Source: US FBI
LOS ANGELES – A stock analyst and frequent guest on business television news channels has been charged in a 19-count indictment alleging he used his public platform to illicitly profit by manipulating stock market activity and trading contrary to the position he presented to the public, the Justice Department announced today.
Andrew Left, 54, formerly of Beverly Hills but who now resides in Boca Raton, Florida, is charged with one count of engaging in a securities fraud scheme, 17 counts of securities fraud, and one count of making false statements to federal investigators.
Left is expected to be arraigned in the coming weeks in United States District Court in downtown Los Angeles.
“This defendant allegedly used his platform as a securities commentator to manipulate the markets and enrich himself in the process,” said United States Attorney Martin Estrada. “The integrity of our securities markets is essential to the health of our financial system, and those who undermine that integrity imperil the savings of hard-working people. My office’s Corporate and Securities Fraud Strike Force will continue to protect the public by rooting out malfeasance by corporate insiders who believe they are above the law.”
“Mr. Left’s presence on financial television networks and his significant online following provided him with a credible platform to allegedly disguise his intentions and manipulate the investing public for personal gain,” said Akil Davis, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The FBI and our partners at the SEC and the U.S. Attorney’s Office are committed to holding accountable individuals who manipulate stocks for personal benefit at the expense of others.”
“Mr. Left allegedly used his influence and platform to manipulate the market for his own gain, while lying to investors and the public to maintain his clout in front of his viewing audience and unsuspecting followers,” said Inspector in Charge Eric Shen, Criminal Investigations Group, United States Postal Inspection Service. “Postal Inspectors believe the market should be fair and equal for all investors, based on truth, and not fiction; when it is not, we will spare no resource to bring those to justice who violate the public trust placed in advisors in the financial field.”
According to the indictment returned on Thursday, Left is a securities analyst, trader, and frequent guest commentator on business cable news channels such as CNBC, Fox Business, and Bloomberg Television. He also conducted business under the name “Citron Research,” an online moniker he created as a vehicle for publishing investment recommendations. Citron’s online presence included a website and a social media account on X, formerly known as Twitter.
Using Citron’s online platform, Left commented on publicly traded companies and asserted that the market incorrectly valued the companies’ stock, advocating that the current price was too high or too low. Left’s recommendations often included an explicit or implicit representation about Citron’s trading position and a “target price,” which he represented as his own view of the security’s true future value. As alleged in the indictment, Left used his social media following and public platform to earn at least $16 million in quick profits by fraudulently manipulating the stock market from at least March 2018 to October 2023.
Knowing that Citron’s reputation with investors had the power to move markets, Left allegedly selected a publicly traded company about which he intended to publish commentary with the intention of manipulating its share price. Left prepared commentary about the company for dissemination through Citron. Sometimes, the commentary represented Left’s own work. Other times, Left disseminated as his own the commentary of third parties. The commentary routinely included sensationalized headlines and inflammatory language to maximize the immediate impact their publication would have on the stock market.
In the leadup to publication of Citron’s commentary, Left allegedly established long or short positions in a company in his trading accounts, so he profited by taking advantage of the intended short-term movement in the company’s share price caused by his commentary. To exploit his advance knowledge of the timing and subject of the forthcoming commentary on the company, Left allegedly often built his positions using inexpensive, short-dated options contracts that expired the same day that he published his commentary.
According to the indictment, he also submitted limit orders to close his positions as soon as the company’s shares reached a certain price – often at prices vastly different from the target prices Citron’s commentary touted. Though Left represented to the public that his recommendations were to be trusted, behind the scenes, Left allegedly took contrary trading positions to reap quick profits off the stocks he either promoted or pilloried through Citron.
To maintain the illusion of Citron’s independence and the credibility of its commentary, Left allegedly concealed Citron’s financial relationships with hedge funds. According to the indictment, for example, Left lied to law enforcement that Citron “never” exchanged compensation with a hedge fund or coordinated trading with a hedge fund in advance of the issuance of its commentary.
For example, in November 2018, Left allegedly wrote a portfolio manager about Nvidia Corp., a publicly traded technology company based in Santa Clara, California. In the message, Left wrote, “Do you want to make some fast money[.] Put together a thesis why nvda is oversold . . . We can destroy it . . . Just read the analyst notes from this past quarter and assemble the best of the ideas.”
Later that morning, Left took financial positions in Nvidia, including short-dated call options that expired three days later. Short-dated options can offer quick profits if a stock suddenly moves in the narrow timeframe before expiration.
Left then promoted Nvidia as a favorable investment on Citron’s Twitter account, stating, “Citron buys $NVDA. This is the first time in 2 years stock offers an appealing risk-reward to investors . . . We see $165 before we see $120.” At the time, Nvidia’s stock was trading at approximately $143.64. The tweet was reported on by major media outlets.
Despite his representation that he expected Nvidia’s share price to rise to $165, less than two hours after announcing “Citron buys $NVDA,” Left sold all his pre-tweet positions Nvidia was trading within a range of approximately $150 – $151, for a profit of at least than $960,000. Nvidia closed at a high of $154 on the day of Left’s tweet and fell to $144 the next day.
According to the indictment, Left also furthered his scheme by misrepresented his trading positions during public appearances on news programs. After denouncing one company as a “fraud” on CNBC’s “Fast Money,” for example, Left allegedly falsely claimed to have covered only a “small size” of his position in the company’s stock when, earlier that same day, he had already closed out the majority of his position following the publication of commentary through Citron.
An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
If convicted, Left would face a statutory maximum sentence of 25 years in federal prison for the securities fraud scheme count, up to 20 years in federal prison for each count of securities fraud, and up to five years in federal prison for the false statements count.
The FBI and the United States Postal Inspection Service are investigating this matter.
Assistant United States Attorneys Alexander B. Schwab and Brett A. Sagel of the Corporate and Securities Fraud Strike Force, and Trial Attorneys Lauren Archer and Matthew Reilly of the Justice Department’s Criminal Division’s Fraud Section are prosecuting this case.
The Justice Department’s Criminal Division’s Fraud Section uses the Victim Notification System (VNS) to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing victimassistance.fraud@usdoj.gov. To learn more about victims’ rights, please visit www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas.
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