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NASD DEPT OF ENFORCEMENT v GRUBMAN Click to find out why . . .



Keywords & Phrases
CaseNo: NDOEVG169694, CourtName: MISC 3, Plaintiff: NASD DEPT OF ENFORCEMENT, UniqueCaseRef: LCD>NDOEVG169694, Winstar, Respondents, Report, Target Price, Stock, Analyst, Grubman, Salomon, Gochuico, Research Reports, Telecommunications, Recommendations, Market Capitalization, Misleading, Risks, Funding, Common Stock, Equity Research Department, Communications, Wc11, Declared Bankruptcy, Material Facts, Free Cash Flow, Reasonable Basis, Clec, Crd, Enforcement, Broadband Telecommunications Service, Funding Gap, Preferred Stock , ContentID: 120253775

Case Documents
1 2002-09-23 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 130186
25 pages
PDF
Total Documents: 1 document , 25 pages
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1 . COMPLAINT

EXTRACTED KEY WORDS
RESPONDENTS
REPORT
TARGET PRICE
STOCK
ANALYST
GRUBMAN
SALOMON
GOCHUICO
RESEARCH REPORTS
TELECOMMUNICATIONS
RECOMMENDATIONS
MARKET CAPITALIZATION
MISLEADING
RISKS
FUNDING
COMMON STOCK
EQUITY RESEARCH DEPARTMENT
COMMUNICATIONS
WC11
DECLARED BANKRUPTCY
MATERIAL FACTS
FREE CASH FLOW
REASONABLE BASIS
CLEC
CRD
ENFORCEMENT
BROADBAND TELECOMMUNICATIONS SERVICE
FUNDING GAP
PREFERRED STOCK
-.-  ,."-.-------..

                                                    NASD
                                   OFFICEOFHEARlNGOFFICERS


                                                             1
DEPARTMENT              OF ENFORCEMENT,                      1
                                                             1
                                   COMPLAINANT,              1
                                                             )  DISCWLINARY  PROCEEDING
V.                                                           )  No.  CAI?  020042
                                                             1
                                                             )  HEAFUNG OFRICER -
JACK  BENJAMIN  GRUBMAN,  CRD  NO.                           )
1505636,  AND                                                )
                                                             1
CHRISTINE  RUZOL  GOCHUICO,  CRD  NO.  1
2794210,                                                     1
                                                             )
                                                             1


                                               COMPLAINT

            Upon  information  and belief,  Complainant,  the Department  of  Enforcement  alleges

follows:

                                                SUMMARY

             1.  Jack Benjamin  Grubman  (Grubman),  a Managing  Director  and Senior  Analyst  in

Equity  Research Department  of  Salomon  Smith  Barney, Inc.  (Salomon)  and  Christine  Ruzol

Gochuico  (Gochuico),  a Vice  President and Analyst  in  Salomon's  Equity  Research Department,

wrote  and published  research reports during  200 1 that contained  misleading  statem.ents

Winstar  Communications,  Inc.  (Winstar),  a broadband  telecommunications  service  provider.  The

reports  recommended  the purchase  of  the common  stock of  Winstar  with  a "Buy"  rating  -

Salomon's  highest rating  -  and with  a 12-18  month  Target  Price  of  $50 per  share even  as


      stock plummeted  from  approximately  $20 to  14 cents.  The  Respondents  continued  to

      recommend  the stock at this price  even  as the market  capitalization  collapsed  from 
SNIPPETS:
  • Upon information and belief, Complainant, the Department of Enforcement alleges as
  • Jack Benjamin Grubman, a Managing Director and Senior Analyst in the
  • Equity Research Department of Salomon Smith Barney,
  • Gochuico, a Vice President and Analyst in Salomon's Equity Research Department,
  • wrote and published research reports during 200 1 that contained misleading statem.ents
  • Winstar Communications, Inc., a broadband telecommunications service provider.
  • reports recommended the purchase of the common stock of Winstar with a "Buy" rating Salomon's
  • stock plummeted from approximately $20 to 14 cents.
  • the Winstar reports written by the Respondents failed adequately to
  • disclose the risks of investing in Winstar stock, including important risks relating to
  • With regard to the Target Price, for example, the
  • Respondent Grubman, CRD No. 1505636, age 48, was first associated with a member
  • those companies also declared bankruptcy during 2001 and 2002.
  • She assisted Grubman in analyzing and writing research reports
  • competitive local exchange carrier, or CLEC, industry with "Baby Bells" to provide "last-mile"
  • came about because of Winstar's funding situation.
  • report, this action was "a step in the right direction in addressing funding gap.
  • Winstar's market capitalization was almost $1 billion.
  • The reports authored by Respondents omitted material facts and failed to disclose
  • Respondents made non-public recommendations that were contrary to the publicly
  • "WC11 report"earnings" next week - on the 28th.
  • "Funding to FCF [free cash flow positive] is an issue,
  • Respondents failed to have a reasonable basis for the Winstar Target Price.
  • statements and assertions regarding the conversion of the Series A preferred stock,
  •    |