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Wall Street Fraud
Encompasses any kind of fraudulent activity or scam affecting Wall Street investors
Wall Street fraud encompasses any kind of fraudulent activity or scam affecting Wall Street investors, including banks.
Wall Street investors are always hunting for an edge on the market. Over the years, many have either fallen victim to greed or taken advantage of it through some unsavory methods.
From Ponzi schemes to insider trading to pump-and-dump schemes, fraudsters have scammed investors and banks out of billions of dollars.
To fully understand how these frauds begin and continue to fool intelligent investors, a number of the most famous cases throughout history will be reviewed.
Having at least a surface-level knowledge of how these types of frauds have been perpetrated in the past could end up saving you a lot of money in the future.
The ability to recognize a possible scam or when something is just too good to be true is extremely important in the fast-moving world of Wall Street.
Through this historical look at Wall Street fraud, we can see when and why investors were not able to identify scams.
History's Most Famous Wall Street Fraudsters
Through this list, we will analyze some of the greatest Wall Street frauds in history. While this list does not cover every fraud in Wall Street history, it will provide the most famous examples of common frauds on the Street.
- First, pump-and-dump schemes will be covered by looking at how Jordan Belfort made millions.
- Next, with Enron as our example, we'll look at fraudulent accounting practices.
- To see how Ponzi schemes begin and proliferate, we can analyze Bernie Madoff and his defunct organization.
- Insider trading will be reviewed through one of the most infamous cases of this kind of fraud in history, Raj Rajaratnam.
- Lastly, and debatably the most complex, we'll take a look at Bill Hwang and how, through hiding his positions, Hwang managed to borrow and ultimately lose billions for banks.
Looking at these examples gives a greater understanding of how greed, reputation, etc., lead to billions being defrauded.
1. Jordan Belfort, a.k.a The Wolf of Wall Street
You might be familiar with Jordan Belfort and his swindling through the film "The Wolf of Wall Street." Yet, in the film, Jordan's Belfort's exploits fail to fully underline how fraudulent Stratton Oakmont's dealings were.
Belfort would acquire a large percentage of a "penny stock," a company with a low market capitalization. These stocks have fewer regulations and are very easy to manipulate due to their low trading volumes.
Jordan's company, Stratton Oakmont, would then call clients and sell these highly speculative penny stocks. While this is not inherently illegal, hiding Belfort's large positions in said companies to clients was.
After this huge push in sales by Stratton Oakmont, while the value of the stock was artificially high, Belfort would sell off his shares. This would create huge profits while tanking the value of the company. This is known as a "pump-and-dump" scheme.
As Stratton Oakmont grew from him and his right-hand-man Danny Porush to an organization of over 1,000 employees, so did the scale of their fraud.
A prime example of Jordan's fraud was shown briefly in the film: the Steve Madden initial public offering (IPO). Stratton Oakmont served as the underwriter (financial aid that, among other things, picks the offering price of each security and purchases and sells securities from the company).
Belfort, as the underwriter, was legally unable to own more than 5% of the issuing company. However, through the use of "ratholes," Jordan managed to own 50% of Steve Madden after the IPO. These "ratholes" were friends and family who owned securities on paper that was, in reality, owned by Belfort.
After the company went public, Stratton Oakmont performed this "pump-and-dump" method. This scheme made millions of dollars in minutes.
After everything was said and done, "The Wolf of Wall Street" managed to defraud investors out of over $200 million. Jordan Belfort was arrested on September 2, 1998, served two years in prison and was ordered to pay $110 million in fines. He still owes an estimated $97 million.
2. Enron
Enron was an energy company demonstrating explosive revenue growth with strong debt ratios in the late 90s and early 2000s. With strong growth prospects, they quickly gained huge buzz on Wall Street.
All of this, however, turned out to be a fraud, done by "cooking the books," a term for falsifying financial statements.
It all began when Enron began utilizing an accounting method called "mark-to-market." The method allowed them to appraise the value of their contracts constantly, predicting the profits they would bring in. This meant that Enron could use projected income and count it as current income.
Using this accounting method, they were able to manipulate future forecasts to falsely inflate revenue exceedingly high.
The false revenues generated, however, also led to tax payments confusingly low for public investors not privy to Enron's fraud.
This was shrugged off by management as good accountants decreasing their taxes through a variety of methods.
To hide their debts, Enron used entities not accounted for on the balance sheet. After purchasing countless acquisitions, they began forming special purpose entities (SPEs).
Using a variety of legal entities, they managed to hide immense portions of their debt and secretly pay large amounts to executives.
Lastly, they hedged their previously mentioned acquisitions with Enron stock through stock options. The way they hedged this risk assumed it would stay at the new high price, largely driven by their fraudulent balance sheet.
After allegations of fraudulent accounting began to spill out, investors became wary. Stock prices fell, and the hedging based on a high Enron stock price caused a domino effect that ultimately led to the collapse of the company.
The accounting malpractice was uncovered along with the countless entities hiding Enron's debt. This led to the incarceration of many of Enron's executives. Jeffrey Skilling, the former Enron CEO, was sentenced to 24 years in prison.
This clearly demonstrates how basic accounting know-how is essential in finance.
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3. Bernie Madoff
Bernie Madoff, unlike the other cases, had an extremely lucrative legal business outside of his fraudulent dealings. Whatever led him to do it, he executed the largest Ponzi scheme in history.
Bernard L. Madoff Investment Securities LLC began in 1960, trading penny stocks with less than $50,000. Madoff was a small fish in a big pond on Wall Street.
The real money started coming to Madoff once he and his brother started dealing in electronic trading focused on market making. The tech developed was the backbone for the creation of the Nasdaq exchange.
Madoff even acted as the chair of the Nasdaq exchange in the 90s. Overall, it brought in around $100 million per year for the firm before Madoff claims the Ponzi scheme even began.
This credible and completely legal venture lent to the credibility Madoff had on Wall Street. So, when his fund offered 10-20% annual returns, investors didn't bat an eye.
Madoff claimed to be using a method of investment known as a split-strike conversion.
This is done by owning an underlying asset, purchasing an out-of-the-money put, and decreasing the possible downside while selling an out-of-the-money call to fund the purchase of the put, limiting potential profits should the asset price rise.
Through executing this strategy on equity indexes, Madoff claimed that he managed to get a return of 10-20% per year. Behind the scenes, however, it was all a lie.
Madoff's scheme and Ponzi schemes, in general, are very simple. The fund began, and Madoff recruited a few early investors, putting all the money into a bank account.
The supposed "returns" given to investors were just earlier investments along with the money from new investors, baited by the steady returns.
This scheme can theoretically go on forever, as long as new investors continue to join and current investors rarely withdraw their money.
These two conditions held strong as current investors were content with the strong returns, and new investors were funneled in constantly. This system worked, according to Madoff, for 17 years, until the stock market crash of 2008, the Great Recession.
When the stock market crash occurred, Madoff's clients wanted to liquidate their positions in the fund, and Madoff couldn't keep up. Bernie confessed to his sons, who promptly turned him in the next day.
Around half of Bernie's investors managed to turn a profit but were forced to give back a portion of their returns to a fund aimed at paying back Madoff's victims.
There was an estimated $17.5 billion invested into the fund. Including the false profits invented by Madoff, more than $65 billion was scammed from investors. Bernie was sentenced to 150 years in 2009.
Bernard Madoff passed away due to natural causes at age 82, on April 14, 2021, in Federal Medical Center, Butner.
4. Raj Rajaratnam
As a hedge fund manager and founder at the Galleon Group, Raj Rajaratnam managed to average a return of 23.25% from the Galleon Diversified Fund.
With over $7 billion under management by Galleon, Raj was doing exceedingly well controlling one of the largest hedge funds in the world.
Rajaratnam amazed the public, predicting, among others
- the merger of AMD and ATI Technologies
- Berkshire Hathaway's investment in Goldman Sachs
Galleon stated that their investment edge was merely due to the deep research they performed on all their positions. This, however, was all lies.
The Federal Bureau of Investigation (FBI) began investigating Rajaratnam for insider trading. Raj, however, was prepared. Anticipating an investigation, Raj had insisted his informants speak exclusively over the phone.
After Galleon turned over 10,000 documents to the FBI, they found some odd instant messages between Raj and "Roomy81," who turned out to be Roomy Kahn, a previous violator of insider trading laws.
After pressure from the FBI, Khan agreed to act as an informant. Raj was baited into some incriminating statements over the phone by Khan while the FBI listened. Using these conversations, the FBI was permitted to wiretap Raj.
Ultimately, Raj was caught and arrested, along with over 50 others connected to Galleon's insider trading.
The FBI uncovered a vast network, convicting employees from companies like AMD, Intel, IBM, McKinsey, Google, Hilton, Goldman Sachs, and more. These insiders would inform Raj of investment opportunities in exchange for a kickback.
The fund was closed, and all its directors were served sentences of 2 to 10 years in prison. Overall, it was estimated that Galleon directors generated $72 million in total from their insider trading.
Rajaratnam was ultimately sentenced to 11 years in prison, a $10 million fine, and forfeiture of over $53 million in profits.
5. Bill Hwang
Bill Hwang is a former employee at the now-defunct Tiger Management, formerly one of the largest hedge funds in the world.
After Tiger Management shut down, Hwang started Tiger Asia Management and did very well for himself. Tiger Asia Management shut down, and he started Archegos Capital Management: a family office.
Family offices manage the assets of a single wealthy family. They are significantly less regulated than a hedge fund, a fact exploited by Hwang in his fraudulent dealings.
Bill Hwang managed to increase his fortune from $1.5 billion to over $35 billion through Archegos Capital Management.
The problems for Hwang began once he started using leverage from banks like Credit Suisse, Goldman Sachs, etc. Using derivative securities, Hwang was able to hide the true extent of his positions, exploiting the lack of public disclosure required in an attempt to manipulate some of the world's largest investment banks.
Hwang was leveraged 5:1 at the collapse of the fund. This means that for every dollar Bill had invested in the fund, 5 dollars were loaned to him from banks on margin, leading to over $100 billion in borrowed funds.
Through a lack of diversification and heavy leverage, Archegos was open to extreme risk from movement in a small handful of stocks.
This movement occurred, and Hwang was caught in margin calls forcing him to close his position, leading to huge drops in the securities Archegos dealt in, forcing further closures of their positions due to more and more margin calls. This domino effect ultimately forced the closure of the firm.
Bill caused huge losses for a multitude of the largest banks. For example, the collapse of Archegos lost $5.5 billion for Credit Suisse through the leverage they provided and subsequently lost.
Bill is believed to still have billions in assets. Currently awaiting sentencing, he faces a maximum of 380 years in prison.
Key Takeaways
Jordan Belfort engaged in multiple pump-and-dump schemes. Belfort would purchase large portions of companies, then push the sale of those same stocks through his company Stratton Oakmont without disclosing his positions to clients. After the price skyrocketed, Belfort would sell his shares, plummeting the value of the company. Jordan defrauded investors out of more than $200 million and was sentenced to 4 years in prison.
A pump-and-dump is a three-step process:
a. An investor or group of investors purchasing shares in a company.
b. They "pump" the stock, aiming to enlist as many other investors as possible.
c. After the shares rise in value, they "dump" the shares, gaining profits. Generally, this selloff leads to a sharp drop, reversing the effects of the "pump."
Using the "mark-to-market" accounting method, Enron was able to falsely inflate future revenues and count it all as current income. Debt and huge executive compensations were hidden in special purpose entities (SPEs). These factors, along with hedging their investments with Enron stock, led to the company's collapse in 2001.
Bernie Madoff ran history's largest Ponzi scheme, using his strong reputation on Wall Street and false "consistent returns" to scam investors out of $65 billion over 17 years. The fraud was ultimately unraveled when enough investors tried to pull out their money during the great recession of 2008.
A Ponzi scheme involves existing investors receiving a "return" from an uninvested pool of money consisting of their investment along with investments from others. Generally, investors believe some form of investment is occurring when in reality, the money is essentially sitting in a bank account.
Raj Rajaratnam, through the hedge fund he founded, the Galleon Group, committed insider trading. Through employees from IBM, AMD, Goldman Sachs, McKinsey, and more, Raj made an estimated $72 million in illicit profits. Rajaratnam was sentenced to 11 years in prison and ordered to pay $63 million in fines in 2011.
Insider trading occurs when a trader enters a position on public security based on material nonpublic information about the security.
Using leverage and enormous undisclosed derivative positions, Hwang, through his family office, Archego Capital management, defrauded some of the world's largest banks out of tens of billions of dollars. Awaiting sentencing, he faces a maximum sentence of 380 years in prison.
Conclusion
These examples have demonstrated that extraordinary returns aren't always the result of extraordinary investing expertise.
Regulatory bodies and watchdog agencies continue to evolve, but so does fraud.
Something as simple as a Ponzi scheme defrauded present-day investors out of billions of dollars. This fact alone is evidence that investing is not a perfectly transparent space controlled by omnipotent regulators.
Cryptocurrency is a prime example of regulation evolving with fraud.
Cases of "rug pull" are increasing. A rug pull occurs when an insider sells off mass quantities of a cryptocurrency, flooding the supply and obliterating value.
Some predict that cryptocurrencies are going to be regulated in the near, reflecting the cycle of fraud regulation. Fraud is committed, regulators act, and fraud evolves.
Ultimately, falsely inflated returns will continue to lure in naive investors, and regulators will continue to lag behind the cutting edge of financial crime.
To avoid losing your own money to Wall Street fraud, keep in mind that what appears "too good to be true" might be just that.
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Researched and authored by James Fazeli-Sinaki | LinkedIn
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