Goldstein Loses Free-Speech Appeal In Mass.’s Highest Court

Jul 6 2010 | 1:02pm ET

In his ongoing battle with the Commonwealth of Massachusetts, the third time was not the charm for Bulldog Investors founder Philip Goldstein.

The state’s Supreme Judicial Court on Friday rejected Bulldog’s appeal of a $25,000 fine levied against it by Massachusetts Secretary of the Commonwealth William Galvin more than three years ago. The appeals court, the state’s highest, ruled that New Jersey-based Bulldog violated Massachusetts securities laws by providing information about itself to a non-accredited investor. Bulldog’s funds are not registered in Massachusetts.

The ruling upholds two lower-level decisions, first from a Massachusetts Securities Division hearing officer and then a Boston Superior Court judge, which found against Bulldog. All three stem from Galvin’s January 2007 cease-and-desist order against Bulldog.

Bulldog had maintained that Galvin had no jurisdiction over it and that its rules violated the hedge fund’s First Amendment right to free speech.

It is unclear whether Bulldog plans to further appeal the case, but it would certainly be no surprise if the hedge fund did so. Goldstein in February sued Galvin, who he once called a “pompous ass,” accusing him of singling out Bulldog because of Goldstein’s outspokenness.

After losing the first court decision in October, Goldstein told Reuters, “apparently, if you live in Massachusetts, you have to be rich to read truthful material on a hedge fund Web site.”


In Depth

High Time For A Cannabis Hedge Fund?

Sep 30 2014 | 7:07am ET

Launching a hedge fund is always a gamble, but Leslie Bocskor's decision to launch...

Lifestyle

Griffin Donates $1M To Rauner's Illinois Gov. Campaign

Sep 22 2014 | 9:29am ET

Hedge fund billionaire Kenneth Griffin definitely has a dog in this fight. The Citadel...

Guest Contributor

Appraisal Ratio Key To Evaluating Hedge Funds And Other New Investments

Sep 29 2014 | 3:07pm ET

As a former finance professor Peter Hecht experiences heartburn every time he hears...

 

Videos

Editor's Note

    Must Attend Hedge Fund Charity Events For October

    Sep 30 2014 | 9:29am ET

    The crisp Autumnal days of October are upon us, and so are a few of the hedge fund industry’s favorite charitable events. If you have never been to Rocktoberfest, well, you are missing out. And for a quieter evening of sipping and socializing, stop by HFC’s Wine Soiree. Read more…

 

Futures Magazine

September 2014 Cover

High frequency market making

High frequency trading is not evil, it is not a conspiracy and it really is not new; it is the natural evolution of the professional trading community making markets, providing liquidity and hopefully...

The Alpha Pages

TAP July/August 2014 Cover

The Alpha Pages Interview: Senator Rand Paul

Senator Paul sat down in the debut series of the Alpha Pages Interview to discuss the broken tax code, regulation surrounding Bitcoin, and his plans for the 2016 Presidential election.