Exec. Dir. of Morgan Stanley's Domestic Stock Lending Desk Convicted of Conspiracy...

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Tue Mar 24, 2009 6:42pm EDT

Exec. Dir. of Morgan Stanley's Domestic Stock Lending Desk Convicted of
Conspiracy to Commit Securities Fraud

BROOKLYN, N.Y., March 24 /PRNewswire-USNewswire/ -- Earlier today, following a
week-long trial, a jury in federal court in Brooklyn convicted Darin Demizio
of conspiring to commit securities fraud and wire fraud and making a false
statement to agents of the FBI, announced U.S. Attorney Benton J. Campbell of
the Eastern District of New York. 

Demizio's case was tried before the Honorable John Gleeson, in the federal
courthouse in Brooklyn. 

As established at trial, throughout the 1990s and until 2003, Demizio, a
former executive director at Morgan Stanley and the head of its domestic
securities lending desk, routinely directed Morgan Stanley securities lending
business to smaller brokerage firms and finder firms in exchange for kickbacks
paid to Demizio's father and his brother, Craig Demizio. Between January 2000
and January 2004 alone, the kickbacks totaled over $1.6 million. The payments
were disguised to appear as finder fees when, in reality, Demizio's father and
brother had done little if any work as finders in connection with the
securities lending transactions for which they were paid. Craig Demizio
previously pleaded guilty to conspiracy to commit securities fraud and wire
fraud and was sentenced on July 25, 2008, to 21 months in prison.

The Demizio conviction marks the twenty-ninth conviction stemming from the
ongoing industry-wide investigation into allegations of bribery and kickbacks
in the securities lending industry, also called the "stock-loan" industry.
Previously, 28 defendants pleaded guilty in the Eastern District of New York
to federal kickback and bribery schemes in the stock-loan industry, including
former securities lending traders at A.G. Edwards and Sons, Inc.; Janney
Montgomery Scott LLC; JP Morgan Chase; Kellner Dileo & Company, Inc.;
Oppenheimer & Co., Inc.; Morgan Stanley; National Investors Services, also
known as TD Waterhouse; Nomura Securities International Inc.; Pax Clearing
Corporation; PFPC Worldwide; Schonfeld Securities; and Van der Moolen
Specialists.

Securities firms often borrow and loan securities among themselves for a
number of reasons, including facilitating short-sale transactions. Stock-loan
"finders" can assist these firms by locating inventories of a given security
and matching borrowers and lenders in stock-loan transactions. The
investigation disclosed that stock-loan traders at several large brokerage
firms funneled millions of dollars in fraudulent "finder fees" to their
co-conspirators, often where no finders' services had been rendered, in
exchange for cash bribes and, in some instances, payments to the traders or
the traders' relatives. 

"Today's conviction sends a clear message that the culture of corruption and
kickbacks in the securities lending industry that victimized shareholders and
the investing public will not be tolerated," said U.S. Attorney Campbell. Mr.
Campbell expressed his appreciation to the FBI, the agency responsible for
leading the government's investigation.

When sentenced on June 19, 2009, Demizio faces a maximum sentence of 25 years
in prison on the conviction for securities and wire fraud conspiracy, and five
years in prison on the conviction for the false statement to the FBI. 

The government's case was prosecuted by Assistant U.S. Attorneys Kelly T.
Currie, Winston Y. Chan, and Winston M. Paes.


SOURCE  U.S. Department of Justice

Robert Nardoza of the Office of United States Attorney Benton J. Campbell,
Eastern District of New York, +1-718-254-6323
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