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Jury hears closing arguments in Manhattan federal court
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Prosecutors: Hwang manipulated stock prices, lied to banks
(Recasts first paragraph, adds details from closing arguments
in paragraphs 5-6 and 12-14)
By Jody Godoy
NEW YORK, July 8 (Reuters) - The 2021 collapse of Sung
Kook "Bill" Hwang's Archegos Capital Management was driven by
"lies and manipulation," a federal prosecutor told a Manhattan
jury on Monday at his criminal trial over the $36 billion
private investment fund's failure.
Jurors heard closing arguments from the prosecution and
defense in Manhattan federal court in the trial of Hwang and
Patrick Halligan, his Archegos deputy and co-defendant.
The trial centers around the implosion of Hwang's family
office Archegos - a spectacular collapse that left global banks
nursing $10 billion in losses and, according to prosecutors,
caused more than $100 billion in shareholder losses at companies
in its portfolio.
Hwang's attorney Barry Berke told jurors Archegos collapsed
due to a series of unexpected events in March 2021, and said
prosecutors have criminalized aggressive but legal trading
methods. Had the banks not lost money, Berke said, "we would
never be here, Mr. Hwang would never be charged with a crime."
Assistant U.S. Attorney Andrew Thomas told jurors that Hwang
manipulated stocks and worked with Halligan to lie to the banks
with which they traded.
"By 2021, the defendants' lies and manipulation had ensnared
nearly a dozen stocks and half of Wall Street in a $100 billion
fraud, a fraud that came crashing down in a matter of days,"
Thomas said.
Testimony in the trial, which began in May, showed that
Hwang directed Archegos employees to lie to banks and trade in
ways intended to drive up the price of stocks he had bet on,
Thomas said. Hwang "behaved as though the rules didn't apply to
him," Thomas added. In fact, Thomas said, the two defendants
"made fraud their business."
Prosecutors have accused Hwang of secretly amassing outsized
stakes in multiple companies without actually holding their
stock. Hwang lied to banks about the size of Archegos'
derivative positions to borrow billions of dollars that he and
his deputies then used to inflate the underlying stocks,
according to prosecutors.
Hwang, 60, pleaded not guilty to one count of racketeering
conspiracy and 10 counts of fraud and market manipulation. His
lawyers have said the case is the "most aggressive open market
manipulation case ever" brought by prosecutors. Halligan, 47,
pleaded not guilty to fraud and racketeering conspiracy.
If convicted, they face maximum sentences of 20 years in
prison on each charge, though any sentence would likely be much
lower and would be imposed by the judge based on a range of
factors.
Archegos head trader William Tomita and Chief Risk Officer
Scott Becker testified after pleading guilty to related charges
and agreeing to cooperate with prosecutors.
Berke told jurors on Monday that Becker testified to lying
but not at Hwang's direction, and that Tomita had told
prosecutors what they wanted to hear.
According to the U.S. Attorney's Office for the Southern
District of New York, which brought the case, Hwang's positions
eclipsed those of the companies' largest investors, driving up
stock prices. At its peak, prosecutors said Archegos had $36
billion in assets and $160 billion of exposure to equities.
When stock prices fell in March 2021, the banks demanded
additional deposits, which Archegos could not make. The banks
then sold the stocks backing Hwang's swaps, wiping out $100
million in value for shareholders and $40 billion at the banks,
including $5.5 billion for Credit Suisse, now part of UBS
, and $2.9 billion for Nomura Holdings ( NMR ).