Gustavo Arnal faced $1.2B stock suit when he plunged from NYC building
A Bed Bath & Beyond exec was facing a $1.2 billion
“pump-and-dump” stock-fraud suit when he apparently leaped to his death from
his swank 18th-floor apartment in Lower Manhattan last week.
Gustavo Arnal, who was the chief financial officer of BBB,
is among the defendants named in a class-action suit that accuses him,
Chewy.com founder Ryan Cohen and others of artificially inflating the troubled
housewares giant’s share price.
The class-action complaint, filed Aug. 23 in Washington, DC,
federal court, alleges that the scheme also involved “a classic attempt to
spark a gamma squeeze.”
That tactic relies on the purchase of stock options and was
employed during last year’s GameStop stock trading frenzy, according to The
Motley Fool website.
Cohen, the chairman of GameStop, came under fire last month
for making $68.1 million in profits by unloading a stake in BBB that reportedly
included 7.78 million shares and options to purchase another 1.67 million.
Cohen’s lucrative 56% gain came about seven months after he
first invested in BBB.
On Aug. 16, the same day Cohen cashed out, Arnal sold 42,513
shares of BBB stock worth more than $1 million, the MarketBeat website reported
at the time.
On Sunday, Reuters said its calculations showed that Arnal
had actually sold 55,013 shares but didn’t say how much he netted.
Arnal died Friday in what cops believe was a suicide plunge
at 12:20 a.m. from his apartment at 56 Leonard St., a skyscraper known as the
“Jenga building” because of its unique exterior, which resembles an uneven
stack of blocks.
After the disclosure of Cohen’s and Arnal’s stock sales Aug.
17, shares in BBB fell from a “record high $30” to $8.78 on Aug. 23, according
to the suit.
The stock closed at $8.63 a share Friday.
In court papers, plaintiff Pengcheng Si of Falls Church,
Va., said she and her spouse bought 8,020 shares of BBB “at artificially
inflated prices” between March 25 and Aug. 18 “and have suffered realized and
market losses of approximately $106,480.”
Total damages to all BBB shareholders, including the
company’s interests, were about $1.2 billion as of Aug. 23, according to the
suit.
Other defendants in the suit include JP Morgan Securities,
which is accused of helping Cohen and Arnal “effectuate” their sales “and
otherwise launder the proceeds of their criminal conduct.”
BBB, which is named as the lead defendant, is accused of
making a “materially false and misleading statement” in an Aug. 18 Securities
and Exchange Commission filing that said, “We are pleased to have reached a constructive
agreement with [Cohen’s] RC Ventures in March and are committed to maximizing
value for all shareholders.”
The suit was first reported by the Daily Mail.
BBB said in a statement to The Post on Sunday, “We will not
comment on litigation and ask that you please respect Mr. Arnal’s family and
their privacy at this time.”
JP Morgan declined comment, while RC Ventures, which is
named as a defendant, also, did not immediately respond to a request for
comment.
It’s unclear if Arnal hired a lawyer before his death, and
his widow, who was apparently making funeral arrangements Sunday, did not
immediately return a voicemail message.
In a statement posted on its website, BBB acknowledged
Arnal’s death and said the company was “profoundly saddened by this shocking
loss.
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