New York, Dec
17: US authorities are investigating Steven A. Cohen's SAC
Capital Advisors hedge fund for possible insider trading in the shares
of the popular diet company Weight Watchers International Inc, according
to people familiar with the matter.
The investigation focuses on trading in Weight Watchers shares in
the first half of 2011, when SAC Capital had taken a sizeable position
in the stock, and potentially could implicate the billionaire hedge fund
manager, the sources said.
Regulatory filings show that Cohen's $14 billion fund briefly held
2.1 million shares in Weight Watchers during the period under scrutiny
by authorities - at which time the diet company's stock price roughly
doubled.
The inquiry is in its early stages and it is not clear whether
anything improper was done either by SAC Capital or Cohen himself, said
the people familiar with the matter, who requested anonymity. The
trading in Weight Watchers would be permissible as long as it was based
on fundamental research or derived from individuals who did not have
access to non-public corporate information.
An SAC Capital spokesman said the firm was not aware of any
investigation involving Weight Watchers. A spokeswoman for Manhattan
U.S. Attorney Preet Bharara declined to comment. A spokesperson for
Weight Watchers did not immediately respond to a request for comment.
The new line of pursuit ratchets up pressure on Cohen, 56, one of
the hedge fund industry's most successful and best-known managers. The
spotlight the probe casts on SAC Capital and Cohen could further rattle
the hedge fund's investors, who account for roughly 40 percent of the
firm's capital.
Two weeks ago, U.S. prosecutors charged a former SAC Capital
employee, Mathew Martoma, with using inside information to generate
profits and avoid losses totaling $276 million in shares of two drug
stocks. The U.S. Securities and Exchange Commission also has formally
warned SAC Capital that the firm could face civil charges.
A number of SAC's investors have said they have not made a decision
on whether to redeem money from the firm. Investors have until
mid-February to put in a redemption notice.
Martoma has not
entered a plea but his lawyer has said he expects to be exonerated. SAC
has declined to comment beyond saying, "Mr. Cohen and SAC are confident
that they have acted appropriately."
Martoma is the seventh former SAC Capital employee to be charged or
implicated by federal authorities for insider trading. The criminal
complaint against Martoma, who last worked for CR Intrinsic, an
affiliated fund of SAC Capital in 2010, for the first time alleges that
Cohen personally approved the decision to sell-out of a big stake the
hedge fund had in shares of Elan Corp and Wyeth, now part of Pfizer Inc.
Separately, U.S. authorities are also investigating SAC for
suspicious trading in shares of biotech company InterMune Inc. in 2010,
according to one of the people familiar with the probes. Officials at
InterMune weren't immediately available for comment. The SAC spokesman
declined to comment on the InterMune investigation.
Federal authorities have not charged Cohen, whose net worth is
estimated by Forbes at about $8.8 billion as of September this year. The
hedge fund manager has told his investors and 900 employees that
neither he nor the firm has done anything improper in response to
Martoma's arrest.
It's not clear what has prompted federal authorities to look into
Stamford, Conn.-based SAC Capital's trading in shares of Weight
Watchers. One of the people familiar with the investigation said
authorities are looking at trading that both booked hefty profits and
avoided losses for SAC Capital.
Over his 20 years in the business, Cohen has emerged as one of the
pioneers of sophisticated trading. His funds, which charge some of the
highest fees in the $2 trillion industry, has boasted an average annual
return of 30 percent since launch in 1992.
This year, SAC Capital's main fund is up about 12 percent, compared
to the industry average of just over 5 percent. SAC Capital's only down
year was in 2008, when it lost 19 percent of its value.
Cohen has
endured federal authorities looking into trading at his firm for about
five years now. The investigation into SAC Capital ran parallel with the
federal government's undercover investigation that led to the October
2009 arrest of Galleon founder Raj Rajaratnam, who was convicted by a
federal jury on May 2011 on 14 counts of insider trading.
SAC Capital's big move into Weight Watcher's stock in early 2011
gained attention in part because it came at a time that the
once-heavyset Cohen had lost about 20 pounds. (It's not clear if he used
Weight Watchers.) The trader has said he lost the weight to help with a
chronic bad back.
A first quarter 2011 regulatory filing for SAC Capital showed the
firm had acquired 2.1 million shares of the stock. But by the end of the
next quarter, a subsequent filing revealed the hedge fund had unloaded
nearly all of those shares.
It is not uncommon for a rapid-fire trading firm like SAC Capital to
move in and out stocks - even big positions. SAC Capital, in
particular, is not known for holding stocks for a long time.
SAC
Capital's trading strategy relies on analysts and portfolio managers
gathering information about a company's prospects before making a
trading decision. Cohen has told people privately he believes his firm
has drawn unwanted scrutiny from the government because of its long
history of success.
Cohen has become an avid art collector in recent years, with a
number of Jeff Koons sculptures gracing the grounds of his 30-room
mansion in Greenwich, Conn.
Cohen, who grew up on Long Island in
Great Neck, New York, is also pursuing the kind of charitable legacy
building done by other famous Wall Street money managers. In 2010, the
North Shore-LIJ's pediatric hospital was renamed the Steven and
Alexandra Cohen Children's Medical Center of New York, after Cohen and
his second wife in recognition of their donations.
More recently, he took a minority ownership stake in the New York
Mets baseball team after failing to win the rights to buy another team,
the Los Angeles Dodgers.
Ends
SA/EN
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