The story so far … David Berry was an extremely successful preferred share trader at Scotia, made all kinds of money for them and took a large chunk of it home.
Then things went sour and you can take your choice of stories:
(i) Scotia found out that he was being naughty and fired him
(ii) Scotia decided they were paying him too much and made mountains out of regulatory molehills to avoid paying severance when they fired him
Berry now has a $100-million-plus lawsuit outstanding against the bank, which has now filed a statement of defense:
The 18-page statement said “Berry engaged in serious misconduct in his trading, including violating securities rules.”
“He successfully hid his conduct from Scotia for a period of time. His misconduct breached fundamental terms of his employment with Scotia and was just cause for his termination.”
…
It also says that from “June, 2004, through April, 2005, RS requested that Scotia provide information to it in respect of specific trades Berry had made.”In May, 2005, the statement said RS issued a “warning letter to Berry in respect of the specific trading it had reviewed. While RS determined at that point that there was insufficient evidence to support breaches and so no formal proceedings were commenced, RS specifically warned Berry that it was concerned about a particular instance of trading ‘as it contains elements of manipulative and deceptive trading …’ “
Mr. Berry was suspended on June 20. The statement said that on that day there were “18 trading transactions that did not comply with UMIR [uniform market integrity rules].”
…
RS has yet to file any allegations against Mr. Berry.
Today’s Financial Post has a summary of the differences between the parties.
I have no idea where the truth lies. It would not surprise me to learn that a trader bloated with hubris and a desire to execute his clients’ wishes to earn a fat fee would break some rules. It would also not surprise me to learn that Scotia put an army of lawyers on the paperwork and ecstatically screamed “Gotcha!” when it found an uncrossed T.
For the duration of his tenure as King of Pref Traders, Berry was blessed with huge amounts of capital. You could call Scotia at any time of the trading day and ask to know a price for any block of any size of any preferred and a price would be put on it. An extremely lousy price, way off market, to be sure, but a price at which you could trade – instantly.
CM.PR.J : Not as Bad as Expected
Wednesday, February 14th, 2007The new issue from CIBC commenced trading today and on heavy volume of 807,580 shares closed at $24.87-88, 30×100.
CIBC announced that
The securityCode for this issue is A42019, replacing the preIssue code of P25005. A reorgDataEntry has been input to reflect the change.
curvePrice calculations for it and the comparables previously examined are:
Note that due to recalculation of the yield curve, the values for the components of the curve price are not directly comparable to the components previously reported; but, of course, each reported calculation is internally consistent.
This issue has been added to the PerpetualDiscount index – the current composition of this index has been uploaded.
Posted in Data Changes, Index Construction / Reporting, Issue Comments | 7 Comments »