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SEC acusa dois por insider trading no caso Ackman-Herbalife

shakedoamorDois homens dividiam um apartamento e informações privilegiadas. Acabaram acusados pela Securities and Exchange Commission (SEC) por insider trading. O regulador americano informou hoje que Filip Szymik e Jordan Peixoto foram investigados e considerados culpados por negociações indevidas com ações da fabricante de produtos de nutrição Herbalife.

Peixoto apostou na queda das ações da Herbalife em 19 de dezembro de 2012, por meio de opções de venda. No dia seguinte, o bilionário ativista de posição vendida Bill Ackman, dono da gestora Pershing Square, anunciou que estava vendido em US$ 1 bilhão em ações da companhia e que se engajava em provar que a empresa era uma pirâmide.

O problema todo é que Peixoto só fez a operação — que lhe rendeu US$ 47,1 mil — após Szymik, então analista da Pershing Square, lhe contar que seu patrão faria o bombástico anúncio no dia seguinte. Já está decidido que o funcionário da gestora, responsável pelo vazamento da informação, levará multa exatamente no valor do lucro de seu amigo, US$ 47,1 mil. A pena de Peixoto ainda está sendo discutida.

Por conta de casos como esse, Jon Stokes, diretor de padrões profissionais do CFA Institute, associação internacional que representa analistas, defendeu, em seu blog, que decisões de investimento de investidores influentes sejam tratadas com o mesmo zelo que um fato relevante interno de uma companhia.

Ações como a de Bill Ackman (comprar ações e depois começar uma campanha pública para provar que a empresa é uma fraude) são muito controversas. O investidor se declara um homem bem-intencionado, que pretende desmascarar companhias fraudulentas. Muitos o consideram, entretanto, um manipulador do mercado, que usa sua influência para fazer o preço de ações oscilarem para ganhar dinheiro. Leia mais na edição de outubro da CAPITAL ABERTO, em uma reportagem sobre os polêmicos short seller activists.

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