• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Exclusive

An hour in the Oval Office with President Trump Fortune Editor-in-Chief: Alyson Shontell sat down with President Trump in the Oval Office for an hour. Tariffs, Intel, AI, Boeing, Iran—and the question every CEO eventually has to answer: who's next?

An hour in the Oval Office with President Trump Fortune Editor-in-Chief: Alyson Shontell sat down with President Trump in the Oval Office for an hour. Tariffs, Intel, AI, Boeing, Iran—and the question every CEO eventually has to answer: who's next?

An hour in the Oval Office with President Trump Fortune Editor-in-Chief: Alyson Shontell sat down with President Trump in the Oval Office for an hour. Tariffs, Intel, AI, Boeing, Iran—and the question every CEO eventually has to answer: who's next?

An hour in the Oval Office with President Trump Fortune Editor-in-Chief: Alyson Shontell sat down with President Trump in the Oval Office for an hour. Tariffs, Intel, AI, Boeing, Iran—and the question every CEO eventually has to answer: who's next?

An hour in the Oval Office with President Trump Fortune Editor-in-Chief: Alyson Shontell sat down with President Trump in the Oval Office for an hour. Tariffs, Intel, AI, Boeing, Iran—and the question every CEO eventually has to answer: who's next?

An hour in the Oval Office with President Trump Fortune Editor-in-Chief: Alyson Shontell sat down with President Trump in the Oval Office for an hour. Tariffs, Intel, AI, Boeing, Iran—and the question every CEO eventually has to answer: who's next?

An hour in the Oval Office with President Trump Fortune Editor-in-Chief: Alyson Shontell sat down with President Trump in the Oval Office for an hour. Tariffs, Intel, AI, Boeing, Iran—and the question every CEO eventually has to answer: who's next?

An hour in the Oval Office with President Trump Fortune Editor-in-Chief: Alyson Shontell sat down with President Trump in the Oval Office for an hour. Tariffs, Intel, AI, Boeing, Iran—and the question every CEO eventually has to answer: who's next?

An hour in the Oval Office with President Trump Fortune Editor-in-Chief: Alyson Shontell sat down with President Trump in the Oval Office for an hour. Tariffs, Intel, AI, Boeing, Iran—and the question every CEO eventually has to answer: who's next?

An hour in the Oval Office with President Trump Fortune Editor-in-Chief: Alyson Shontell sat down with President Trump in the Oval Office for an hour. Tariffs, Intel, AI, Boeing, Iran—and the question every CEO eventually has to answer: who's next?

The winners and losers in SAC’s $1.8 billion guilty plea

By
Stephen Gandel
Stephen Gandel
Down Arrow Button Icon
By
Stephen Gandel
Stephen Gandel
Down Arrow Button Icon
November 5, 2013, 1:58 PM ET

FORTUNE — We now have a much bigger number for how much money average investors lose to insider trading. It’s at least $1.8 billion.

That’s how much money SAC Capital agreed to pay on Monday, along with pleading guilty to the criminal insider trading charges. The question is whether getting to that number, and to the bottom of the wrongdoing at SAC, was worth the time and effort.

The New York Times says the government has been investigating insider trading charges since the beginning of last decade. SAC appears to have been an early target of those efforts, which have also led to more than 70 convictions, including hedge funder Raj Rajaratnam and former Goldman Sachs board member and McKinsey executive Rajat Gupta.

MORE: SAC Capital punished for the government’s own failure

The government is not done with Cohen. Two of his former lieutenants still face trials, and either could flip on him. And Cohen is still facing civil charges from the SEC, which could bar him from managing money forever. Nonetheless, the outcome so far of the government’s eight-year pursuit of Cohen is $1.8 billion (about 20% of his net worth) and an admission of guilt, which notably comes from the firm and not Cohen himself. Was it worth it?

Justice Department: Loser, sort of

The fact that the Justice Department wasn’t able to directly charge Cohen himself with breaking the law after all these years has got to be considered a loss for the government, at least for now. Plenty of Wall Streeters would gladly take Cohen’s success and wealth in return for agreeing to have their firm plead guilty for insider trading. Having to do jail time would be a different story. So you have to wonder just how much of a deterrent the case will be.

That being said, the Justice Department is not walking away empty-handed. And now that many others have gone to jail, perhaps the need for a deterrent has shrunk.

MORE: A top white-collar defense lawyers tells all

Still, the government, and Bharara in particular, have been criticized for spending too much on insider trading, and not enough time on the misdeeds that may have led to the financial crisis. The huge haul from Cohen could quell criticism that this has been a waste of effort. And if you believe the punishment matches the crime, it’s clear that the insider trading probably was much bigger and much more damaging to the market and average investors. So that’s a win, sort of.

Steven Cohen: Winner, sort of

Stephen Cohen

Cohen has reportedly griped to friends about having to pay $1.8 billion in penalties for insider trading, which he contends was conducted by others at his firm. But the real test of whether you think that’s a lot of money has to do with how much of Cohen’s fortune you think came from insider trading. If your view is all of it, then $2 billion of $9 billion seems like a good deal.

More importantly, Cohen stays out of jail. SAC will have to return all outside money. But, at least for now, there is nothing stopping Cohen from managing money for other investors. He just can’t do it at SAC. But he can close SAC, set up a new firm, and go about his business. That’s why the SEC is still trying to pursue a ban on Cohen, and why Cohen still is denying he did anything wrong. If they don’t get the ban on Cohen specifically, it’s hard to see how the current outcome is not a win for Cohen.

That being said, Cohen is far from out of legal trouble. Besides the government, Cohen and SAC are being sued by investors who invested in stocks in which SAC has been tied to insider trading. The fact that SAC has pleaded guilty could make these cases easier for plaintiff lawyers. Already, a class action suit has been filed on behalf of investors who lost $225 million on drug company Elan, which is the focus of one of the cases against an SAC lieutenant.

Hedge funds – Losers

A few years ago, people had considered insider trading, with the exception of Martha Stewart, largely a relic of the 1980s. It became so unregulated that it basically became a business model. A number of firms billing themselves as offering research popped up to funnel insider tips to hedge funds. They were known as insider networks.

MORE: Sorry, but hedge funds are not going away

Now hedge funds have to spend a lot of time and money proving their firms aren’t breaking the rules around insider trading. Many funds have stopped using outside research firms all together. And my colleague Roger Parloff, in his excellent Fortune cover story on insider trading, said some money managers won’t make a trade that they think could be seen as the result of insider information, even if they don’t think it actual breaks the law.

Perhaps it’s not coincidence that hedge funds had some of their best years in the mid-2000s, when most regulators were focused on accounting fraud, and not insider trading. Or the fact that recently hedge fund performance has been lackluster.

Numbers – Winner

The insider charges against Cohen, and the $13 billion settlement the government negotiating with JPMorgan Chase (JPM), are signs that financial crimes are coming with stiffer monetary penalties. So it has been a few good weeks for zeros.

But most fun part of the Justice Department’s guilty plea deal is where its goes into the math of how the government came to a fine of $1.8 billion for Cohen. According to the deal, the Justice Department gave SAC a “culpability score” of 5 based on the crime (out of 10 I assume but it doesn’t really say). The Department says it added 3 because the size of the crimes. But then it subtracted 1 because SAC agreed to plea guilty without going to trail. It also got a number of scores based on the illicit profits the firm got from insider trading, which ranged from 8 to 36. And from that, the Justice Department came to a decision that $1.8 billion was the correct fine. They could have just said, “How about nearly $2 billion? That feels right.” But they didn’t. They used a culpability formula. Math wins.

About the Author
By Stephen Gandel
See full bioRight Arrow Button Icon

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

altman
CommentarySam Altman
Musk vs. Altman: AI safety cannot be one man’s job
By Stavros GadinisMay 18, 2026
1 hour ago
Pope Leo launches an AI commission days before he releases a papal letter alongside Anthropic cofounder Christopher Olah
AIPope
Pope Leo launches an AI commission days before he releases a papal letter alongside Anthropic cofounder Christopher Olah
By Catherina GioinoMay 18, 2026
2 hours ago
John Ketchum, CEO of NextEra Energy, speaks during BlackRock's 2026 Infrastructure Summit in Washington, DC, on March 11, 2026. Photographer: Daniel Heuer/Bloomberg via Getty Images
EnergyNextEra Energy
NextEra’s $67 billion Dominion takeover creates the world’s largest utility—just in time to win the AI data-center power surge
By Jordan BlumMay 18, 2026
2 hours ago
Employers are quietly pausing 401(k) matches again. The last time this happened was the 2008 recession and Covid
Personal Finance401(k)
Employers are quietly pausing 401(k) matches again. The last time this happened was the 2008 recession and Covid
By Courtney Vinopal and HR BrewMay 18, 2026
2 hours ago
Harvard University banners hang in front of a building
CryptoCryptocurrency
Harvard sold off its entire $87 million Ethereum stake just one quarter after buying it
By Jack KubinecMay 18, 2026
3 hours ago
Not the Allbirds effect: Japan’s top bidet maker Toto has been quietly making chip supplies for decades, and the stock market finally noticed
AIChips
Not the Allbirds effect: Japan’s top bidet maker Toto has been quietly making chip supplies for decades, and the stock market finally noticed
By Catherina GioinoMay 18, 2026
3 hours ago

Most Popular

The top foreign holders of U.S. debt may soon dump Treasury bonds and bring their money back home, potentially spiking borrowing costs
Economy
The top foreign holders of U.S. debt may soon dump Treasury bonds and bring their money back home, potentially spiking borrowing costs
By Jason MaMay 17, 2026
1 day ago
Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI
AI
Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI
By Jake AngeloMay 16, 2026
2 days ago
The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
Politics
The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
By Jake AngeloMay 12, 2026
6 days ago
SpaceX heads into a record-shattering IPO with the 'deepest moat that exists today' as investors vow to 'never bet against Elon'
Innovation
SpaceX heads into a record-shattering IPO with the 'deepest moat that exists today' as investors vow to 'never bet against Elon'
By Jason MaMay 16, 2026
2 days ago
'No one was coming to save me': How Reese Witherspoon built a $900 million company from a problem Hollywood wouldn't fix
Success
'No one was coming to save me': How Reese Witherspoon built a $900 million company from a problem Hollywood wouldn't fix
By Sydney LakeMay 17, 2026
1 day ago
Mamdani's New York is coming to tax your private jet. Here's how to prepare
Personal Finance
Mamdani's New York is coming to tax your private jet. Here's how to prepare
By Greg RaiffMay 16, 2026
3 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.