Slashdot Mirror


Equifax Stock Sales Are the Focus of US Criminal Probe (bloomberg.com)

An anonymous reader quotes a report from Bloomberg: The U.S. Justice Department has opened a criminal investigation into whether top officials at Equifax Inc. violated insider trading laws when they sold stock before the company disclosed that it had been hacked, according to people familiar with the investigation. U.S. prosecutors in Atlanta, who the people said are looking into the share sales, said in a statement they are examining the breach and theft of people's personal information in conjunction with the Federal Bureau of Investigation. The Securities and Exchange Commission is working with prosecutors on the investigation into stock sales, according to another person familiar with the matter. Investigators are looking at the stock sales by Equifax's chief financial officer, John Gamble; its president of U.S. information solutions, Joseph Loughran; and its president of workforce solutions, Rodolfo Ploder, said two of the people, who asked not to be named because the probe is confidential. Equifax disclosed earlier this month that it discovered a security breach on July 29. The three executives sold shares worth almost $1.8 million in early August. The company has said the managers didn't know of the breach at the time they sold the shares. Regulatory filings don't show that the transactions were part of pre-scheduled trading plans.

48 comments

  1. By all means do by Ol+Olsoc · · Score: 4, Insightful

    Then in perfected USA fashion, fire the Janitor, and give the guilty a big bonus.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    1. Re:By all means do by Seven+Spirals · · Score: 1, Insightful

      Aww C'mon, they haven't replaced everyone with H1B's, pushed mandatory overtime on the survivors, thrown a million-dollar hookers & blow party, pumped and dumped the stock (much), bought a Ferrari with company funds, looted the 401k, laughed at hapless investors on "private" concalls, or properly sexually harassed all their admins.

      So, they have lots of executive stunts left to pull.

    2. Re: By all means do by Anonymous Coward · · Score: 0

      I am sure the execs will get a mini slap on there wrist, oh those Baad boys, will be boys. & laugh at there "regulators" all the way to the bank...

    3. Re:By all means do by Ol+Olsoc · · Score: 1

      ISIS claimed responsibility for your credit report. ae911truth dot org

      Hmm, must be paying the bills on time, tho...

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  2. If by p51d007 · · Score: 1

    They can prove, they knew about the "hack" before they told anyone public, and sold their stock, they should be held accountable. But, in the white collar crime area, most get off with a slap on the wrist, or, at most, locked up in one of those country club style jails.

    1. Re:If by Anne+Thwacks · · Score: 2, Interesting
      They can prove, they knew about the "hack" before they told anyone public, and sold their stock, they should be publicly executed

      FTFY

      --
      Sent from my ASR33 using ASCII
    2. Re:If by Anonymous Coward · · Score: 1

      Death sentence for making 1.8 million between 3 people. Not even stealing from people, just being more unfair than normal in pushing paper around. You're a fucking psycho.

    3. Re:If by Anonymous Coward · · Score: 1

      You understand don't you that when you sell a stock, someone's on the buying end? It is exactly stealing from people if you sell a stock you know is about to plummet because of insider information. I wouldn't shed a tear if these guys were put to death (if guilty - see below).

      And BTW, "they didn't know about the breach"? LOL, sure. "Hey Johnny, it's me Dave from security. Yeah, I can't give you any details yet but you might want to unload some stock if you can. Same
        to you buddy, you owe me one." There you are: they weren't informed.

    4. Re:If by Rakarra · · Score: 1

      Death sentence for making 1.8 million between 3 people. Not even stealing from people,

      It is stealing, but from many many people.

  3. Equifax --admitted discovery-- on July 29th by turkeydance · · Score: 3, Insightful

    exactly when they knew is unknown

    1. Re:Equifax --admitted discovery-- on July 29th by McGruber · · Score: 1
      Bloomberg is also reporting that Equifax knew it had been breached back March, nearly five months prior to July 29:

      In a statement, the company said the March breach was not related to the hack that exposed the personal and financial data on 143 million U.S. consumers, but one of the people said the breaches involve the same intruders. Either way, the revelation that the 118-year-old credit-reporting agency suffered two major incidents in the span of a few months adds to a mounting crisis at the company, which is the subject of multiple investigations and announced the retirement of two of its top security executives on Friday.

      Equifax hired the security firm Mandiant on both occasions and may have believed it had the initial breach under control, only to have to bring the investigators back when it detected suspicious activity again on July 29, two of the people said.

      Link: Equifax Suffered a Hack Almost Five Months Earlier Than the Date It Disclosed

    2. Re:Equifax --admitted discovery-- on July 29th by Anonymous Coward · · Score: 0

      You have to figure they needed to immediately hire some cyber security experts, at which point the CFO likely was made aware of what was going on (or at the very least, figured it out on his own).

  4. Negligence or malfeasance - you pick by JoeyRox · · Score: 5, Insightful

    So either these top-level executives were negligent in not knowing of a major security breach that others in the company likely knew or they broke securities laws by selling shares with material insider information.

    1. Re:Negligence or malfeasance - you pick by AmiMoJo · · Score: 4, Insightful

      Shane it's this that will get them prosecuted, not the fact that their incompetence fucked over millions of people.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Negligence or malfeasance - you pick by Anonymous Coward · · Score: 0

      Like Capone it is the mundane things (paying taxes, don't do insider trading) that catch up crooks. And I use the term loosely here, because at least Capone provided benefits to some (booze during Prohibition, etc.). These asshats contributed nothing actually made things a lot worse for a little less than half the population of the US.

    3. Re: Negligence or malfeasance - you pick by Anonymous Coward · · Score: 1

      In America, the prosecution has to pick a charge and prove all its elements. If all the prosecution has is your dilemma then the executives walk. Plain and simple.

    4. Re:Negligence or malfeasance - you pick by Anonymous Coward · · Score: 0

      While it's completely right that they should be investigated... I do think they'd have to be uncommonly stupid to be guilty of insider trading on this count. It's just too obvious. They would have to have known they'd be investigated.

    5. Re:Negligence or malfeasance - you pick by Anonymous Coward · · Score: 0

      Negligence or incompetence?
      If they knew, how many of their buddies did they let in on the secret? Most of the board of Equifax are on other boards.

      I'm also concerned that the total number of breeches exceeds the number of households they hold data on in the USA. We know they also lost some UK data. I wonder what other countries' data is involved.

    6. Re:Negligence or malfeasance - you pick by amiga3D · · Score: 1

      There's no law against being incompetent. There are laws against using info no one but a few have access to so you can reap vulgar amounts of money off of your incompetence.

    7. Re:Negligence or malfeasance - you pick by bluefoxlucid · · Score: 1

      I'm amazed that people are all mad about the stock sales and everything. I mean, yes, that's illegal, but we have bigger problems--which we can fix (YouTube).

      You can get a credit card or open up a car loan? You can afford $18. I wish the Neo would go Gen 4 with USB-C already; I'll probably settle for a 4C.

    8. Re:Negligence or malfeasance - you pick by Talderas · · Score: 1

      According to Equifax's official procedures the execs should not have known about the breach. Additionally, there would have been a number of forms they would have had to fill out in order liquidate those stock assets. On the surface, it all looks clean.

      What needs to be investigated is whether the execs had come about the information from other methods/sources and whether the disclosure by Equifax may have been delayed to allow for the stock sales to go through.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    9. Re:Negligence or malfeasance - you pick by Anonymous Coward · · Score: 0

      Shane who?

  5. Guilty? by Anonymous Coward · · Score: 1

    How can they be guilty, they are executives.
     
    No jail time. Slap on the wrist. Just don't do it again.

    1. Re:Guilty? by Anonymous Coward · · Score: 0

      Really. I guess Bernie Ebbers and Jeff Skilling are at summer camp?

      [captcha is "bendable" - how appropriate]

    2. Re:Guilty? by Anonymous Coward · · Score: 0

      Bernie Ebbers was convicted of convicted of fraud and conspiracy. Jeff Skilling was convicted of convicted of fraud, conspiracy, and one count of insider trading. He was acquitted of nine counts of insider trading. Most of his guilt was on fraud though.

  6. Wait a sec by SuperKendall · · Score: 1

    Just don't do it again.

    Come on man, that's pretty harsh. They should just have a year cool down or so before they can rape shareholders and consumers for personal profit again, in accordance with long-standing tradition.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  7. Pound by Bodhammer · · Score: 1

    "I hereby sentence you to five years in Federal pound-me-in-the-ass prison."

    --
    "I say we take off, nuke the site from orbit. It's the only way to be sure."
    1. Re:Pound by bluefoxlucid · · Score: 1

      Are we sending executives to the pound now? I thought that was just for dogs.

    2. Re: Pound by Anonymous Coward · · Score: 0

      You're a fucking idiot.

  8. Wrist. Meet Noodle. Noodle, Wrist. by Anonymous Coward · · Score: 0

    Tisk-tisk.

  9. Equifax is an LLC... by Anonymous Coward · · Score: 0

    So only a federal investigation can get these crooks, everyone else is screwed if they try to sue the individuals.

  10. Remember Enron... by Anonymous Coward · · Score: 0

    They probably read "The Smartest Guys in the Room: The Amazing Rise and Scandalous Fall of Enron" and cashed out to lawyer up before it was too late.

  11. Give them a job by Anonymous Coward · · Score: 0

    In the Trump administration.

    1. Re:Give them a job by Anonymous Coward · · Score: 0

      In the Trump administration.

      No. Trump was going to drain the swamp. And he never goes back on his word. Bigly.

  12. just as common as a car crash on the highway by k6mfw · · Score: 1

    Just another hack with millions of people's data compromised, ho hum. And to think everyone first complains about too much regulation. With all these hacks, how about things like what Apple is really doing with future projects? (i.e. iphone has been in the works for decades). Or nuclear missile launch codes, what kind of words or character combination do they really use? Or Donald's taxes, Hillary's emails, ...

    --
    mfwright@batnet.com
  13. Confidential by easyTree · · Score: 1

    said two of the people, who asked not to be named because the probe is confidential

    Unlike the personal details of 100M USAnians!

  14. known.... and its beyond just the top 3 by Anonymous Coward · · Score: 0

    So the reality is that Equifax DID disclose that IT and its executives knew of the break on July 29, the stock sales were in august. A COMPANY KILLING BREACH doesn't get kept secret to just a few low level managers. I mean, come on.

    The bigger question is were the stock sales limited to just the top 3? Probably NOT. Which means the SEC should pursue every stock stale by anyone connected down the line. The VPs, Sr managers... anyone who worked at Equifax and sold, or who might have been told by someone at Equifax... must disgorge those profits and pay a penalty. the fines should be charged, and the amounts first used to help pay for the cost of the SEC to enforce more areas, and to the extent not otherwise used, held in trust to compensate potential victims.

  15. that's great.. but by Anonymous Coward · · Score: 0

    shouldn't the actual security breech and loss of 143 million sensitive records also be the subject of a criminal investigation?

  16. CFO almost certainly knew by Anonymous Coward · · Score: 0

    Modern CFOs are on par with and in some cases more powerful than CEOs. High degrees of incompetence not withstanding, they should have known early on AND should be among the most informed with regards to securities rules and regulations. So on the surface, I could see some executives just happening to be innocently selling shares around that time (and who may legitimately not have known). But I don't buy it from the CFO. That would imply the CFO is so clueless/misinformed they either weren't aware of the laws (scary) or weren't aware of the breach (equally scary).

  17. Claim they didn't know? by Anonymous Coward · · Score: 0

    Yeahrite

    I work for a 10K+ employee publicly held company. Here in /. I'm pretty sure you've heard of it. Management claims we're all insiders because we're so open. Which we are, except we really aren't. Maybe ten years ago when we were less than 2K employees. Everyone is subject to a trading window and quiet periods and $deity forbid we should accidentally buy or sell when the trading window is closed. Oh yeah, we could have a trading plan, but anyone who knows about such things knows we're talking about trading in the six and seven figures to qualify for one of those; it isn't us peons, that's for damn sure.

    Regardless. Those CxO types at Equifax who traded between the "discovery" and the public announcement – they fucking well did know, you can bet your bottom fucking dollar. And if they get off with a slap on the wrist you can bet there's going to be some serious fucking howling.

    1. Re:Claim they didn't know? by Anonymous Coward · · Score: 0

      One of the reasons I never own stock or shares in a company I work for. Don't shit where I eat.

  18. burn them by zlives · · Score: 1

    they are witches...

  19. Iron Mountain document destruction contract by Anonymous Coward · · Score: 0

    Iron Mountain just got a big document destruction contract to an anonymous Atlanta firm.

  20. Corruption as Usual by Required+Snark · · Score: 4, Insightful
    Often executives with lots of stock equity want to cash some of it out. They then schedule a sale, so that if anything comes up that might make it look shady they can legitimately say that there was no insider information involved.

    These asshats did not schedule the sales. If they did, they would have already made a public statement about their innocence. It's now obvious that the people under investigation are of the same caliber as the fools who just "retired". It's reasonable to assume that they found out what was going on and sold in a panic. Yes, they are that stupid and thought that somehow they would get away with it.

    If you assume that any upper management at Equifax, or their competitors, are dumber then a box of rocks you will most likely be right. Credit reporting is under-regulated, monopolistic, and corrupt. Just like the rest of Wall Street. It's a system designed to make insiders rich and immune from all negative consequence. Stockholders, regular workers and clients are all expendable.

    This environment always full of incompetent greedy psychopaths. If you doubt this, just look at the President.

    --
    Why is Snark Required?
  21. Don't steal from the rich by houghi · · Score: 2

    Several million peoples data is on the line? Bad, but not as bad as stealing from the rich.
    Increasing the price of medicine to absurd hights? Nice, but don't steal from the rich, because we go after you.
    Fraud millions of people with shit loans and cause a worldwide economic disaster? Not nice, but don't steal from the rich, like Bernie Madoff.

    Luckily you have a piece of paper that says "for the people, by the people" so that is nice. Keeps you hopeful.

    --
    Don't fight for your country, if your country does not fight for you.
  22. Excuses, Excuses by Anonymous Coward · · Score: 0

    I love the excuses from Equifax that there was nothing improper because these were "small amounts" of stock.

    Nevertheless, it is illegal to sell a SINGLE SHARE OF STOCK based on the knowledge of information that is not available to the general public, without proper advanced disclosure.