WSJ : Three Men Charged in Stock Scam Involving $100 Million Deli

Three Men Charged in Stock Scam Involving $100 Million Deli
A former stockbroker and two accomplices turned small sandwich joint into a trading fraud, according to federal prosecutors in New Jersey

A deli in southern New Jersey was the vessel for an elaborate fraud scheme involving three men who managed to inflate the company’s stock-market value to $100 million, according to federal prosecutors and regulators.

The story of how Hometown International Inc.’s stock achieved such a lofty valuation was a mystery that played out in public last year. “The pastrami must be amazing,” hedge-fund manager David Einhorn wrote in a note to investors, before citing the stock as an example of how “the market is fractured and possibly in the process of breaking completely.”

All the attention drew the interest of federal criminal authorities, who on Monday charged the three men with securities fraud, wire fraud and money laundering. The Securities and Exchange Commission separately sued them over civil securities-fraud allegations.

One of the men, James Patten, convinced a childhood friend who had opened the store, Your Hometown Deli, to create a holding company, Hometown International, which Mr. Patten and his accomplices used to engineer their alleged stock fraud, according to court records made public Monday. The three men orchestrated the sale of millions of Hometown International shares to themselves and family members, friends and associates, while they maintained control over all the shares, according to the indictment.

The three men later sold shares to the public and traded shares among themselves, boosting the price and making the stock look more actively traded than it was, the indictment says. That kind of coordinated trading, known as wash trades or matched trades, is generally illegal.

Prosecutors said that illicit trading inflated Hometown International’s stock by almost 940%—from about $1.25 to nearly $13.

Mr. Patten, 63 years old, is a former stockbroker who was barred from the industry in 2006 over fraud allegations, according to Financial Industry Regulatory Authority records. In 2010, he pleaded guilty to mail fraud over claims that he sent a false account statement to a client, according to court records. He and Peter Coker Sr., 80, were arrested on Monday, according to authorities. Both men live in North Carolina, according to the indictment.

Peter Coker Jr., 53, lives in Hong Kong and remains at large, prosecutors said. Mr. Patten and Peter Coker Jr. couldn’t immediately be reached for comment. A phone message left at Peter Coker Sr.’s residence wasn’t immediately returned. Court records don’t list any attorneys for the men.

The two founders of the Paulsboro, N.J., deli weren’t charged or named in the indictment, which said they didn’t participate in the “control, operation or management” of Hometown International.

The scheme was intended in part to make Hometown International look like an attractive partner for a reverse merger, according to authorities. In a reverse merger, a private company subsumes a public company and takes its place on the stock market. Shareholders of the public company typically earn a lucrative payday when a private company buys them out.

In April, Hometown International merged with bioplastics company Makamer Holdings Inc. Messrs. Patten, Coker Sr., and Coker Jr. haven’t yet sold their shares for a profit, according to the indictment. Peter Coker Jr., who had served as Hometown’s chief executive and chairman, resigned from the company.

The men pulled the same scheme with another small public company, E-Waste Corp. , whose stock they took from $0.05 in 2020 to $10 last year, the indictment says. The indictment asks for them to forfeit any money they earned from their involvement with Hometown International and E-Waste.

FT : France aims to shield bigger companies as recession fears deepen in Europe

France aims to shield bigger companies as recession fears deepen in Europe
ECB president acknowledges growth will ‘slow substantially’ as Paris promises additional aid for energy bills

France’s finance minister has pledged additional aid for larger companies hit by high energy prices, as the head of the eurozone’s central bank warned that the region was facing “unprecedented shocks”.

Bruno Le Maire, France’s economy minister, vowed his government would help to shield businesses from spiralling gas and electricity prices, saying he would push to double the state aid available for industrial companies and other medium-sized businesses struggling with energy bills to up to €100mn. The measure requires sign-off from Brussels, but a €3bn pot already earmarked for helping companies will be rolled into 2023.

“Inflation is a poison for democracies, history has shown that,” Le Maire said as he outlined a budget for next year dominated by price-busting measures. France has already shielded households and smaller businesses from the surge in energy prices, capping increases at 15 per cent.

Russia’s invasion of Ukraine has squeezed gas supplies to Europe, pushing up prices of fuel, food and many other products, eroding household spending and hitting industrial production. Inflation is expected to reach a new eurozone record of 9.7 per cent when pricing data for September is published on Friday, while concerns intensify that the region will enter recession next year.

Christine Lagarde, president of the European Central Bank, told lawmakers on Monday that growth would “slow substantially” in the coming quarters.

However, with inflation almost five times the ECB’s target of 2 per cent, the European parliament heard that monetary policymakers would not be deterred from raising rates. The central bank has already increased borrowing costs by 1.25 percentage points since July.

The OECD warned on Monday that Europe risked being pushed into a recession next year if a harsh winter exacerbates the region’s energy shortages and natural gas consumption is not reduced at least 10 per cent to avoid it being rationed for power-hungry industrial groups. 

The Paris-based organisation representing the world’s richest countries said Europe would be the hardest-hit region as it slashed its forecasts for global growth next year by 0.6 percentage points to 2.2 per cent.

Its forecast for eurozone growth was cut from 1.6 per cent to 0.3 per cent and it predicted Germany, the eurozone’s largest economy, would contract 0.7 per cent next year, down from its forecast for growth of 1.7 per cent three months ago.

EU gas storage, even at its current levels of about 80 to 90 per cent of capacity, might be insufficient to tide the bloc over a typical winter without it falling to dangerously low levels, the OECD added.

If governments are forced to ration gas supplies it would knock a further 1.25 percentage points off eurozone growth next year, it said, while adding 1.5 percentage points to its baseline forecast for inflation in the bloc to be slightly above 6 per cent next year.

Concerns about the energy crisis and a looming recession caused German business confidence to fall for the fourth consecutive month to a new 28-month low, according to the Ifo Institute’s benchmark survey of 9,000 companies.

The Ifo index of business confidence, published on Monday, dropped to 84.3 points, down from 88.6 last month. Economists polled by Reuters had expected a smaller decline to 87.1.

Clemens Fuest, president of Ifo, said the economy was “slipping into recession”.

“Pessimism regarding the coming months has grown decidedly; in retail, expectations have fallen to a record low.”

France, the region’s second-largest economy, is expected to grow 0.6 per cent next year, according to the OECD, which cut its forecast from 1.4 per cent in June.

The French government has budgeted a net €16bn to cap increases in electricity and gas prices for consumers and some of the smallest businesses at 15 per cent next year. It follows roughly €24bn spent this year on the so-called price shield.

Paris has delayed some difficult decisions on spending with a goal to keep the public sector deficit steady at 5 per cent of gross domestic product next year. It aims to bring it down to 3 per cent, or within EU-imposed limits, by 2027, according to the budget plans.

>>> US After Hours Summary: Pretty quiet after hours, no earnings; SPLK +3.3% hi

After Hours Summary: Pretty quiet after hours, no earnings; SPLK +3.3% higher after reaffirming guidance; NLS +6.5% announces strategic review

After Hours Gainers:

Companies trading higher in after hours in reaction to earnings/guidance: SPLK +3.3% (reaffirms guidance; also CFO to depart co), RRX +0.1%

Companies trading higher in after hours in reaction to news: NLS +6.5% (announces strategic review), STNG +2.6% (announces repurchase of 222,396 shares in the open market), INGR +0.4% (authorizes new 6 mln share repurchase program; also increases dividend), LUV +0.2% (COO to step down, names new COO), UNFI +0.1% (UNFI to roll out SYM's robotics automation at five distribution centers)

After Hours Losers:

Companies trading lower in after hours in reaction to earnings/guidance: FLT -0.1% (reaffirms Q3 guidance; also CFO to step down)

Companies trading lower in after hours in reaction to news: RWT -1.6% (names new CIO as part of strategic evolution of its organizational structure), PTON -0.7% (in sympathy with NLS strategic review), SYM -0.5% (UNFI to roll out SYM's robotics automation at five distribution centers), MRNA -0.2% (FDA authorizes additional five batches of updated MRNA COVID booster made at a CTLT facility, according to Reuters), SAIC -0.1% (awarded $757 mln firm-fixed-price U.S. Army contract)

>>> US Close Dow -1,11% S&P -1,03% Nasdaq -0,60% Russell -1,41% VIX 32,26 +7,82%

Closing Stock Market Summary

The stock market had another weak showing today, building on recent losses. It looked poised to stage a rebound midmorning with the Nasdaq up more than 1.0% at its high. Upside momentum quickly faded and the stock market sank, bringing the S&P 500 slightly below Friday's low (3,644). The selling impulse weakened at that point and stocks managed to bounce a bit, but the S&P 500 did log a fresh closing low for the year (3,655).

Price action in the stock market today was driven by price action in the Treasury market, which itself was driven by huge swings in the foreign exchange market. The British pound tumbled to an all-time low against the dollar (1.0349) before staging a sharp recovery to 1.0933 amid a growing belief that the Bank of England (BoE) would step-in with an emergency rate hike to support the currency. 

An update from the Bank of England today indicated that a "full assessment" of matters will occur at its next scheduled meeting (November 3). So, there was no intervention today and market participants have been led to believe that there won't be any supportive rate hike action until November.

That recognition fueled renewed selling interest of the pound and Treasuries. The US Dollar Index was up 0.8% to 114.05 with GBP/USD -1.5% to 1.0692.

The 2-yr note yield, at 4.20% shortly before the BoE update, settled at 4.31%. The 10-yr note yield, at 3.75% shortly before the BoE update, settled at 3.88%.

Relative strength from mega cap stocks helped limit index level losses. The Vanguard Mega Cap Growth ETF (MGK) closed with a 0.5% loss versus a 1.5% loss in the Invesco S&P 500 Equal Weight ETF (RSP). The S&P 500 closed down 1.0%.

Ten of the 11 S&P 500 sectors closed in the red with losses ranging from 0.2% (consumer discretionary) to 2.6% (real estate). The lone holdout in the green, consumer staples (+0.01%), barely squeezed a gain. Decliners led advancers by a 5-to-1 margin at the NYSE and a better than 2-to-1 margin at the Nasdaq. 

Casino stocks were one bright spot in the market today following reports China will allow Macau tour groups for the first time in three years. Melco Resorts (MLCO 6.85, +1.35, +25.5%), Las Vegas Sands (LVS 39.66, +4.19, +11.8%), and Wynn Resorts (WYNN 66.80, +7.15, +12.0%) were winning standouts for the group. 

Energy complex futures settled mixed. WTI crude oil futures fell 2.7% to $76.63/bbl. Natural gas futures rose 0.3% to $7.01/mmbtu. Unleaded gasoline futures fell 1.0% to $2.28/gal. 

There was no U.S. economic data of note today.

Looking ahead to Tuesday, market participants will receive the following economic data:

  • August Durable Orders (consensus -0.1%; prior 0.0.%) and Durable Orders, Excluding Transportation ( consensus 0.3%; prior 0.3%) at 8:30 a.m. ET
  • July FHFA Housing Price Index (prior 0.1%) and July S&P Case-Shiller Home Price Index (Briefing.com consensus 17.0%; prior 18.6%) at 9:00 a.m. ET
  • September Consumer Confidence ( consensus 105.0; prior 103.2) and August New Home Sales ( consensus 500,000; prior 511,000) at 10:00 a.m. ET

Dow Jones Industrial Average: -19.5% YTD
S&P Midcap 400: -22.4% YTD
S&P 500: -23.3% YTD
Russell 2000: -26.3% YTD
Nasdaq Composite: -31.0% YTD

>>> Europe : Brokers Upgrades & Downgrades - 26th of September 2022 V2(+)

>>> Up
* ASML Raised to Neutral at Grupo Santander; PT 480 euros
* Belimo Raised to Buy at Berenberg; PT 440 Swiss francs
* Carlsberg Raised to Buy at Jefferies; PT 1,110 kroner
* Close Brothers Raised to Buy at Berenberg; PT 1,250 pence
* Computacenter Raised to Buy at Citi; PT 2,450 pence
* Givaudan Raised to Overweight at Morgan Stanley
* Next Fifteen Raised to Buy at Peel Hunt (+)
* Soprano Raised to Reduce at Inderes; PT 82 euro cents
* TotalEnergies Raised to Overweight at JPMorgan; PT 62 euros
* Unilever Raised to Buy at Berenberg
* Varta Raised to Buy at M.M. Warburg; PT 53 euros (+)
* Varta Raised to Hold at Hauck & Aufhaeuser; PT 39 euros (+)

>>> Down
* AB InBev Cut to Hold at Jefferies; PT 55 euros
* AB InBev ADRs Cut to Hold at Jefferies; PT $54
* BP Cut to Neutral at JPMorgan; PT 520 pence
* Countryside Cut to Hold at Jefferies; PT 239 pence
* Golden Ocean Cut to Hold at Jefferies; PT 106.96 kroner
* Indel B Cut to Neutral at Banca Akros (ESN); PT 25 euros (+)
* Norsk Hydro Cut to Sell at Nordea; PT 50 kroner
* NSI NV Cut to Neutral at Oddo BHF; PT 26 euros
* Symrise Cut to Underweight at Morgan Stanley; PT 91 euros
* Varta Cut to Neutral at Goldman; PT 50 euros
* Varta Cut to Neutral at JPMorgan; PT 45 euros
* Vastned Cut to Underperform at Oddo BHF; PT 15 euros
* Wereldhave Cut to Neutral at Oddo BHF; PT 14 euros

>>> Initiation
* Ericsson Rated New Neutral at Redburn (+)
* Farfetch Rated New Sell at Citi; PT $6
* Moncler Rated New Outperform at Grupo Santander; PT 58 euros
* Nokia Rated New Buy at Redburn (+)
* OSB Group Rated New Buy at Berenberg; PT 750 pence
* Standard Chartered Rated New Buy at Orient Finance
* Virgin Money UK Resumed Hold at Berenberg; PT 170 pence

>>> Call
* Belimo Upgraded to Buy at Berenberg With Growth Not Priced In (+)
* Carlsberg Raised, AB InBev Cut at Jefferies; Beer Stocks Cheap
* Computacenter Raised to Buy at Citi With De-Rating Set to Halt
* Givaudan Has Superior Outlook to Symrise, Morgan Stanley Says
* Jefferies Cuts Most EMs in Global Allocation on Fed Tightening
* Stay Overweight FTSE 100 After UK Stimulus: Barclays Strategists (+)
* Unilever Set to Deliver on Growth, Raised to Buy at Berenberg
* Unilever CEO Retirement Seen as Positive for Change: Jefferies (+)

>>> Umicore : Umicore and Volkswagen's PowerCo establish JV for European battery

Umicore and Volkswagen's PowerCo establish JV for European battery materials production; Joint venture invests €3B and aims to produce battery materials for 2.2M fully electric cars per year year by 2030

Announced today the founding of a joint venture for precursor and cathode material production in Europe. From 2025 onwards, the joint venture will supply PowerCo's European battery cell factories with key materials. The partners aim to produce by the end of the decade cathode materials and their precursors for 160 GWh cell capacity per year, which compares to an annual production capacity capable of powering about 2.2 million full electric vehicles. Cathode active materials are crucial for a successful powertrain transition towards e-mobility as they are the key technological lever for battery performance, as well as the biggest single contributor to overall battery cost.The long-term partnership includes the production of precursor and cathode materials in Europe, which are strategically important input materials central to battery value creation. In addition, Umicore and PowerCo will collaborate on the sustainable and responsible sourcing of raw materials, an area in which Umicore is an industry leader. Finally, Umicore will be providing refining services to PowerCo and both partners aim to include, at a later stage, elements of refining and battery recycling based on Umicore’s technology and know-how into the scope of the JV.

Production at the JV is scheduled to start in 2025 to supply PowerCo’s Salzgitter factory and reaching an annual capacity of 40 GWh in 2026. Both partners target to grow the JV‘s annual production capacity to 160 GWh by the end of the decade, based on market and demand development. The production site search is still ongoing.

Under the terms of the agreement, both partners will jointly control the JV and will equally share costs, investments, revenues and profits. The JV will give both partners a significant first-mover advantage in the fast-growing e-mobility market in Europe. Together they plan to invest about €3 billion into new materials production capacities.

>>> TradeGate Pre-Market Indications

DAX:
  • Daimler Truck (DTG TH) -1.2%
  • Adidas (ADS TH) -1.2%
  • Linde (LIN TH) -1.4%
  • Puma (PUM TH) -1.8%
MDAX:
  • Jungheinrich (JUN3 TH) +1.8%
  • Nemetschek (NEM TH) -1.1%
  • Aixtron (AIXA TH) -1.1%
  • Encavis (ECV TH) -1.1%
  • Varta (VAR1 TH) -1.5%
    • Varta Cut to Neutral at Goldman; PT 50 euros
  • United Internet (UTDI TH) -1.8%
SDAX:
  • Grenke (GLJ TH) +1.4%
  • Hensoldt (HAG TH) -1.6%
  • VERBIO Vereinigte (VBK TH) -2.6%
  • CropEnergies (CE2 TH) -2.7%
    • Tritium Dcfc, Ceres Power Holdings Decline: NEX Index Movers
  • Shop Apotheke (SAE TH) -2.8%
  • Hypoport (HYQ TH) -4.1%
    • Stock dropped 53% last week