Beacon Rock faces market timing charges

In the first criminal case against a hedge fund for market timing, Beacon Rock Capital LLC and a former broker were charged with defrauding mutual funds of $2.4 million.
MAR 21, 2007
In the first criminal case against a hedge fund for market timing, Beacon Rock Capital LLC and a former broker were charged with defrauding mutual funds of $2.4 million. The U.S. Attorney in the Eastern District of Pennsylvania charged Beacon Rock and Thomas Gerbasio, a New York- and Philadelphia-based broker, with fraudulently engaging in market-timing activities, U.S. Attorney Pat Meehan said in a statement. According to the charges, the Portland, Ore.-based hedge fund and Mr. Gerbasio received and were aware of several warnings from mutual fund companies that such market timing was "unwanted" and "potentially harmful" to shareholders. Some of the practices included creating and using multiple account numbers and other identifiers, structuring mutual fund purchases to remain under certain perceived thresholds, and misrepresenting the hedge fund's trading strategy when directly confronted by the mutual funds, the statement said. "These defendants would not have been able to make the money that they did on the trades had they not represented themselves to the mutual funds," said Mr. Meehan, in the statement. The statement said Beacon Rock made more than 26,000 market-timing trades, while Mr. Gerbasio, earned about $215,000 from them, it added. If convicted, Beacon Rock faces a maximum $25 million fine and Mr. Gerbasio a maximum of 20 years in jail, a $5 million fine. "The company has been cooperating with the U.S. Attorney's office and all government agencies," said Scott A. Resnik, partner at Katten Muchin Rosenman LLP in New York, the firm representing Beacon Rock. "It is important to recognize that no Beacon Rock employees are accused of any criminal wrongdoing or behaviors." He added that Beacon Rock ceased any market timing activities in 2003.

Latest News

Mesirow acquires part of flexPATH in second retirement deal of 2026
Mesirow acquires part of flexPATH in second retirement deal of 2026

Chicago-based Mesirow Fiduciary Solutions adds flexPATH's plan-level outsourced fiduciary book, boosting its retirement market reach to $164 billion.

Advisor moves: LPL lands $350M veteran advisor duo in Florida
Advisor moves: LPL lands $350M veteran advisor duo in Florida

Also, Raymond James's employee advisor channel adds breakaways from Wells Fargo and Stifel, while UBS welcomes an ex-Morgan Stanley duo in Indiana.

SEC accuses crypto firm founder of running $425 million Ponzi scheme
SEC accuses crypto firm founder of running $425 million Ponzi scheme

It promised guaranteed principal and 10% monthly returns. The SEC says it invested nothing.

MassMutual Ascend tops $2 billion in RIA annuity sales as advisors warm to income products
MassMutual Ascend tops $2 billion in RIA annuity sales as advisors warm to income products

Ten years after entering the fee-based annuity market, MassMutual Ascend says nearly half its lifetime sales came in the past two years alone – but barriers remain among fee-only advisors.

Fintech bytes: Wealth tech firms target advisor productivity with new integrations
Fintech bytes: Wealth tech firms target advisor productivity with new integrations

Amplify, WealthReach, Zeplyn and Zocks have unveiled partnerships aimed at automating portfolio management, content creation, account opening, and client communication.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income