SEC Settles with Trader Over ADS Rumors

NEW YORK (Reuters) – U.S. securities regulators said on Thursday they settled with a Wall Street trader accused of intentionally spreading false rumors about the planned acquisition of Alliance Data Systems Corp (ADS.N: Quote, Profile, Research) while selling the stock short.

Paul Berliner, 32, formerly associated with Schottenfeld Group LLC, agreed to settle the civil case without admitting or denying the allegations, the U.S. Securities and Exchange Commission said in a statement.

The SEC said Berliner would disgorge $26,129 in profits and interest, and pay a maximum penalty of $130,000. He is also barred from association with any broker or dealer.

Blackstone Group (BX.N: Quote, Profile, Research) agreed on May 17, 2007, to buy Alliance for $81.75 a share, but the deal collapsed this month.

Berliner, according to the SEC complaint filed in the U.S. District Court in Manhattan, used instant messages to 31 traders at brokerage firms and hedge funds to spread a rumor on Nov. 29 that ADS's board of directors was meeting to consider a revised proposal from Blackstone to acquire their company at $70 a share.

The rumor spread quickly as “the media and certain subscriber-based news services quickly picked up the 'story' and further disseminated it throughout the marketplace,” according to the complaint.

The result was that ADS's share price plummeted to $63.65 a piece from $77 and Berliner profited from the rumor even as he was spreading it by short-selling ADS stock, the complaint said.

Calls to Schottenfeld Group seeking a comment were not immediately returned. Berliner's lawyer was not immediately available for comment. (Reporting by Martha Graybow, Leslie Gevirtz; Editing by Maureen Bavdek)