Regulators order hedge fund manager to pay $300m on accusation of defrauding clients
NEW YORK (Bloomberg) — Philadelphia Alternative Asset Management Co. and the hedge fund's founder, Paul Eustace, were ordered to pay almost $300 million by a federal court after US commodities regulators accused him of defrauding clients.
Eustace consented to an order that he pay $279 million in restitution, plus a $12 million fine, the Commodity Futures Trading Commission said on Tuesday in a statement. PAAM, which collapsed in 2005, must pay an $8.8 million fine and may be required to pay $276 million in restitution if Eustace doesn't.
Regulators shut down PAAM, which traded commodity futures and options, and froze its assets after accusing Eustace in 2005 of concealing losses and misleading investors about its trading. Eustace, a resident of Ontario, Canada, created false account statements to cover up about $200 million of losses and misappropriated assets from two commodity pools, the CFTC said.
Bermuda-based MF Global Ltd., which served as the firm's broker, agreed in December to pay $77 million to settle related claims brought by the CFTC and the receiver. The company inadequately supervised an account used to hide losses, the CFTC said at the time.
"This concludes a successful effort by our division of enforcement to stop fraud in its tracks, return as much money as possible to defrauded investors, and to bring wrongdoers to justice," the Washington-based regulator's acting chairman, Walter Lukken, said in the statement.
The sanctions will be offset by money already seized for return to investors, the CFTC said. Regulators were able to freeze about $70 million when filing the case, and a receiver for the fund later recovered $96 million more.
Eustace still faces two criminal counts of commodities fraud at federal court in Philadelphia. In March, prosecutors asked a judge to appoint an attorney to represent him, after the asset freeze left him with too little money to hire a lawyer. At the time, Eustace had a job paying $20 an hour, prosecutors said.
He represented himself in the CFTC's case, and a public defender in his criminal case didn't immediately return a phone call seeking comment. Two phone directories had no number for him under an Oakville, Ontario address listed in court records.