Saturday, September 25, 2010

Sina Focus M & A suspected insider trading Fosun

December 26 morning news, Sina deal with the masses, like a good show, suspense frequent climax after another. For example, just to be accurate as bargain-hunting in the transaction of Fosun International and its chairman Guo Guangchang, soon fell into suspected insider trading among the rumors.

Back in time to December 19 and 22, that is, Sina, Focus announced the deal two days before.

Fosun time in two days, suddenly buy a lot of Focus Media's American Depositary Shares. Although Fosun since November 17, Focus since the beginning of shares purchased, but in 19, 22, two days by buying Fosun Focus shares nearly 60% of the total purchase, quite interesting.

In fact, apart from these there are even more bewildering to say the incident.

Jason Jiang, and Guo Guangchang allegedly quite origins, the two apart is the Cheung Kong Graduate School CEO class students, but also serving as the Chamber of Commerce's vice president of Shanghai and Zhejiang. A domestic listed company executives said in an interview three weeks ago has been informed of their masses, M Sina news, Guo Guangchang's fair to say, "should be heard."

There is also a speculation that Jun Tang Guo Guangchang informed by Sina and the acquisition of Focus. Jason Jiang Jun Tang has been rumored to private consulting and merger and acquisition between Sina, Jun Tang has led the 2005 acquisition of Grand accurate 19.5% stake in Sina, which was once rumored to be joining Fosun Jun Tang Guo Guangchang personal friendship with the good.

Christmas Eve, Tencent Technology on relevant information, please call Jun Tang, and Guo Guangchang, Jun Tang has been in no one answered the phone status, and Guo Guangchang uses the "I am in a meeting," refused to respond is given.

Fosun denied the alleged insider trading

According to the latest disclosure of data, Fosun has holdings of shares to 16.78%, Focus, already calculated to Fosun stake to 7.66%, ranked the second largest shareholder of Sina bit.

In this regard, the Tencent Fosun spokesman Sun Jun Fuxing Science and Technology, said, "just an investor, not the operator," is related Fosun favored team, these two companies are currently no plans to make any changes. "We will now step up to do," said Sun Jun Fosun also has its own strategy for the future, but these strategies and no clear timetable.

Speaking of "Fuxing suspected insider dealing" rumors, Sun Jun said, "This is groundless and without any basis in fact malicious speculation." Sun Jun re-emphasized Focus Fosun shares acquired only "simple financial investment", the investment motive is that Focus "market, the stock price more reasonable."

Artesyn Technologies will be, "If indeed been informed of the relevant prior Fosun Insider" thrown to the proposition that countries money investment adviser CEO Lin Jiaxi. Lin Jiaxi that if Fosun that is good news, certainly before the two sides announced is the best time to buy. Obviously from the usual point of view Sina and Focus M & A like a good news indeed.

However, the U.S. market and did not give a good answer, Sina and Focus of the shares after the merger announcement or Qi. Sun Jun on whether it will continue to be overweight Fosun Focus declined to comment, said Fosun strategic investment "without prior notice to do", but also refused to Focus on the Sina shares both fell comment.

According to market the day before show (25, U.S. stocks closed), Sina's stock to 23 U.S. dollars to open lower, price-earnings ratio 17.18, worth 1.28 billion U.S. dollars, Focus test a low minimum opening price all the way to 8.76 U.S. dollars, price-earnings ratio of 7.62, the market value of 1.14 billion.

"Presumption of guilt" regulatory principles

Focus may be dropped not a bad thing. Analysts said the share price if the percentage of the audience rose, Fosun suspected insider trading, or by the U.S. Securities and Exchange Commission (SEC) investigation.

"According to the U.S. Securities Act, any person to purchase more than a certain number of shares of a company, the SEC needs to take an oath to buy the ground, and not inside information." Black bird Media CEO Guo Kaisen recorded in a blog, SEC trading hours from the point of approach means to determine whether the alleged insider trading.

Artesyn Technologies learned in the survey, many domestic investors and lawyers have pointed out that the domestic stock market insider trading alleged incident came to light people are generally required before evidence investigative intervention, the so-called "presumption of innocence."

Lang, however well-known economist has told us that the United States criminal law claim is "the presumption of innocence" and contrary to the Securities and Exchange Law. "It's idea is that you are guilty of only one stock, unless you can prove his innocence. If you can not prove that the insider trading."

This legislation seeks to deter insider trading behavior. Insider trading in the United States is a very serious crime, SEC crackdown on this most severe, even more than against the behavior of stock price manipulation.

Lang said the United States caught insider trading, there are two ways to deal with. "First, if you plead guilty right away, surrender, then fines. If you are not guilty, is the criminal code." Lang said the United States 99% of cases are caught by the party as long as the Commission immediately surrender.

In 2007, the former co-chairman Daniel Chiang Sina Sina shares are suspected of insider trading, SEC chose to accept the conditions to surrender illegally acquired more than 250,000 U.S. dollars, and considered a fine of 40 million. Meanwhile, SEC has also issued a penalty on Daniel Chiang, "within five years shall not act as the CEO."

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