Ex-Nomura trader says he was trained to lie to customers, Banking & Finance
A former Nomura Holdings Inc bond trader said he was trained
to lie to customers shortly after coming to the company in order to boost the
firm's commissions.
Frank DiNucci Jr said the tactics he learned included lying
about where Nomura had bought or sold bonds and misrepresenting the price it
had paid.
DiNucci was the first witness Monday at the trial of three
former Nomura colleagues, Ross Shapiro, Michael Gramins and Tyler Peters, who
are accused of lying to customers about the prices of mortgage-backed
securities. DiNucci told jurors in a federal courtroom in Connecticut that he
learned most of the deceptive practices from Shapiro and Gramins.
DiNucci said he understood that lying and deception was
wrong but didn't "put two and two together" when employing the
questionable tactics.
"It was just commonplace on the desk," he said.
"I didn't think about the reality of it when I was actually doing
it." DiNucci, who worked at Nomura from 2009 to 2012, pleaded guilty last
month to one count of conspiracy to commit securities fraud and agreed to cooperate
with the government.
DiNucci is a "desperate" witness who has lied to
prosecutors and federal agents, Marc Mukasey, a lawyer representing Gramins,
told jurors in opening statements.
"At this point he's in so much trouble that he would
probably get on the witness stand and testify that two plus two equals
five," Mukasey said. "He would probably plead guilty to the JFK
assassination if it helped him." Prosecutors told the jurors that the
three defendants lied to their customers from 2009 to 2013 in order to boost
profits for Nomura and trained subordinates to do the same thing.
"They would teach them that through deceit they could
make more money for Nomura," Assistant US Attorney Liam Brennan, said in
opening statements on Monday.
The trial of the three traders is beginning after Jesse
Litvak, a former Jefferies LLC managing director, was sentenced to prison last
month for lying to bond clients.
Litvak was the first to be arrested in 2013 in a crackdown
on deceptive practices that led to the departure of dozens of traders and
criminal charges against at least eight people, three of whom have agreed to
cooperate.
Attorneys for the three Nomura traders argued, like Litvak,
that their counter-parties were sophisticated market players who use their own
models and research to value mortgage bonds and are skeptical about statements
made during negotiations.
Nomura's customers got the "best available price"
during the deals at issue, receiving the exact bonds they sought, said Guy
Petrillo, an attorney for Shapiro.
"No one was bamboozled or snookered," Petrillo
said. "All of the buying and selling was done by some of the most
financially successful hedge-fund and money-management firms in the world, each
managing billions of dollars."
Bond trades are similar to negotiations at an auto
dealership, where neither side is taking the other's sales tactics into account
- just the final price of the car, said Mukasey, the lawyer for Gramins. He
said any misstatements Gramins made were insignificant and a "drop of
water in the ocean of information" that his counterparts analysed before
deciding to enter into any trades.
"This was a market where they engaged in financial
jujitsu every day and the witnesses the government calls victims were really
the black belts," Mukasey said.
BLOOMBERG
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