TOKYO, Sept 19 (Reuters) - A small Singapore-based hedge
fund accused of insider trading in Japan is disputing the
charge, the latest financial institution to brave the odds and
challenge the regulator in an attempt to stave off damage to its
reputation.
Last year, Japan's Securities and Exchange Surveillance
Commission (SESC) accused MAM Pte of acting on an insider tip
about a share offering by Nippon Sheet Glass 5202.T and
demanded the hedge fund pay a penalty of 8 million yen
($74,710).
The regulators' case against MAM was based on testimony from
Junpei Harino, a former JP Morgan employee who admitted to
passing on information to the fund.
During a hearing on Friday, Harino changed his testimony,
and said he had not passed on insider information. SESC
officials were present at the hearing and also questioned
Harino. Asked about the case, legal representatives for MAM said
the fund was not guilty of insider trading.
MAM's case comes almost three months after Stats Investment
Management, a small Japanese hedge fund, also disputed the
regulators' finding of insider trading linked to an offering by
energy firm Inpex Corp 1605.T .
Such challenges are uncommon in Japan, largely because most
financial firms would rather pay the fine than risk courting the
ire of the regulator and alarming clients.
The odds are also not in the companies' favour: Japanese
courts have ruled in favour of financial institutions in only
two out of 313 cases bought against the regulator, lawyers say.
Naohiko Matsuo, a lawyer at legal firm Nishimura & Asahi,
said the regulator can sometimes be too hasty in its ruling. "In
the West, normally, you'd try to show your innocence by
challenging such charges," he added.
Japan's financial regulator has toughened its crackdown on
insider trading since 2010. So far, it has levied fines against
the country's top brokerages Nomura Holdings 8604.T and Daiwa
Securities Group 8601.T , and like most institutions charged,
the companies agreed to pay the penalties.
(Reporting by Ritsuko Ando; Editing by Miral Fahmy)
((Ritsuko.Ando@reuters.com; +81 3 6441 1743; Reuters Messaging:
ritsuko.ando.thomsonreuters.com@reuters.net))
Keywords: JAPAN COURTS/HEDGEFUNDS