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Hwang’s Spectacular Collapse Culminates in Criminal Charges – Yahoo News Canada

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(Bloomberg) — Bill Hwang, the enigmatic investor behind one of the most spectacular trading debacles in Wall Street history, was arrested Wednesday morning over what federal prosecutors characterized as a vast, criminal scheme to mislead banks and manipulate markets.

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A year after the collapse of Hwang’s private investment firm, Archegos Capital Management, sent shock waves through global finance, prosecutors provided their first full account of what happened inside the firm – and new details about the scale of Hwang’s trading and the origins of his strategy.

Hwang was charged with fraud, and Patrick Halligan, the chief financial officer of Archegos, was also arrested and charged with fraud. If convicted of all charges, Hwang faces as many as 380 years in prison. Both men pleaded not guilty in a lower Manhattan courtroom Wednesday and were released on bail.

The collapse of Archegos – Hwang’s family office that was virtually unknown even on Wall Street – exposed gaping holes in how major banks manage their risks, as well as in how regulators oversee Wall Street. A year on, Credit Suisse AG, among others, is still coping with the fallout. Hwang’s spectacular gains and losses extended to such well-known stocks as entertainment giant ViacomCBS Inc.

The two men were charged with 11 criminal counts, including racketeering conspiracy, market manipulation, wire fraud and securities fraud, according to an indictment unsealed Wednesday. The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission filed related civil complaints as well.

Hwang’s Arrest Reveals Surprising Details on Spectacular Decline

Some of the allegations made by prosecutors have been known since Archegos’s implosion, such as Hwang’s use of swaps to keep the fund’s stock positions below 5% to avoid triggering required disclosures, and his misleading banks about his portfolio composition and the specific stocks he wagered on.

Get caught up on the Archegos saga: What Was Bill Hwang Thinking?

But authorities Wednesday revealed the extent of the fraud: Hwang allegedly inflated the value of his portfolio from $1.5 billion to more than $35 billion in one year, and brought the total size of Archegos’s market positions — including borrowed money — to a whopping $160 billion at its peak.

“The scale of the trading was stunning,” Damian Williams, the U.S. Attorney for the Southern District of New York, told reporters Wednesday. “This was not business as usual or some sophisticated strategy — it was fraud.”

The documents also reveal a shift in Hwang’s investment process that began after his move to remote work with the Covid-19 pandemic, spending more time communicating with traders than analysts.

Bloomberg Opinion’s Matt Levine Asks: ‘What Was Bill Hwang Thinking?”

Prosecutors also allege that Hwang coordinated certain trades with a close friend and former colleague at an unnamed hedge fund to maximize his market impact. The fund manager, identified only as “Adviser-1”, is Tao Li, the head of Teng Yue Partners, Bloomberg reported Wednesday. Li, an acolyte of Hwang’s, and Teng Yue haven’t been accused of wrongdoing, and the firm didn’t respond to messages seeking comment.

Bill Hwang Acolyte Li Draws Scrutiny After Loss on Big China Bet

“Bill Hwang is entirely innocent of any wrongdoing,” his lawyer Lawrence Lustberg said in a statement. “There is no evidence whatsoever that he committed any kind of crime, let alone the overblown allegations that pervade this indictment.” Lustberg said Hwang had been cooperative with investigations into Archegos.

The CFO’s lawyer, Mary Mulligan, said in a statement, “Pat Halligan is innocent and will be exonerated.”

With his sweptback salt-and-pepper hair and donning a face mask, green turtleneck and tan pants, Hwang appeared in court Wednesday afternoon to enter his not guilty plea. He agreed to pay $5 million in cash and pledged two properties to secure a $100 million bond, while Halligan agreed to $1 million bail. Both men agreed to restrict their travel.

The indictment said Archegos’s positions were inflated with the use of borrowed money and derivative securities that required no public reporting. When the market turned against the positions in March 2021, Hwang directed the fund’s traders to go on a buying spree in an attempt to prop up their price, federal prosecutors charged.

In addition to Hwang and Halligan, the U.S. named William Tomita and Scott Becker, former senior executives at Archegos, as conspirators. They have pleaded guilty and are cooperating with authorities. The men, who were named as defendants in the SEC suit, have also agreed to work with the CFTC and SEC.

Speaking at a white-collar crime conference in New York Wednesday morning, Deputy U.S. Attorney General Lisa Monaco said the case against Hwang, 57, and Halligan, 45, “really typifies and exemplifies the focus we are placing on holding individuals accountable when it comes to corporate crime and when it comes to corporate malfeasance.”

Bank Losses

Archegos imploded after amassing a concentrated portfolio of stocks by using borrowed money. It collapsed after some of the shares tumbled, triggering margin calls from banks, which then dumped Hwang’s holdings. Banks lost more than $10 billion, prompting the departures of several senior executives and probes into the way firms monitor the risks run by their businesses serving hedge funds.

Fortunes diverged among the firms that Archegos dealt with: Credit Suisse, Nomura Holdings Inc. and Morgan Stanley incurred some of the steepest losses. Others, including Goldman Sachs Group Inc., Wells Fargo & Co. and Deutsche Bank AG, escaped relatively unscathed.

Prosecutors said Hwang and Halligan “repeatedly made materially false and misleading statements about Archegos’s portfolio of securities to numerous leading global investment banks and brokerages,” which encouraged them to trade with and extend credit to Archegos, the government said.

Authorities said Hwang was aware that Archegos could move the market.

In June 2020, when an Archegos analyst texted him whether the increase in ViacomCBS’s stock price that day was “a sign of strength,” Hwang responded, “No. It is a sign of me buying,” followed by a “tears of joy” emoji.

In addition to ViacomCBS, which has since been renamed to Paramount Global, the securities allegedly manipulated by Hwang were Discovery Communications Inc., Tencent Music Group, Texas Capital Bancshares Inc. and Rocket Companies Inc.

The criminal conduct allegedly involved concealing and deceiving the true size of the fund’s positions, liquidity and concentration from counterparties, by spreading the trades around with several different banks. When the banks began asking the fund about the size of its positions, it typically claimed any single holding was no more than 35% of its capital; in truth, prosecutors said, its holdings in Viacom at one point were equivalent to 96% of its capital.

‘Working the Orders’

It also involved buying up shares purely to keep their price aloft, prosecutors charged.

The scheme began to unravel on March 23 of last year, prosecutors said, the day Viacom announced a secondary stock offering. Shares began to decline in anticipation of more stock coming onto the market; Viacom was such a key holding to Archegos that Hwang attempted to defend the price by engaging in “an extraordinary amount of trading” in an effort to overpower the market. Though Halligan questioned the strategy, Hwang told his traders to “just keep working the orders,” according to the indictment. The effort failed.

Prosecutors said Hwang typically invested through cash equity purchases until the size of his positions approached 5% of the outstanding shares of a company. Once it neared that threshold, he would then switch to a new method of trading to avoid public disclosure of his holdings.

Using a so-called “total return swap,” he would then enter into contracts with banks that would pay out if share prices increased, but impose costs if they went down. In some cases his positions equated to more than 50% of the outstanding shares of the companies he invested in, according to the indictment.

“They lied, a lot,” U.S. Attorney Williams said Wednesday. “They lied about how big Archegos investments had become, they lied about how much cash Archegos had on hand, they lied about the nature of the stocks that Archegos held. They told those lies for a reason — so that the banks would have no idea that Archegos was really up to a big market manipulation scheme.”

(Updates with potential prison sentence in third paragraph.)

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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:TRP)

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:BCE)

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