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

Treasury sets auto-enrollment rules for Trump Accounts, potentially adding 60 million more children
Treasury sets auto-enrollment rules for Trump Accounts, potentially adding 60 million more children

Parents must still act to get the $1,000 federal seed and employer contributions, giving financial advisors a role in the rollout.

FINRA bars former LPL broker for stealing $1.7 million from customers
FINRA bars former LPL broker for stealing $1.7 million from customers

FINRA booted Rudy Anguiano from the industry for “conversion - the intentional and unauthorized taking of another person’s property.”

IRS targets 351 ETF conversions in new guidance on tax strategies
IRS targets 351 ETF conversions in new guidance on tax strategies

Notice 2026-62 also flags box spread ETFs and tax-aware fund trades as Treasury opens month-long consultation period.

Waverly Advisors buys $1.7B Richmond RIA
Waverly Advisors buys $1.7B Richmond RIA

Heartwood Wealth Advisors deal marks the serial acquirer's 36th-ever transaction as third-quarter RIA M&A volume slips 19%

Anthropic's landmark IPO filing shows 12-fold revenue jump, $518B compute bill
Anthropic's landmark IPO filing shows 12-fold revenue jump, $518B compute bill

The AI lab disclosed more than $8 billion in 2025 losses on an operating basis as financial advisors weigh a supersized listing likely to land past the midterms.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor

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