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US Charges English Twins Over $1.2m 'Stock Robot' Fraud

peetm writes "Twin brothers from England face U.S. civil charges for allegedly defrauding investors out of $1.2m (£745,000) through a bogus stock-picking robot. The twins, Alexander and Thomas Hunter, were just 16 years old when they devised the scam — which fooled around 75,000 people, according to U.S. officials."

33 of 114 comments (clear)

  1. Had to read the article... by Anonymous Coward · · Score: 4, Insightful

    Needed to figure out what exactly was bogus about this since there shouldn't be anything too wrong about someone recommending stocks that fail even with a "robot".

    The Securities and Exchange Commission said the stocks "picked" were actually firms that paid the twins hefty fees

    I assume it's because there's a difference between just being bad stocks and being bribed into recommending stocks.

    1. Re:Had to read the article... by TFAFalcon · · Score: 4, Insightful

      Didn't some banks recommend people buy stocks and derivatives that they themselves were trying to get rid of? I suppose they're going to be charged with fraud too?

    2. Re:Had to read the article... by cultiv8 · · Score: 4, Informative
      Nope.

      The Hunters claimed that "Michael Cohen" had developed a Goldman Sachs trading algorithm that reaped billions in profits.

      that's what they did wrong.

      --
      sysadmins and parents of newborns get the same amount of sleep.
    3. Re:Had to read the article... by Nursie · · Score: 3, Informative

      It can be very hard to find someone independant and trustworthy, which is why we have all sorts of rules, loads of legislation and pretty stiff penatlies for this sort of stuff. Otherwise assholes (of the corporate or independant variety) defraud people, like what happened here.

    4. Re:Had to read the article... by Anonymous Coward · · Score: 5, Interesting

      "Nope"

      Yes they did.
      GS recommended and sold products that they internally classified as "shitty" - while at the same time they betted on the dropping of value of those product. As expected the value of those products did drop, GS clients lost big and GS itself won big.
      It's insider trading at the highest level.

      Sen. Levin Grills Goldman Sachs Exec On "Shitty Deal" E-mail
      http://www.youtube.com/watch?v=gLx2Xc1EXLg

    5. Re:Had to read the article... by Tom · · Score: 3, Informative

      Didn't some banks recommend people buy stocks and derivatives that they themselves were trying to get rid of? I suppose they're going to be charged with fraud too?

      No. Other than the teen twins, they did their homework and bought the proper laws first. If you do your paperwork properly (i.e. get registrated, "regulated" and put the proper disclaimers on the stuff you sell) then you can pretty much do whatever you want. Oh, and if you blow up, the government will bail you out.

      --
      Assorted stuff I do sometimes: Lemuria.org
    6. Re:Had to read the article... by DaveGod · · Score: 4, Informative

      Needed to figure out what exactly was bogus about this since there shouldn't be anything too wrong about someone recommending stocks that fail even with a "robot".

      The Securities and Exchange Commission said the stocks "picked" were actually firms that paid the twins hefty fees

      I assume it's because there's a difference between just being bad stocks and being bribed into recommending stocks.

      This is a good question, though I think you missed the answer (for the UK side of things anyway) from TFA:

      In November, Newcastle Crown Court ordered Alexander Hunter to pay back nearly $1m after he admitted providing unregulated financial advice. He was given a suspended 12-month prison sentence.

      In the UK the first mechanism to protect the public from investment-related fraud (which this blatantly is) is that if you give financial advice you have to be signed up to the Financial Services Authority. That is rigorously enforced and isn't trivial to accomplish so right off the bat they've got a very solid case against basically all the fraudsters except those that probably could make a decent living being bona fide. That's what these twins have been caught by.

      To protect against the registered guys, well signing up to the FSA subjects you to rules and by-laws (laws that only apply to specific people) which require specific things and hold you to a much higher standard than is generally applied of the public - as you can see here, the industry is heavily regulated. I don't know much on the details of the FSA rules, but at first glance these twins seem to fail more than half of the fundamental principles.

      On top of that, these guys probably could have been caught under the Fraud Act 2006 (though Wikipedia has a decent summary) since a) they made specific factual claims about their products which they knew were not true and b) as you point out they were bribed into recommending stocks - being paid to do so would actually be OK if only they'd disclosed it.

      Although punishment under the Fraud Act is more severe, and at first glance appears most appropriate given these guys were clearly intentionally defrauding their customers, it still hard to win in court whereas getting them for not being FSA regulated is easy.

      Incidentally, some of these rules cross borders in both directions - someone based overseas marketing their dodgy dealings in the UK can still be subject to UK laws, while a UK firm can be subject to UK laws while operating overseas (even if they do it via a third party based there).

      I gather the US has a very-broadly similar set of tools via the SEC.

    7. Re:Had to read the article... by MaskedSlacker · · Score: 2

      I think his "Nope" was in answer to the question of them being charged with fraud (as they should be) which will never happen, not the question of whether or not they'd committed said fraud.

    8. Re:Had to read the article... by Opportunist · · Score: 5, Funny

      criminal, -s, n: Someone unable to buy laws to make his actions legal.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    9. Re:Had to read the article... by TheMathemagician · · Score: 2

      The "robot" didn't exist. If they'd stuck to using astrology or reading tea-leaves they'd probably still be going strong but inventing a fictitious robot was just criminal.

  2. Mechanical Turk by srussia · · Score: 4, Insightful

    21st century version of the Mechanical Turk

    --
    Set your phasers on "funky"!
  3. I knew it! by lxs · · Score: 5, Funny

    Twins are evil.

    1. Re:I knew it! by gstrickler · · Score: 2

      What about the Doublemint twins?

      --
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  4. They have already been tried for their "crime" by Stu101 · · Score: 4, Insightful

    They have already been tried in the UK court and lost most of what the gained. It is a bid unfair in my mind.

    Do you think it would be allowed, ie tried twice, once by the US government and then by the UK government if they where in the US. They would probabily get a job offer in the US.

    I can't wait for the moment they get a similar issue with a Chinese coder........

    --
    http://www.writeitfor.us - Writing IT for the IT generation.
    1. Re:They have already been tried for their "crime" by JaredOfEuropa · · Score: 4, Insightful

      Double jeopardy is about not being punished for the same crime twice. The real question is: should what they did be regarded as two separate crimes in two countries? I think one should think long and hard before answering this in the affirmative. Consider: you grab a movie from the Pirate bay, and seed parts of it to torrent peers in 15 other countries. Is it fair to be convicted in each country separately?

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    2. Re:They have already been tried for their "crime" by LeperPuppet · · Score: 2

      Consider: you grab a movie from the Pirate bay, and seed parts of it to torrent peers in 15 other countries. Is it fair to be convicted in each country separately?

      Don't give the RIAA and MPAA execs ideas. Imagine receiving multiple copies of their standard legal shakedown letters, each threatening a copyright lawsuit in a different jurisdiction where you may have been infringing.

    3. Re:They have already been tried for their "crime" by Zemran · · Score: 3, Insightful

      Wrong, the crime was committed in the UK. They were in the UK when they committed it therefore that is where it was committed. Just because your government is prone to logical fallacies does not mean that you all have to act stupid.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    4. Re:They have already been tried for their "crime" by swalve · · Score: 2

      Actually, double jeopardy is about not being in jeopardy of being punished for the same offense twice. You can do one "thing" that violates more than one law and be charged and convicted of more than one crime.

      When you are charged with a crime, at its most basic, it is like a class action lawsuit against you, filed on behalf of the people of the jurisdiction. Even though many crimes have an actual victim (the guy whose jaw you broke, for example), the nominal victim is the people of the jurisdiction. In the jaw breaking example, you might be put on criminal trial for it and convicted. That was for going around doing stuff that the people of the jurisdiction don't care for. But you can then be sued personally by the guy whose jaw you broke for any damages that he suffered.

      Take the file sharing example and change it around to something a little easier to understand. You are a citizen of the US, and you build a giant transmitter in Kansas. You set it for 890am, and pump a million watts into it. It blasts across the hemisphere. Your signal violates the signal laws of multiple countries. That one act has broken the laws of many jurisdictions, with victims in each jurisdiction. Each government has the right, on behalf of the collective rights of the people it represents, to put you on trial for the violation of their laws. In many cases, the other jurisdictions could decide to not prosecute because whatever punishment you get from the US is good enough for them. But they don't have to.

  5. Good one. by mrjb · · Score: 4, Insightful

    £745,000. 75000 people. Fraud or not, they've scammed these people for on average just under £9.95 a person. Don't know about you, but if I found out I'd been scammed by two teenagers to the tune of a tenner for being greedy and gullible, I'd consider that a very cheap lesson and I might even have a laugh over it. Well done, Hunter twins, for making a million dollars out of greedy people. And another lesson learned: If you've got money, people get envious.

    Now what I always find interesting is when the numbers don't work. According to TFA, "investors paid $47 for newsletters listing Marl's stock picks and $97 for a home version of the software". Yet on average, the investors are down just a tenner? I don't mean to nitpick, but to me that sounds like the bloody thing actually worked. Oh, wait, it was unregulated software. What would you expect from two 16-year-olds?

    I'm a bit worried about the precedent this is setting though. If I choose to buy a newspaper with a horoscope in there, or if I buy horoscope software and the predictions don't come true, should I sue?

    --
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    1. Re:Good one. by jaymemaurice · · Score: 3, Funny

      Your mathematics and/or facts are not welcome at this trial. BURRN THE WITCH!

      --
      120 characters ought to be enough for anyone
    2. Re:Good one. by bryan1945 · · Score: 2

      That's the difference between the stock market and fortune tellers/horoscopes- the 1st one you're legally expected to tell the truth, the 2nd one you're expected to... um, say nice things? If the fortune teller has soft hands then maybe nicer things?

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    3. Re:Good one. by jaymemaurice · · Score: 2

      Some participants can and will make money in a pump and dump scam... success does not make it ethical... but ethics in the stock market where everyone is trying to make money simply because they have/have someone elses money? Seriously?!

      --
      120 characters ought to be enough for anyone
    4. Re:Good one. by Anonymous Coward · · Score: 3, Insightful

      I do think there's a difference. Stealing £10 from 75,000 people causes 75,000 people skip the cinema this week. Maybe not even that. Stealing £750,000 from one person might cost that person his or her home and retirement. A person harmed in this way might not ever be able to recover. People have thrown themselves in front of trains for less. I suspect fewer have done so over 10 quid. There's a "lives destroyed" weight multiplier that must be factored in. Sort of ((number of people) x (amount lost average) x (number who can't recover)). Not exactly, of course. Many missing factors. If only it were that simple!

      But regardless, still a crime either way.

  6. SEC by roman_mir · · Score: 4, Insightful

    So somebody gives a shit about 2, 2 bit crooks in UK. Good for them.

    How about SEC not doing their job even though they've been notified multiple times about a pump and dump operation that is ran by the very definition of a pumper and dumper?

    Oh, I forgot, that's the same SEC that was notified about Madoff years before his pyramid blew up. Same SEC that was absolutely useless during the Internet and the housing bubbles and now during this bond and dollar bubble. Well, I suppose later they'll come out and say: nobody could have seen it coming.

    1. Re:SEC by bryan1945 · · Score: 3, Insightful

      SEC only goes after someone when one of their own gets shafted. Us little pissants are not worthy of their attention.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    2. Re:SEC by swb · · Score: 2

      I'd go one further, the SEC only goes after parties its sure it can defeat. I'm sure there are other criteria, too, such as policies which state that SEC enforcement actions cannot have a "deleterious effect on market conditions" which means that they will only go after large players in limited ways, since something like nailing Goldman Sachs to the wall may hurt overall market activity.

  7. That's unfair by obarthelemy · · Score: 4, Insightful

    There was a chinese wall ! One twin was handling commission for firms, the other one recommendations to clients.

    Oh wait, that's only good if you're Goldman Sachs.

    --
    The Cloud - because you don't care if your apps and data are up in the air.
  8. Re:This doesn't sit right with me. by Antique+Geekmeister · · Score: 2

    As long as the charges are for a distinct offense, double jeopardy does not apply. Review the definition of double jeopardy carefully. And double jeopardy hardly applies to US courts for UK convictions.

  9. unregulated by Tom · · Score: 4, Interesting

    Their main legal mistake was that they were providing unregulated financial advise.

    Other than that, their business wasn't all that different from most of the others. Pretty much everyone in the financial market, big bank or small trading company, is bordering on outright fraud. Yes, I have bit of insider knowledge, from long before the crash. This has been going on for quite a while.

    --
    Assorted stuff I do sometimes: Lemuria.org
  10. Re:what about those companies by PopeRatzo · · Score: 4, Funny

    This is true in England, also? I really don't know how the laws work for companies over there compared to the US corporations.

    When it comes to corporations, US law is the only one that matters when it comes to protecting the company, but when it comes to tax law, Grand Cayman law is the only one that matters and when it comes to labor law, China is the only one that matters. They don't care about England.

    --
    You are welcome on my lawn.
  11. 'put' option by KingAlanI · · Score: 4, Informative

    to clarify the term: a 'put' is an option to sell at a certain price. so one makes money if the market price is lower than the option price.
    It's a bet that the item's price will go down, and in this case a distrust of his banker's stock tips.

    ('call' option is the other way around)

    --
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  12. Brilliant by Murdoch5 · · Score: 2

    This is awesome, at least the project is. Did these brothers really defraud anyone? Think about it, they offered stock advice which caused a change in the stock market, stock brokers do the same thing and there no more accurate. If your going to charge these twins then you need to charge every single broker who has ever lost money by making bad stock picks because in a sense this program did nothing different.

  13. Re:what about those companies by Anne+Thwacks · · Score: 3, Interesting
    UK law used to say that "Limited Liability" only applies so long as the company obeys the law. If the law is broken, individual directors are completely responsible. There is a concept of corporate liability, but, as I understand it, that is intended to handle civil liability, not criminal liability.

    However, that does not appear to be how actual courts find according to the newspapers. I don't know if the law has changed, or if the courts have difficulties with reality.

    My local government department claimed they would plead "corporate insanity" if prosecuted for being reckless, but I have it on good legal advice that corporate pleas of insanity are not recognised in the UK.

    Disclaimer: If you sue me, I will lead insanity too.p

    --
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