The collapse of Archegos Capital Administration in spring 2021, which brought about billions in losses for a handful of Wall Avenue banks, was the results of “lies and manipulation” by Invoice Hwang, the agency’s founder, a federal prosecutor advised a jury in Manhattan on Monday.
Throughout closing arguments, Andrew Thomas, the prosecutor, stated that Mr. Hwang had defrauded the banks and different merchants available in the market by artificially inflating inventory costs to pump up the scale of Archegos.
Barry Berke, a lawyer for Mr. Hwang, stated the federal government was criminalizing his shopper’s high-risk buying and selling solely as a result of it brought about losses for the banks that had lent him billions of {dollars}.
“Mr. Hwang guess on corporations he believed in,” Mr. Berke stated. “That isn’t manipulative.”
Mr. Hwang, 60, is charged with 11 counts of securities fraud, wire fraud, conspiracy, racketeering and market manipulation. If convicted on all counts, he may spend the remainder of his life in jail.
The sudden collapse of Archegos not solely brought about almost $10 billion in losses for Wall Avenue banks, but additionally worn out a lot of Mr. Hwang’s private fortune. The agency, which Mr. Hwang had arrange in 2013 as a household workplace, was little-known on Wall Avenue on the time, though it employed a number of dozen individuals and invested tens of billions of {dollars} within the inventory market.
At its peak, Archegos managed $36 billion for Mr. Hwang and his household and managed shares value greater than $100 billion. The agency, which operated like a hedge fund however with restricted regulatory oversight, amassed such massive inventory positions by utilizing refined derivatives and borrowed cash supplied by Wall Avenue banks to inflate its holdings.
However within the span of three days in March 2021, all of it got here crashing down when the costs of a few of these shares started to tumble and the banks demanded to be repaid by Archegos.
The courtroom in Manhattan federal court docket was packed for the closing arguments, with many supporters of Mr. Hwang in attendance. Damian Williams, the U.S. legal professional for the Southern District of New York in Manhattan, was current for a part of the continuing.
The trial, which started in early Could, featured testimony from 21 prosecution witnesses. Prosecutors launched quite a few inside electronic mail communications and textual content messages amongst Archegos staff as proof. In addition they performed a number of recorded conversations between Archegos merchants and staff of the Wall Avenue banks that had supplied the agency entry to billions of {dollars} to make trades.
In his closing argument, Mr. Thomas displayed for the jury key elements of witness testimony and a few of Mr. Hwang’s textual content messages and emails. He advised the jury that Mr. Hwang’s many textual content messages “had been like leaving fingerprints on the scene of the crime.”
Mr. Hwang, whose authorized title is Sung Kook Hwang, didn’t testify on the trial, nor did Mr. Hwang’s co-defendant, Patrick Halligan, the previous chief monetary officer of Archegos.
The prosecution’s case centered on allegations that Mr. Hwang and Mr. Halligan misled banks together with Credit score Suisse, UBS, Morgan Stanley and Goldman Sachs in regards to the agency’s general footprint available in the market. Mr. Thomas advised the jury that Mr. Hwang had “artificially tried to rig costs” of the portfolio of shares the agency held.
“Hwang ran Archegos by means of fraud and Halligan helped him do it,” Mr. Thomas advised the jury.
Two former Archegos staff who had pleaded responsible and cooperated with the authorities had been key witnesses.
Scott Becker, the agency’s former chief danger officer, testified that it was his job to deceive the banks in regards to the dimension of Archegos’s inventory holdings and borrowings in order that the banks would hold lending to the agency. On cross-examination, Mr. Becker stated Mr. Hwang by no means particularly advised him to lie.
However William Tomita, a former prime dealer for Archegos and the federal government’s different star witness, testified that Mr. Hwang had instructed him on give a deceptive image to banks in regards to the agency’s inventory holdings.
Mr. Tomita additionally testified that Mr. Hwang had put in huge purchase orders on the finish of the day to drive up inventory costs. He stated Wall Avenue banks had used the closing value of these shares to find out how a lot cash the agency may borrow.
Mr. Hwang’s authorized crew sought to undermine the 2 key cooperators on cross-examination and with professional testimony that attempted to supply a extra benign clarification for Archegos’s outsized shopping for of shares. Mr. Hwang’s crew known as solely two witnesses.
In his closing argument, Mr. Berke stated a weak point with the prosecution’s case was that Mr. Hwang and Archegos by no means “cashed out” after build up huge positions in shares.
“Mr. Hwang believed in his investments,” he stated. He believed in these shares.”
In the long run, the affect of Archegos’s failure on the broader inventory market was restricted. However the agency’s collapse make clear Wall Avenue’s apply of unrestrained lending to hedge funds and massive household places of work and the chance it may entail.
Talking final month to a bunch of reporters at The New York Occasions, Gary Gensler, the Securities and Trade Fee chair, stated he was involved in regards to the stage of borrowing by hedge funds to make trades. He didn’t remark particularly on Archegos or Mr. Hwang’s trial.
The federal choose overseeing the case, Alvin Ok. Hellerstein, intends to instruct the jury on the regulation on Tuesday, and can then flip over the case to them to determine.
The lengthy trial targeted largely on arcane material however did embody a number of lighter moments. Early within the proceedings, Choose Hellerstein, 90, interrupted testimony from a witness to announce that he had simply discovered he had develop into a great-grandfather. Everybody applauded, together with the legal professionals and the jury.
