Hedge Fund Gryphon Wins PIPEs Charge Dismissal

Jan 4 2008 | 8:18am ET

The Securities and Exchange Commission suffered another setback to its effort to restrict hedging with private investment in public equities, as a federal judge dismissed the regulator’s charges against a hedge fund.

The SEC had claimed that Dallas-based Gryphon Partners had violated Section 5 of the Securities Act of 1933 when it covered short positions using PIPE shares. It is the second such ruling on the federal level; in October, a federal judge in Charlotte, N.C., dismissed the SEC’s charges against John Mangan, formerly of hedge fund Mangan & McColl Partners.

In dismissing the charges against Gryphon chief Edwin Lyon and the Gryphon Family of Funds, U.S. District Judge Sidney Stein in New York called the SEC’s theory that covering short sales with PIPE shares is an unregistered distribution of securities “implausible,” and the “negligible support” it provided.

“We are very gratified that Judge Stein has rejected what was the centerpiece of the SEC’s case against Gryphon and myself,” Lyon, who, like Mangan, still faces other charges, said. “We look forward to prevailing on the few remaining issues in the case and believe that we will be entirely vindicated in this matter.”

“Judge Stein’s well-reasoned and careful opinion obviously undermines the SEC’s entire theory of a Section 5 violation both in this case, and the many, many other enforcement actions that the SEC has brought and is considering bringing against other hedge funds,” Gryphon’s lawyer, Christopher Clark, said. “This is an important decision for Gryphon, for Bucky Lyon and for the hedge fund community as a whole.”


In Depth

Q&A: Filippo Pignatti Morano On The Ultimate Alternative Investment...Classic Cars

Jan 29 2015 | 12:37pm ET

In 2011, Filippo Pignatti Morano launched a fund to invest in classic cars. FINalternatives...

Lifestyle

Looking For A Hedge Fund Manager? Try Davos

Jan 28 2015 | 8:48am ET

Davos, Switzerland seems to have become the hedge fund capital of the world—at...

Guest Contributor

Five Tips For Successfully Marketing Your Hedge Fund

Jan 30 2015 | 9:14am ET

When it comes to the hedge fund industry, the notion of “build it and it will...

 

Editor's Note