To: Jeffrey S. Mitchell who wrote (92869 ) 10/14/2005 3:35:24 PM From: StockDung Read Replies (1) | Respond to of 122087 Ex-Merrill Trader Gets 42 Months for Stealing $43 Mln (Update1) Oct. 14 (Bloomberg) -- Daniel Gordon, once the top energy trader at Merrill Lynch & Co., was sentenced to 42 months in prison for embezzling $43 million from his former employer, fined $100,000 and ordered to forfeit the money he stole. Gordon, 29, pleaded guilty in 2003 to federal charges that he stole the money by creating a phony energy trade with an offshore company that he'd set up. He also admitted that he helped falsify records at a Merrill energy-trading unit before its sale. Gordon later cooperated with a federal probe of Merrill, which ended without any additional charges. ``It seems to me this was a case of greed and opportunity, and he saw a chance to walk off with the money,'' U.S. District Judge Gerard Lynch said in New York today. ``The actions that brought you here were exactly those of an arrogant would-be master of the universe.'' The Gordon case led to litigation between Merrill, the world's No. 2 securities firm, and Greensburg, Pennsylvania-based Allegheny Energy Inc. Another judge ruled in July that Allegheny wasn't defrauded when it bought the energy-trading unit from Merrill for $490 million in 2001. Allegheny said Merrill wanted to dump the unit, Global Energy Markets, after learning that Gordon, who ran it, had lied about its finances. Gordon, who earned a master's degree in development economics from Yale University in 1997, joined Constellation Energy Group Inc. in Baltimore after college. He went to work for Merrill Lynch in 1999, and by early 2000, was running the newly formed energy-trading unit. At 24, he managed a 20-member trading staff in New York. He later joined Allegheny. Guilty Plea At his December 2003 guilty plea, Gordon said he attended meetings at Merrill where colleagues voiced concern that ``the valuation of the business would be difficult to agree upon,'' in part because the energy trading business was new. ``As a result, a decision was made by my superiors to make the division look more profitable by altering certain of the data that was to be provided to potential suitors,'' Gordon said in the plea. ``I was personally involved in providing a justification for one of those changes.'' Gordon said after he was told to reduce the risk of a transaction that Global Energy was involved in, he created a fictitious entity called Falcon Energy Holdings SA. He said he told co-workers that Falcon would enter into a deal to reduce Global Energy's risk in return for $43 million. The money was wired to an overseas account Gordon set up for himself, he said. Gordon pleaded guilty to single counts of wire fraud, money laundering and conspiracy to falsify records of a public company. `Intelligence Outpaced Judgment' Lynch asked defense attorney Steven Cohen about a comment Gordon made to probation officials before sentencing in which he said he committed the crime out of ``frustration with the petty bureaucrats at Merrill Lynch.'' Gordon told probation officials that Merrill Lynch didn't understand ``he had to do something'' with the money he removed from the energy unit's books. Cohen defended Gordon. ``The Dan Gordon of today is very different from the Dan Gordon of five years ago,'' his lawyer said. ``He was someone whose intelligence outpaced his maturity and judgment.'' Last month, in a related criminal case, authorities in Alberta, Canada, charged Michael Ritter with theft and money- laundering for helping Gordon steal money from Merrill. Gordon hid money in offshore accounts that prosecutors say were set up by Ritter's Newport Pacific Financial Group. As he awaited sentencing last year, Gordon auctioned his five-bedroom Connecticut home for $3 million, about $600,000 less than he paid for it in 2002. The 22-acre estate in Old Lyme had basketball and tennis courts and was Gordon's weekend getaway. New York-based Merrill is a passive, minority investor in Bloomberg LP, the parent company of Bloomberg News. The case is U.S. v. Gordon, 03-CR-1494, U.S. District Court, Southern District of New York. To contact the reporter on this story: David Glovin in U.S. District Court in New York at dglovin@bloomberg.net. Last Updated: October 14, 2005 15:20 EDT