NEW YORK, July 10 (Reuters) - Archegos Capital
Management founder Sung Kook "Bill" Hwang was convicted of fraud
and other charges by a jury in Manhattan federal court on
Wednesday at a criminal trial in which prosecutors accused him
of market manipulation ahead of the 2021 collapse of his $36
billion private investment firm.
The jury, which began deliberations on Tuesday, found Hwang
guilty on 10 of 11 criminal counts and Patrick Halligan, his
Archegos deputy and co-defendant, guilty on all three counts he
faced. Hwang and Halligan sat flanked by their lawyers as the
verdict was read by a soft-spoken foreperson.
The Archegos meltdown sent shock waves across Wall Street
and drew regulatory scrutiny on three continents. Prosecutors
have said Hwang and Halligan lied to banks in order to obtain
billions of dollars that they used to artificially pump up the
stock prices of multiple publicly traded companies. The trial
began in May.
Hwang, 60, had pleaded not guilty to one count of
racketeering conspiracy, three counts of fraud and seven counts
of market manipulation. Halligan, 47, had pleaded not guilty to
one count of racketeering conspiracy and two counts of fraud.
Halligan was the chief financial officer at Archegos.
They now face maximum sentences of 20 years in prison on
each charge for which they were convicted, though any sentence
would likely be much lower and would be imposed by the judge
based on a range of factors.
When the charges were brought in 2022, the U.S. Justice
Department called the case an example of its commitment to hold
accountable people who distort and defraud U.S. financial
markets.
Jurors heard closing arguments on Tuesday.
The trial centered on the implosion of Hwang's family office
Archegos, which inflicted $10 billion in losses at global banks
and, according to prosecutors, and caused more than $100 billion
in shareholder losses at companies in its portfolio. Prosecutors
said Hwang's actions harmed U.S. financial markets as well as
ordinary investors, causing significant losses to banks, market
participants and Archegos employees.
Hwang secretly amassed outsized stakes in multiple companies
without actually holding their stock, according to prosecutors.
Hwang lied to banks about the size of the derivative positions
of Archegos in order to borrow billions of dollars that he and
his deputies then used to artificially inflate the underlying
stocks, prosecutors said.
Halligan was accused by prosecutors of lying to banks and
enabling the criminal scheme.
During closing arguments, Assistant U.S. Attorney Andrew
Thomas told jurors, "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."
Hwang's defense team painted the indictment as the "most
aggressive open market manipulation case" ever brought by U.S.
prosecutors. Hwang's attorney Barry Berke told jurors in his
closing argument that prosecutors criminalized aggressive but
legal trading methods.
Archegos head trader William Tomita and Chief Risk Officer
Scott Becker testified as prosecution witnesses after pleading
guilty to related charges and agreeing to cooperate in the case.
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 an
alleged $100 billion in value for shareholders and billions at
the banks, including $5.5 billion for Credit Suisse, now part of
UBS, and $2.9 billion for Nomura Holdings ( NMR ).