First Nine Months
During his first nine months at Watley, Mr. Amore made $155,766 in salary and was granted stock options in the company, according to regulatory filings. He signed an employment contract to make $250,000 in salary starting in October 2002. Around the same time, he celebrated his 40th birthday with a party in his family's backyard. The theme, according to one attendee: casino night, with blackjack tables and roulette wheels.
At the office, Mr. Amore worked long days, sometimes 7 a.m. to 8 p.m., a former colleague says. He once invited all the traders' children to the office for "carnival day."
Traders used various strategies at Watley, but several say Mr. Amore's preferences were clear. One trader recalls Mr. Amore walking around the floor instructing employees to "trade only on what the boxes were saying" because anything else was "speculation" that "wouldn't work."
Squawk-box access provided by two Merrill brokers who worked together in that firm's Garden City, N.Y., office generated the most profits for Watley, the authorities say. One broker, Timothy O'Connell, now 40, had worked in the office since 1997. The Long Island native was active in Little League baseball near his home in Carle Place and twice ran unsuccessfully for elective office in the heavily Democratic area as a Republican, touting his financial expertise, according to newspaper accounts. The other was Kenneth Mahaffy, now 50, another Long Islander who had joined the office in 1997 after working at a day-trading firm where one of Mr. Amore's top deputies also had worked.
Mr. O'Connell's office had two phone lines, authorities say in court papers. He used one to conduct business. He instructed Irene Santiago, an assistant he shared with Mr. Mahaffy, to use the other to pipe order chatter to Watley day traders by leaving the phone off the hook near a squawk box, the authorities say. The assistant routinely set up calls early in the morning and disconnected them at the end of the trading day, they say.
Between them, Messrs. O'Connell and Mahaffy generated at least $500,000 in gross profits for the Watley traders, who listened to Merrill orders as they traded Pfizer Inc., Liberty Media Corp., American Financial Group Inc. and First Data Corp., the authorities say.
Over the course of 12 minutes on the afternoon of Oct. 16, 2002, the traders made $8,700 shorting Citigroup stock -- betting that it would decline -- just after hearing from Mr. Mahaffy's squawk box that Merrill would execute a big sell order on the shares, the SEC says. Four months later, Mr. Mahaffy left Merrill -- to join Citigroup's Melville, N.Y., office, where the scheme continued, the SEC says.
By then, another Citigroup broker, Ralph Casbarro, now 43, of Bayside, N.Y., already had been aiding the day traders for at least eight months from his firm's Manhattan offices, the authorities say. He provided the Watley traders with perhaps their biggest single take: Shortly before 9:52 a.m. on July 24, 2002, a Citigroup trader could be heard announcing an order to sell Noble Corp. stock. Over the next three minutes, more than 10 Watley day traders shorted at least 36,000 Noble shares -- selling borrowed stock in hopes of replacing the shares later with cheaper ones and pocketing the difference -- at about $28.63 each. Over the next two minutes, Citigroup executed a sell order for the stock as the price dropped, and Watley traders scooped up 36,000 shares at about $28.10 each -- a 53-cents-a-share profit for a total gain of at least $19,000, the SEC says.
By August 2002, Mr. Amore had a fourth broker on board -- David Ghysels, 47, who worked in Lehman's Palm Beach, Fla., office.
Watley made 400 trades based on squawk-box chatter piped in by the four brokers, generating at least $650,000 in gross profits, the SEC says. That's not including another day-trading firm not named in the SEC complaint that received access to squawk-box chatter from Messrs. O'Connell and Mahaffy.
At the time, compensation for Wall Street's low-level brokers was in a post-bubble slump, because the value of shares traded had plummeted. In 2002, the average broker earned $150,828, down 24.5% from 2000, the Securities Industry Association says. These four brokers' salaries were supplemented by bribes disguised as commissions generated by bogus "wash trades," authorities say. In all, the Watley traders generated $310,000 in commissions for the four brokers, not counting cash payments to Messrs. Casbarro and Mahaffy, the SEC suit says.
A typical payoff worked like this, the indictment alleges: On May 15, 2003, Watley had Mr. Casbarro buy 40,000 shares of Solectron Corp. for about $3.75 a share through the firm's Citigroup account, generating a $2,400 "commission/bribe" for the broker. That same day, Watley had Mr. O'Connell sell the same number of Solectron shares at about the same price through the firm's Merrill account, generating another $2,400 for that broker.
Things unraveled in mid-2003, amid a wave of allegations between Watley and Mr. Amore. Watley's other executives became suspicious of Mr. Amore, firing him and filing a civil suit in state court in Manhattan. The company alleged he lost $2.9 million on a client's account in a matter of hours, hid trading losses, siphoned off firm funds for his own use and threatened to "blackmail" a colleague with surreptitious tape recordings of conversations. Mr. Amore denied the allegations and countersued.
After his firing, Mr. Amore took about two dozen traders with him to E*Trade Financial Corp. But that job lasted only about two months. The firm told him not to trade on squawk-box chatter, and his traders didn't generate much revenue, says a person briefed on the matter. An E*Trade spokeswoman declined to comment yesterday.
Meanwhile, someone at the National Association of Securities Dealers heard that Merrill squawk-box orders were being leaked and informed the firm, says a person familiar with the matter. In late 2003, the firm separately had received a similar tip, investigated it and by early 2004, restricted brokers' access to the squawk-box information, says a Merrill spokesman.
By May 2004, separate federal probes by prosecutors in the Eastern District of New York, based in Brooklyn, were under way into the squawk-box allegations and into Mr. Amore's hedge-fund activities. Mr. Amore was indicted in July on 18 counts of fraud in the hedge-fund case. He pleaded not guilty. Late last year, he began cooperating with authorities on the squawk-box case in a bid for leniency, providing details about the brokers involved, people familiar with the matter say.
Decision to Cooperate
As the probe heated up last year, Mr. O'Connell and a Merrill compliance officer, Benjamin Grimaldi, denied knowing anything about front-running at the firm in interviews with U.S. Postal Inspection Service investigators assigned to the case, prosecutors say. They also persuaded Ms. Santiago, the assistant, to lie to the grand jury, prosecutors say. Ms. Santiago later decided to cooperate and recorded incriminating phone conversations with Mr. O'Connell, authorities say.
Mr. O'Connell left Merrill in February and was charged with obstruction in April. He pleaded not guilty to the charge. He has told friends that he's now a part-owner and manager of a Long Island bar. His lawyer didn't return phone calls.
Merrill in July fired Mr. Grimaldi, who pleaded guilty on July 28 to a witness-tampering conspiracy charge. Ms. Santiago resigned from Merrill earlier this year and pleaded guilty on Aug. 4 to conspiracy to obstruct justice. She is awaiting sentencing. Mr. Grimaldi declined to comment and his lawyer didn't return calls seeking comment. Ms. Santiago's lawyer declined to comment.
Citigroup fired Mr. Casbarro in March. He worked for First Montauk Securities until earlier this month. He couldn't be reached for comment. According to an NASD filing, Mr. Casbarro contends his conduct was "common practice" and "management knew and gave [its] blessing." Citigroup declined to comment on that. Citigroup also fired Mr. Mahaffy, in June. His lawyer didn't return phone calls seeking comment.
Mr. Ghysels left Lehman in March 2003 and then worked for Citigroup's Boca Raton, Fla., office until May 2005, the SEC says. His lawyer, Jeff Hoffman, says, "The government alleges this [squawk-box chatter] was material nonpublic information, and we believe it will be shown that was not the case."
Prosecutors last week unsealed a federal grand jury's 40-count indictment alleging securities fraud and bribery among other things against the four brokers. The charges carry prison sentences of up to 25 years each. The SEC has notified Watley, which continues to operate a brokerage firm called A.B. Watley Direct, that it may face civil charges. Authorities say their probe is continuing. Lehman, Citigroup and Merrill say they are cooperating.
Write to Aaron Lucchetti at
aaron.lucchetti@wsj.com1 and Kara Scannell at
kara.scannell@wsj.com2
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