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
By  Bloomberg
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

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.