptoDad”; former SEC General Counsel Robert Stebbins, now a partner at the law firm Willkie Farr & Gallagher; and current SEC Commissioner Hester Peirce, who occupies a Republican seat on the agency’s five-person commission.
Yet Gallagher’s ascendancy to the chair has long been a matter of when, not if, for some Republicans.
Retail Investor Had Too Much Tesla
On Friday, Bloomberg’s Zeke Faux and Christine Dobby reported on a lawsuit filed by a Canadian carpenter who allegedly made hundreds of millions of dollars day-trading Tesla options and went to Royal Bank of Canada to ask them what to do about it, and they were allegedly like “have you considered putting 200% of your net worth into Tesla options?”
***
Insane! One thing that has always puzzled me about retail financial advice is that people like to ask you about your risk tolerance, like that’s a thing that you could know. But I suppose if you walk into a financial adviser’s office and are like “I have $300 million and it’s all in Tesla options,” she will pull up her new client intake form, and there will be a field for “what is the client’s risk tolerance on a scale of 1 to 10,” and she will write “eight thousand,” and the advice will proceed on that basis. Man if I made $300 million trading Tesla options my risk tolerance would then be zero forever. I would put everything in Treasury bills and gold bars and New Zealand bunkers and $100 bills sewn into my mattress. Nobody stays that lucky for long!
👉 The article by Zeke Faux and Christine Dobby is here.
Attacks on Agency In-House Judges Heat Up, Blunting Enforcement
Agencies face an increasing number of lawsuits challenging the constitutionality of their administrative law judges, with some companies winning temporary enforcement reprieves as courts wrestle with litigation.
***
While challengers often bring several constitutional claims against administrative law judges, the most common allegation is that they are improperly shielded from being removed.
***
The US Court of Appeals for the Fifth Circuit ruled that the Securities and Exchange Commission’s in-house judges are improperly shielded, creating a precedent that hamstrings agencies in Texas, Louisiana, and Mississippi. More cases are pending that could deepen the split among circuit courts.
SPONSORED BY
Securities Enforcement Forum D.C. 2024 is set for November 6, 2024 at the Mayflower Hotel in Washington, D.C.! Join us in person or tune in virtually to hear from 45+ luminaries in the securities enforcement field.
👉 Daily Update readers can register here with a 25% discount by using one of these codes. See you November 6 in Washington, D.C.!!!
In-Person: BLAST432DC25
Virtual: BLAST432V25
"Minding Your Ks and Qs: The Latest Issues and Developments in Financial Reporting Fraud"
Panelists: Jason Flemmons, Senior Managing Director, @Ankura_Consult; Mark Cave, Associate Director, SEC; Jennifer Leete, Partner, @Cravath; Daniel O'Connor, Partner, @RopesGray; Jonathan… x.com/i/web/status/1…
— Securities Docket (@SecuritiesD)
8:46 PM • Sep 12, 2024
FTX received court approval of its bankruptcy plan, which will allow it to fully repay customers using $16 billion in assets recovered since the once-leading crypto exchange collapsed reut.rs/3Nf5pBh
— Reuters Legal (@ReutersLegal)
7:29 PM • Oct 7, 2024
So troubling. I vote Republican a lot, but President Trump is making it very hard for me in 2024. IMHO, these spurious Trump crypto-projects raise issues of state/federal securities regulation, campaign finance and overall integrity. Thoughts, @mcuban ?
— John Reed Stark (@JohnReedStark)
12:14 PM • Oct 8, 2024
Costco gold bars selling out quickly as bullion prices rise: survey trib.al/Xp6u6Ja
— New York Post (@nypost)
5:55 PM • Oct 7, 2024
The S&P and Nasdaq are up 40% and 56%, respectively, since this tweet
— Freezing Cold Finance Takes (@FreezingFinTake)
9:45 PM • Oct 5, 2024
👉 What’s next, a Freezing Cold Takes for law? Don’t tempt me. 😀