DOJ:SEC Joint Task Force file charges against Short Seller Andrew Left
Over a year ago Andrew Left was identified by Bloomberg as living in fear of the feds, and today that fear was realized. Today, The US Department of Justice and the Securities Exchange Commission filed criminal and civil charges, respectively, against the infamous short seller.
This morning the SEC released a statement addressing the civil complaint, saying "“Andrew Left took advantage of his readers. He built their trust and induced them to trade on false pretenses so that he could quickly reverse direction and profit from the price moves following his reports,” said Kate Zoladz, Director of the SEC’s Los Angeles Regional Office. “We uncovered these alleged bait-and-switch tactics, which netted Left and his firm $20 million in ill-gotten profits, and we intend to hold Left and his firm accountable for their actions.”
They continued" [Defendants] falsely represented to the market that Citron Research was an independent research outlet that had never received compensation from third parties to publish information about target companies when, in fact, the defendants had entered into compensation arrangements with hedge funds." 👀
"A federal grand jury in the Central District of California returned an indictment yesterday charging a prominent activist short seller with multiple counts of securities fraud for a long-running market manipulation scheme reaping profits of at least $16 million.
According to the indictment, Andrew Left, 54, formerly of Beverly Hills, California, and now a resident of Boca Raton, Florida, was a securities analyst, trader, and frequent guest commentator on cable news channels such as CNBC, Fox Business, and Bloomberg Television. Left conducted business under the name “Citron Research” (Citron), an online moniker he created as a vehicle for publishing investment recommendations. Citron’s online presence included a website and a social media account on X, formerly known as Twitter."
Today that task force did the work it foreshadowed. Notably, the complaint alludes to unnamed Hedge Funds participating in elements of the alleged market manipulation scheme. If that is indeed the case, then we can expect more from the task force on this topic. As a general matter, The DOJ playbook is charging the low-hanging fruit - the lackies - first and getting them to roll-up on potential co-conspirators. Here, it’s possible and even likely “hedge funds” are implicated in the scheme and if so they would represent the primary targets of the investigation.
This is very encouraging to see! It's a big deal - the first real action against this kind of market manipulation and abuse to arise out of the DOJ's short selling task force. It's also notable that the complaint calls out Anson Funds. I'm looking forward to more actions being taken and more firms called out both with civil and importantly CRIMINAL charges (from the DOJ). We all know this is the tip of the iceberg, and let's hope it's step 1 of many more.
Sure hope this is step 1. It's not unheard of US regulators assisting the elimination of competitors. So I'm cautiously optimistic. Extremely cautious. Mildly optimistic. Will be a vocal advocate when proven otherwise. The timing sucks - should have been 6 months ago so they could wrap it up before September. This leaves open the possibility of wealthy political contributors seeking favors.
I can only imagine the complexity of untangling this stuff into some narrative that makes sense in legal proceedings. It has been such a long time coming I think a lot of folks including myself were starting to feel like it would never come to fruition. Really glad to see this, I'm sure everyone here will be watching very closely to see how it all unfolds.
That sentiment is completely reasonable, these investigations are immensely complex and if this is part of something larger there's a lot of game theory that goes into prosecutors' actions.
Agree that this is a great first step, but I find it infuriating that the charges do not name (or have additional charges for) 'the hedge fund' paying for the manipulation:
Left also created phony invoices for “consulting services” that he did not provide for the purpose of concealing that he was receiving over $1 million from a hedge fund in exchange for Citron Research publishing certain reports and tweets.
Sure, Citron was in charge of the manipulation, but not taking any action against the entity backing the manipulation tells me that the DOJ/SEC is only willing to go after the low hanging fruit.
To me this also implies: they are fully aware of which hedge fund was funding the operation, and yet clearly are unable or unwilling to call them out.
They're going to give Andrew a chance to rat out his friends, before they name the hedge fund. That's how this process works, same as if was any other organized crime investigation. Knowing what a sleezeball he is, I'm fairly confident he'll be cooperating with them.
This is a very strong indication that there is a larger case being pursued. Typically prosecutors seek to flip someone with highlevel understanding of a crime, but low level overall criminality, so that they can extract as much information about collaborators or co-consiprators in for example RICO case - in this case by clearly identifying "hedge funds" in this instance as participants in the bad acts you can be rest easy knowing those hedge funds aren't out of the woods yet. Things are just getting started.
You might find this breakdown (32 min. video) by Patrick Boyle interesting. There are some chargeable offenses but there are also murky ethics. As they say, it is like trying to nail Jello to the wall. In this case, citrus flavored Jello. I'm hopeful something good comes out of this but may see it as just another disappointment.
@Alex - why is prosecuting so hard here? Seems like there is too much benefit of doubt going to criminals.
Over a year ago Andrew Left was identified by Bloomberg as living in fear of the feds, and today that fear was realized. Today, The US Department of Justice and the Securities Exchange Commission filed criminal and civil charges, respectively, against the infamous short seller.
This morning the SEC released a statement addressing the civil complaint, saying "“Andrew Left took advantage of his readers. He built their trust and induced them to trade on false pretenses so that he could quickly reverse direction and profit from the price moves following his reports,” said Kate Zoladz, Director of the SEC’s Los Angeles Regional Office. “We uncovered these alleged bait-and-switch tactics, which netted Left and his firm $20 million in ill-gotten profits, and we intend to hold Left and his firm accountable for their actions.”
They continued" [Defendants] falsely represented to the market that Citron Research was an independent research outlet that had never received compensation from third parties to publish information about target companies when, in fact, the defendants had entered into compensation arrangements with hedge funds." 👀
The SEC’s complaint is notable as it was filed in the United States District Court for the Central District of California, which - just a mere hour later - also this morning filed a complaint - comprising CRIMINAL charges - against Citron and Left, saying:
"A federal grand jury in the Central District of California returned an indictment yesterday charging a prominent activist short seller with multiple counts of securities fraud for a long-running market manipulation scheme reaping profits of at least $16 million.
According to the indictment, Andrew Left, 54, formerly of Beverly Hills, California, and now a resident of Boca Raton, Florida, was a securities analyst, trader, and frequent guest commentator on cable news channels such as CNBC, Fox Business, and Bloomberg Television. Left conducted business under the name “Citron Research” (Citron), an online moniker he created as a vehicle for publishing investment recommendations. Citron’s online presence included a website and a social media account on X, formerly known as Twitter."
Readers will recall that late last year, the US DOJ Attorney's office for the Central District of California formed a joint task force with the SEC to pursue fraud and market manipulation conducted by individuals.
Today that task force did the work it foreshadowed. Notably, the complaint alludes to unnamed Hedge Funds participating in elements of the alleged market manipulation scheme. If that is indeed the case, then we can expect more from the task force on this topic. As a general matter, The DOJ playbook is charging the low-hanging fruit - the lackies - first and getting them to roll-up on potential co-conspirators. Here, it’s possible and even likely “hedge funds” are implicated in the scheme and if so they would represent the primary targets of the investigation.
tl;dr stay tuned.
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This is very encouraging to see! It's a big deal - the first real action against this kind of market manipulation and abuse to arise out of the DOJ's short selling task force. It's also notable that the complaint calls out Anson Funds. I'm looking forward to more actions being taken and more firms called out both with civil and importantly CRIMINAL charges (from the DOJ). We all know this is the tip of the iceberg, and let's hope it's step 1 of many more.
💯
Sure hope this is step 1. It's not unheard of US regulators assisting the elimination of competitors. So I'm cautiously optimistic. Extremely cautious. Mildly optimistic. Will be a vocal advocate when proven otherwise. The timing sucks - should have been 6 months ago so they could wrap it up before September. This leaves open the possibility of wealthy political contributors seeking favors.
It's a good step in the right direction, but I fear we need a lot more and a lot faster to see some of the change we need in the markets
Was there never a case against short-and-distort tactics? Or in which sense is this new? I'm not sure about what Andrew Left did specifically.
Man, this reads like poetry
🔥! I bet Kenny and friends are getting very nervous.
I can only imagine the complexity of untangling this stuff into some narrative that makes sense in legal proceedings. It has been such a long time coming I think a lot of folks including myself were starting to feel like it would never come to fruition. Really glad to see this, I'm sure everyone here will be watching very closely to see how it all unfolds.
That sentiment is completely reasonable, these investigations are immensely complex and if this is part of something larger there's a lot of game theory that goes into prosecutors' actions.
Agree that this is a great first step, but I find it infuriating that the charges do not name (or have additional charges for) 'the hedge fund' paying for the manipulation:
Left also created phony invoices for “consulting services” that he did not provide for the purpose of concealing that he was receiving over $1 million from a hedge fund in exchange for Citron Research publishing certain reports and tweets.
Sure, Citron was in charge of the manipulation, but not taking any action against the entity backing the manipulation tells me that the DOJ/SEC is only willing to go after the low hanging fruit.
To me this also implies: they are fully aware of which hedge fund was funding the operation, and yet clearly are unable or unwilling to call them out.
At least, so far.
They're going to give Andrew a chance to rat out his friends, before they name the hedge fund. That's how this process works, same as if was any other organized crime investigation. Knowing what a sleezeball he is, I'm fairly confident he'll be cooperating with them.
This is how it works, correct.
This is a very strong indication that there is a larger case being pursued. Typically prosecutors seek to flip someone with highlevel understanding of a crime, but low level overall criminality, so that they can extract as much information about collaborators or co-consiprators in for example RICO case - in this case by clearly identifying "hedge funds" in this instance as participants in the bad acts you can be rest easy knowing those hedge funds aren't out of the woods yet. Things are just getting started.
Great point - but let's see what else comes out. I'm cautiously optimistic at this point.
CNBC in shambles... /s
Their on-air stooge pool has a new opening.
When life gives you lemons citrons....
This is one squeeze I can get behind, it'll be interesting to learn what else the SEC has cooking!
haha nice!
WOW!
Just the beginning. I’d say we’re entering the 4th chapter of the saga … a consequential one for many.
Lord, if only I could live to see Kenny as low hanging fruit.
As long as this doesn't end up in front of SCOTUS... let's see how it goes.
You might find this breakdown (32 min. video) by Patrick Boyle interesting. There are some chargeable offenses but there are also murky ethics. As they say, it is like trying to nail Jello to the wall. In this case, citrus flavored Jello. I'm hopeful something good comes out of this but may see it as just another disappointment.
@Alex - why is prosecuting so hard here? Seems like there is too much benefit of doubt going to criminals.
https://www.youtube.com/watch?v=pdBTuwmsx3Q
But what about earlier this year that Texas Judge, that said a pump and dump scheme is no wire fraud? (I don't know I can post hyperlinks..)