Escolar Documentos
Profissional Documentos
Cultura Documentos
AUTHORIZED MATERIALS
1. This is a CLOSED BOOK exam. Students are NOT permitted to have any materials in their
possession.
2. Students are NOT permitted to use a foreign language dictionary.
INSTRUCTIONS TO INVIGILATORS
1. Students should be provided ONLY with this booklet.
2. Students are to write answers ONLY in the spaces provided in this booklet.
3. Writing is NOT permitted during reading time, but HIGHLIGHTING is permitted!
4. This booklet must be COLLECTED at the end of the exam.
INSTRUCTIONS TO STUDENTS
1. Write ONLY your seat number and student number in the boxes at the top of this cover page.
2. Do NOT detach any pages from this booklet.
3. The following is required:
Total Questions Total Marks Required
3 70 Attempt all THREE (3) questions
4. Writing is NOT permitted during reading time but highlighting text IS PERMITTED.
5. Answers must ONLY be written on Answer pages in this booklet.
BAILLIEU LIBRARY
This paper may be lodged with the library.
QUESTION 1 20 marks
Cohen’s SAC to pay $616 million in SEC insider trade settlement
HEDGE fund titan Steve Cohen’s firm SAC is paying $615 million to settle charges that it
improperly traded in stocks, in what is the largest‐ever, insider trading settlement, U.S.
securities regulators said.
SAC Capital Advisors has long been the focus of a federal insider trading probe, and the
settlement removes a major distraction that had prompted some investors to pull their
money out of the $15 billion hedge fund. But it does not end the scrutiny as the U.S.
Department of Justice and the Federal Bureau of Investigation are still investigating
SAC's trading of other stocks.
The settlements involve two subsidiaries of SAC: CR Intrinsic agreed to pay about $600
million to settle allegations that one of its former employees participated in an insider
trading scheme involving shares of Elan Corp and Wyeth Inc. Sigma Capital agreed to pay
about $15 million to settle charges the firm engaged in insider trading in shares of Dell
Inc and Nvidia Corp.
In agreeing to settle, neither SAC Capital nor its subsidiaries admitted or denied
wrongdoing. SAC Capital's management company and not outside investors will pay the
fines, said a person familiar with the hedge fund.
"This settlement is a substantial step toward resolving all outstanding regulatory matters
and allows the firm to move forward with confidence," SAC said in a statement. It added
that Cohen himself "has not been charged with any wrongdoing and has done nothing
wrong." The settlements come after investors submitted notices last month to pull $1.68
billion from SAC Capital, largely over concern about the insider trading investigation
In November, regulators charged CR Intrinsic with insider trading and the SEC said one of
its portfolio managers illegally obtained confidential details about a clinical trial for an
Alzheimer's drug. He is facing criminal charges over the incident and has pleaded not
guilty. "The amended complaint specifically cites his discussions with an unidentified
portfolio manager who is probably Mr. Cohen," said a lawyer.
SEC officials said the settlements resolve a notice issued to SAC Capital in November,
stemming from the investigation. "These settlements call for the imposition of historic
penalties," the SEC said. "We can't tolerate a market rigged for the benefit of insiders
and their cronies."
The settlement over Dell and Nvidia arises from a guilty plea last year by a former SAC
Capital portfolio manager who reported to Michael Steinberg, one of Cohen's longest
tenured traders.
Insider trading could be perceived as making profits from stolen information – defrauding
the owners/shareholders. This is particularly evident by the allegation of “illegally obtaining
confidential details about a clinical trial” – material information which is clearly part of the IP
of the company. It’s a little more serious in this example, as the SAC subsidiaries might have
had privileged access to the information. If that were the case, then they failed in a fiduciary
duty.
Having material information that other traders don’t have, gives them an unfair advantage.
In this example, the access to the clinical trial will indicate the likelihood of a successful drug.
That will increase the share price, so the (pre)informed traders will buy now. The sellers will
lose out. So there are direct losers, and indirect losers (those that could have competed to
buy the shares).
What makes this case special is the party accused of insider trading, a hedge fund (with two
of its subsidiaries). Traditional insider trading usually involves a single trader – typically
exploiting non‐public material information for his/her personal benefit. That might still have
been the case here, but it seems unlikely given the sheer size of the settlement. The
settlement suggests that the subsidiaries themselves (if not SAC) were involved – an
institutional insider trading case. It seems furthermore likely that the investors in the hedge
fund (or the subsidiaries) were in fact the beneficiaries of the insider trading conduct.
QUESTION 2 30 marks
Other banks fail to follow ANZ moratorium on farm foreclosures in
drought‐hit regions of Queensland and NSW
Source: ABC Rural, 12 December 2014
ANZ Bank will introduce a 12‐month moratorium on forced farm sales in areas of
crippling drought throughout Queensland and New South Wales. But the National
Australia and Commonwealth Banks have fallen short of matching ANZ's pledge.
There's still concern that banks haven't done enough to help farmers in drought. A
farmers’ spokesperson says the moratorium will boost morale for struggling farmers.
"I'm absolutely overjoyed that ANZ has really come to the party at this time when all
producers in drought‐stricken areas are feeling the pinch as badly as they are," he said.
The ANZ CEO says the bank came to its decision in recent weeks, as the issue intensified.
"While taking possession of a farm is always the last option after all other avenues have
been exhausted, we feel it's prudent to take a pause on any new action, given the severe
impact the drought is having in Queensland and northern New South Wales," he said.
The Bank has not been immune from the barrage of pressure mounting on the major
lenders to offer greater compassion to producers in the hardest‐hit areas.
The Federal Agriculture Minister says ANZ’s decision is a step in the right direction. He
says the Australian public wants to know that farmers are being treated fairly. "As we
have stated, we much prefer the banks to manage their own situation rather than the
government having to intervene. These are precisely the actions that show how a bank
has the capacity to assist in these difficult times.”
However, a Nationals Senator isn't as generous, saying the moratorium doesn't go far
enough. “It offers no help to farmers whose properties have already been repossessed.
They are talking about repossessions that will happen from this day forth, but arguably,
most of the repossessions that are going to happen have already happened. My call is
for them to apply it to all the distressed loans in agriculture at the moment. That means
if they repossessed your property yesterday or six months ago, or 12 months ago, and
they haven't realised the sale of it under the terms and conditions of the repossession,
then they should apply these conditions."
Despite predictions the ANZ's announcement would put pressure on other banks to
follow suit, NAB has not committed to a moratorium. An NAB spokesperson says the
bank has almost 30,000 agribusiness customers across the country, but has only
foreclosed on seven in the last twelve months. "We currently have no plans to foreclose
on any of our drought‐affected customers in Queensland and north‐west New South
Wales," the spokesperson said. "Foreclosure only occurs after a lengthy period of
consideration and evaluation that includes an extensive farm debt mediation process
and the exhaustion of all other options."
The Commonwealth Bank also announced further drought support measures on Friday,
but stopped short of matching the ANZ's commitment. In a statement, the Bank says it
will work on a 'case‐by‐case basis to review the needs of individual agriculture related
businesses'. The Commonwealth Bank has instead pointed to a range of options
including a repayment 'holiday' and agreed interest‐free periods.
Ethical Theories
Compare this story from a utilitarian (teleological) ethics perspective with a
deontological ethics perspective. Which perspective is ANZ taking?
A good answer would start by briefly indicating the key elements of utilitarian and
deontological ethical theories.
From a utilitarian perspective, a good answer would then consider the impact of the
moratorium (not on interest payments! Only on repossessions, i.e. declaring the farmers
bankrupt) on the various stakeholders: ANZ and its shareholders, the farmers (individual and
as a sector), the public, the government,….
It’s clear that many stakeholders would benefit from the moratorium, but surely it would be
a negative outcome overall for ANZ and its shareholders? Well, not necessarily:
ANZ undoubtedly looks at the public image benefit, but much more importantly, ANZ would
consider and compare what happens with and without repossessions. Repossession, and
then forced sale of the farms might not be the best financial outcome for ANZ. Farm prices
are very likely depressed in a drought. Forced sales would mean actual losses on ANZ’s loan
portfolio. So, postponing repossession may exploit the “option to wait” value. Deeply
indebted clients are often very valuable long‐term clients. So it pays to assist them in
restructuring (postponing) their debts. That is almost certainly a key consideration for ANZ
(and it is echoed by the very few actual repossessions by its competitor bank NAB).
Now, from a deontological perspective it is the principle that matters. And sure, supporting
your clients and expressing compassion could reveal a set of principles driving business
decisions. The problem with this argument is that ANZ does not extend the offer of support
to previous repossessions (as suggested by the Senator). That doesn’t suggest an inviolable
principle.
For that reason, ANZ is almost certainly taking a utilitarian approach.
QUESTION 3 20 marks
‘Gardening leave’ snub to woman executive indicative of Wall
Street’s pervasive ‘boy’s club’ thinking
Source: Bloomberg News, 3 March, 2014
BACK in the real world of Wall Street we have the bizarre story of Alice Murphy, one of
the most highly respected women in finance. Last week, Goldman Sachs hired Murphy
away from Merrill Lynch as a partner managing director and the global head of
leveraged finance origination. Murphy had been co‐head of leveraged finance at Merrill
Lynch.
It is exceedingly rare for Goldman to hire anyone, let alone a woman (and the mother of
four children under 8), laterally into its coveted partnership ranks. Goldman has
accepted about 400 senior bankers, traders and executives as partners; they can easily
earn more than $10 million in annual compensation. Goldman prefers to promote these
partners up through the ranks.
But Goldman’s hiring of Murphy is remarkable for another reason: She is one of the rare
people whose former employer, Merrill Lynch, has denied her the paid “gardening
leave” of three to six months that has become standard practice when senior bankers
and traders change jobs.
The idea, which started in Europe and migrated to the U.S., is that a lengthy mandatory
break — paid for by the former employer — will greatly reduce the chance that
departing employees will know about ongoing deals or trades that could benefit their
new firm. It’s safe to say that, three months away from the day‐to‐day grind, any
information about a previous deal or trade has gone stale.
The gardening leave has also become a way for high‐powered alpha men and women to
take a much‐needed break and to recharge their batteries before starting a new job. In
other words, it’s generally considered a win for everyone involved, and it’s highly
unusual for it to be denied.
According to the Wall Street Journal, Thomas Montag, a former Goldman partner and
the co‐chief operating officer of Merrill Lynch, personally denied Murphy’s gardening
leave request. Maybe Montag is angry that Goldman stole one of his firm’s top
performers. Maybe he is irked that a competitor lured away one of the few senior
women on Wall Street. We don’t know Montag’s reasoning because neither he nor a
Bank of America spokesman would speak on the record about what happened and why.
In any event, Montag’s decision is monstrously unfair to Murphy. Although we
collectively have been trained to feel no pity for highly paid Wall Street types, it is hard
to imagine that Montag would have done this to a man.
We supposedly have entered a kinder, gentler era on Wall Street, in which young
analysts and associates are no longer encouraged to work absurdly long hours. Even
Merrill Lynch has mandated that neophyte bankers and traders take off at least four
weekend days a month to reduce burnout.
Montag’s petty denial of Murphy’s gardening leave shows that Wall Street has a long
way to go if it’s serious about treating people fairly — or wanting to attract more
women to its top ranks.
There are many ethical issues in this story:
Lack of professionalism
Gender bias
Work‐life balance
Unfair non‐compete outcome
The most serious ethical concern is the denial of gardening leave. It is, of course, perfectly
acceptable to change jobs (so there is no ethical imperative of “loyalty” – that would apply if
an employee is disloyal WHILE they are employed). It is also rather obvious that alternative
employment opportunities would require the same skills as the person currently uses, i.e. in
another financial institution. Any non‐compete agreement would therefore be hard to
enforce, which is why financial institutions impose/allow gardening leave – a cooling off
period.
What is unusual in the story is the possible (trade secret) exposure that Mr Montag creates
for his institution by denying Ms Murphy this gardening leave. This (rightly) opens the door
for Ms Murphy to immediately commence employment at Goldman. That, of course, means
that she will have knowledge of current transactions at Merrill Lynch. Assuming that she
does respect confidentiality of those transactions, she may use that information
inadvertently. ML would have a very weak ethical (and legal) argument in complaining about
this.
Interestingly, it could be that Mr Montag simply assesses that Ms Murphy does not hold any
valuable information/knowledge about operations and transactions at ML that could be
usefully and competitively deployed at Goldman. If that is the case, then he would perceive
little need to waste salary on gardening leave. While legally a justifiable position, it is
ethically questionable (for the other issues mentioned above).
END OF EXAM