In late October 2013, Panera Bread Co, the US chain of restaurants that specializes in healthy soups and baked goods, prepared a news release to announce it was adjusting its earnings expectations downward for the recently begun fourth quarter.
The release undoubtedly was one of many sent by publicly traded companies to business news services for publication.
This one was different, though. As an unsuspecting investing public awaited the announcement, US federal authorities say a group comprising computer hackers and stock traders already had seen the release in the computer system of Marketwired, the Toronto business newswire.
Using the crucial information in the release, the group allegedly made US$17 million worth of trades and orders betting Panera’s stock would lose value once the news went public.
They were correct and for their efforts walked away with nearly US$1 million in profit, according to a criminal indictment unsealed on Tuesday against nine people in the US and Ukraine.
The international hacking scheme allegedly raked in US$100 million between 2010 and this year. It is being called the biggest case of its kind ever prosecuted and one that demonstrated yet another way in which the financial world is vulnerable to cybercrime.
The US Securities and Exchange Commission also brought civil charges against the nine plus 23 other people and companies in the US and Europe.
The case “illustrates the risks posed for our global markets by today’s sophisticated hackers,” SEC Chair Mary Jo White said.
“Today’s international case is unprecedented in terms of the scope of the hacking at issue, the number of traders involved, the number of securities unlawfully traded and the amount of profits generated,” she said.
The nine people indicted include two people described as Ukrainian computer hackers and six stock traders. Prosecutors said the defendants made US$30 million from their part of the scheme.
Authorities said that beginning in 2010 and continuing as recently as May, they gained access to more than 150,000 press releases that were about to be issued by Marketwired, PR Newswire in New York and Business Wire of San Francisco. The press releases contained earnings figures and other corporate information.
The defendants then used roughly 800 of those news releases to make trades before the information came out, exploiting a time gap ranging from hours to three days, prosecutors said.
Perhaps even more alarming was the assertion by prosecutors that much of the group’s ability to illegally tap into the news services’ computer systems came via “phishing,” a well-known practice in which hackers send an e-mail with a seemingly innocuous link that, if clicked on, can eventually lead to the divulging of the user’s login and password information.
A strong earnings report or other positive news can cause a company’s stock to rise, while disappointing news can make it fall.
The conspirators typically used the advance information to buy stock options, which are essentially a bet on the direction a stock might move, authorities said.
The hackers were routinely paid a cut of the profits, prosecutors contended.
Five defendants on Tuesday were arrested in the US and warrants were issued for four others in the Ukraine.
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