UPDATE AT 6:15 PM: More details have surfaced in the shocking indictment of Bonnie Hoxie– the administrative assistant to Disney corporate communications head Zenia Mucha—and Hoxie’s boyfriend Yonni Sebbeg for allegedly trying to peddle an early quarterly report to hedge funds for cash payment. In the annals of insider trading, this one has to fall under the category of Dumb and Dumber.
The SEC complaint is a riveting read, driven by the dialogue supplied by the duo as they tried to orchestrate the delivery of earnings information to FBI agents posing as hedge fund managers.The SEC listed both verbal conversations with the undercover agents, and email correspondence between the suspects.
After sending inside earnings info to Sebbag, Hoxie sent him an email about what she wanted in return. “Here is the bag that you are going to get for me…” she wrote, attaching a link to a picture of a $700 Stella McCartney designer handbag from Neiman Marcus. After Sebbag responded he might walk away with enough cash to buy two bags, she added: “In that case, I also love love these shoes,” attaching a link to a picture of pricey Stella McCartney shoes.
Sebbag’s phone correspondence with the undercover agents is also telling. After claiming he worked at Disney and that he could deliver earnings reports 3 to 4 days before release, he asked the hedge fund managers to “make an offer based on the capital gains from the trade and the risk I am taking delivering this information to you.” He later got down to numbers: “I was thinking that $20,000 is a fair compensation but you are free to make an offer.”
More money talk: “I am very serious and I will show you that very soon. $15,000 sounds great and $30,000 even better as I hope you will make a killing from Q2 earnings.”
Delivering the ill-gotten info proved to be problematic and led to an exchange of testy emails between Hoxie and Sebbag. Sebbag, who promised to deliver the earnings two to three hours before the close of the market on May 11, was frustrated that Hoxie was delayed in obtaining the report. Her response: “If I could wave my magic wand and give you what you want—I would. However, since that is not going to happen I suggest you call on your inner Buddhist—and CHILL the fuck out.”
They wound up delivering only bits of information from the report, for which Sebbag was paid $15,000 in cash on May 14. At that point, he confessed that he didn’t work for Disney, but that his girlfriend was a secretary for “one of the top three or four executives at Disney.” Sebbag asked for advice on how to open an offshore account to stash the cash, stating he “didn’t want to go to jail.” He said he would travel to Israel to open an account, and suggested future discussions should be done via prepaid cell phones to avoid detection. He walked away with the cash and he and Hoxie were arrested today.
PREVIOUS BREAKING NEWS AT 11:51 AM: The announcement by the Securities and Exchange Commission and the FBI that it had arrested a Disney employee and her boyfriend for allegedly trying to sell insider information from the corporation’s quarterly report brings a fresh new angle to the ongoing discussion over whether Capitol Hill should allow the establishment of businesses to sell futures contracts based on the box office performances of major films.
Bonnie Jean Hoxie is identified in the SEC complaint as a secretary to a “high ranking Disney executive” (corporate spokeswoman Zenia Mucha) whose position gave her early access to the earnings report. Hoxie and boyfriend Yonni Sebbag are charged with circulating anonymous letters to about 20 hedge funds beginning in March, and offering to leak inside information about Disney’s quarterly earnings for a fee. Hoxie allegedly got pre-release results for Disney’s second quarter, gave it to Sebbag, who sold the confidential information to an undercover agent from the FBI who posed as an investment manager, according to the SEC complaint. The defendants face up to 20 years in prison if found guilty. That is a stiff sentence considering reports had Sebbag selling the data for $15,000.
Detractors of the proposed program by Cantor Fitzgerald and Media Derivatives is that the futures business could potentially create a value for intelligence gleaned at test screenings, or within studios where last minute changes on movies could impact grosses. According to the FBI, most if not all of the hedge funds immediately turned over the anonymous letters that made the arrests possible. But box office futures certainly widens the potential for trouble.





The obvious value for a hedge fund or private equity fund that invested in a movie, is to short the movie.
That way, if the movie bombs, the fund can cover its downside, at least somewhat, and limit its losses.
I think this is dangerous. Not because of insider trading (duh, that will always occur). But because IMHO the main push for the Box Office Futures exchange is from hedge funds and private equity, who seem now to be the main source of funding for films. AVATAR was funded at 60% from outside private equity.
As films grow too expensive, even Fox can’t fund them from internal operations.
Would you have confidence in a business that routinely relied upon outside financing to conduct year to year operations? That can’t fund its main activity from operating income?
That to me is the danger. Not insider trading (given that only “Adults” i.e. institutional investors who will know darn well that insider trading is guaranteed to some extent). Rather, dependency on outside capital that could go away or impose its own conditions at any moment, for day to day operations.
One of the key reasons that film companies were happy to be bought by conglomerates in the 60s was to use their acquiring corporations’ cash flow to self-finance rather than go to Bank of America, Bank of Boston, etc. for production coin (indeed, the Bank of Boston darn near took Columbia Pictures into bankruptcy over debt in the early 70s). That’s when budgets averaged $3 million plus only $250-500,000 for P&A. Whiskey is edging toward an important point about corporate responsibility; stated another way, the Hollywood business model is dysfunctional. As long as there are two sets of books that we KNOW about (one for each film, the other for film company overhead, and those are just the legal ones), movies will continue to be a racket, not a business. The more suckers — er, outside investors — that producers can draw into the eel pit, the more cash will fall into pockets. Yeehaw.
Yes, someone trying to illegally facilitate insider trading on the stock exchange is certainly a good reason derivatives shouldn’t be allowed.
Wait, actually, shouldn’t no trading be allowed period? Your example indicates just how easy it would be to potentially game the system! Sorry NYSE and Nasdaq, you are officially too risky to be allowed to continue.
The financial sector is populated with people who don’t have high ethical standards. The film business is populated with people who don’t have strong moral fiber. Combining the two will only lead to disastrous results.
a bit like so many peopel in the film biz lost money on the madoff thing. one he screwed people over. two nobody questioned why their investment never had a bad month or a bad year.
Goodbye movie gambling exchange.
Coporate earnings and box office gross are sooooooooooo different, and even if somebody sees test screening results, the revenue a movie opens to is still somewhat uncertainty.
Sounds like a great story for a movie, do you know who controls the rights?
knuck, She did it on company time, it’s a work made for hire.
hey bonnie jean! you are officially a moron.
Well, can’t say I feel bad for her, but for what they pay assistants in Hollywood, who is actually surprised by this?
If intentional, this would sure be a good way to get the tide to change on B.O. futures. Think of it: a big studio could pay an employee to take a fall, make Congress take note of the already problematic position the industry is in with respect to insider trading, and prove why no other outlets for fraud should be allowed to pass.
Love your idea, but how much would you need to pay her? She is probably going to jail or at least, probation. This is a felony. Her career is o-vah. Maybe it’s worth it to a studio and she got a couple mil?
Who would ever do anything besides short a movie, since most lose money? The only way I see anyone betting on this is if it applies to entire franchises. The movie could lose money (even a film that doesn’t bomb will likely lose money at the box office), but the licensing revenue from toys/apparel might make the franchise profitable. This also helps mitigate the effects of insider information leaking (which happens all the time in Hollywood) because the box office gross is less important and in order to have true insider information, you’d have to know about all of the other moving parts of a franchise that the average Hollywood asst won’t even know what to do with if they come across it.
Personally I can’t wait for the Cantor Fitzgerald system to be up and running. I go to tons of test screenings, have access to P&A budgets, marketing plans, know from my sources at production companies and post houses which films are great and which suck long before the public ever sees them…I’m going to be rich, YAHA!!
Isn’t this whole thing just so ridiculous? I’ve always questioned why people were surprised at the credit crunch when we continually try to turn business into another form of the lottery?
It’s because people don’t want to work at things any more. Just want to get rich.
How does a quarterly report have anything to do with the movie futures market?
The futures market is based on 4-weeks of domestic box… a quarterly report is simply that, a quarterly report. even a leak of a report would not contain the necessary information to make an appropriate judgement call on a 4-week release.
also, the futures market is usually not bound by the same “insider” trading regulations that the SEC puts forth. It’s speculative and based on rumor and heresay…
A quarterly report (unless it’s from Cannon Films back in the day) won’t predict an upcoming release.
-RnsW
That is a really good question – and the answer has a lot to do with executives making films they know are going to bomb, so they can insure against it.
It’s a very unique corporate accounting practice. So film A expenses are written off against tax rebates- when much of the research and development are then used in film B, for little or no cost.
They do this because film A, which was shot in say, Canada, gives them a tax rebate for most of their expenses. While film B, which was filmed on a LA studio lot doesn’t.
Essentially, they tolerate a high budget on Film A – knowing they’ll get rebated. While Film B (the blockbuster) can use the set pieces, FX, and even props for a very low cost.
So the Exec’s actually know ahead of time that a film will bomb. And that information can be derived from their quarterly report – by seeing where they have allocated funds vs rebates. And where inappropriate budgets or locations have been allocated for props, FX and Sets that seem very unnecessary.
In other words, they are using technicalities to get rebates they should not be entitled too, the same way actors pledge large amounts to charity, because they know they can take it off their taxes.
And should betting be allowed against films – then quarterly reports will provide enough information to know which films are intended to bomb.
These fail-to-thrive Darwinian Dunces are a perfect portrait of idiocy writ large.
What mental midget asses! It sounds like she was in it for the Manolos and he was in it to be Da Man. What they did is the white-collar equivalent of a regular Joe putting out a Craigslist ad for a professional hitman.
These two deserve each other: Dumb and Dumb-ette
This reads like the script of “Burn After Reading” (one of my favorite movies of the last five years, and very underrated I might add).
I don’t know who would be at fault in a case like this
Glad the crack team at the SEC is spending their time posing as hedge fund guys to bust up small time scams when the big wall street banks are committing billions in frauds.
Wow, great work SEC/FBI!
This almost makes up for failing to detect Bernie Madoff for all those years and billions of dollars.
Even when people kept coming to you with direct evidence.
Repeatedly.
For years!
But, damn… you really put together a crack operation to nail those two to the wall.
You are so right! How come they put all this effort into two, obviously stupid and small time, offenders, but leave the big guys alone?
It’s just like Twilight and Avatar etc, inventing audience numbers and building the cost of buying out theaters into their inflated budgets. Then obscenely claiming much of the cost back against taxes – thereby screwing the whole country.
I predict (quite accurately) that the Fed’s will overlook that one too.
It’s all just a complete sham in the end!
Nobody gives a shit about Truth, Justice and Freedom anymore except Superman. If only he were real.
The blame for this has to go up to Richie Rich or Ross (or whatever his name is) for firing the highly intelligent and capable people who were running Corp Communications before him. They never would have allowed for this to happen.
Agree above, this guy sounds like Brad Pitt in “Burn”, just too funny. To equate this however to anything to do with boxoffice futures on specific films pro/con is absurd, one has zero to do with the other – nobody can “leak” the results of a movie that hasn’t opened. I would think this would be obvious. And further, there are criminals in all walks of life, we don’t just close down society. Just the way it is.
Mickey Mouse must have the FBI on speed dial. LOL.
-PC