ARTICLE
26 March 2018

Federal Court Sentences False EDGAR Filer To Prison For Securities Manipulation

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
An individual from Virginia was sentenced to two years in prison for filing false information through the SEC public database ("EDGAR") in order to manipulate the price of certain issuer securities.
United States Corporate/Commercial Law

An individual from Virginia was sentenced to two years in prison for filing false information through the SEC public database ("EDGAR") in order to manipulate the price of certain issuer securities.

In the case before the U.S. District Court for the Southern District of New York, Robert W. Murray pled guilty to manipulating the price of Fitbit, Inc. ("Fitbit") securities. Mr. Murray accessed EDGAR by purporting to be a sham Chinese company, and took steps to disguise his identity and his internet protocol address. Mr. Murray filed a fake tender offer for Fitbit under the name of the sham company. The offer was made at a substantial premium to Fitbit's stock price, driving up the value of the shares. Mr. Murray then sold his Fitbit options.

Mr. Murray pled guilty to one count of securities fraud on November 7, 2017. On March 9, 2018, he was sentenced to two years of imprisonment.

The SEC previously filed a civil action against Mr. Murray for the same misconduct, which was stayed pending the results of the criminal case. According to the SEC, Mr. Murray sold his Fitbit options for a profit of $3,118.

Commentary / StevenLofchie

A lot of work and two years' time for $3,118 - on which he would have had to pay taxes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More