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Musk-Tied Investor Clashes With One of World’s Biggest Asset Managers

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Musk-Tied Investor Clashes With One of World’s Biggest Asset Managers

A prominent Silicon Valley investor is in a bitter dispute with his former employer, one of the world’s largest asset managers, accusing it of fraud and attempted bribery.

In a lawsuit filed on Thursday in California, Josh Raffaelli, who until late last year was a fund manager at Brookfield Asset Management, said the company had mistreated investors in his funds as it sought to make up for losses in other parts of its business.

The 100-page complaint is notable in part because Mr. Raffaelli has close ties to Elon Musk, the world’s richest man. That relationship enabled Mr. Raffaelli’s funds to put money into Mr. Musk’s private companies, a coveted opportunity in Silicon Valley. But among Mr. Raffaelli’s allegations is that Brookfield improperly limited the amount that he could invest in a Musk company on behalf of Brookfield’s clients.

In December, shortly after Mr. Raffaelli filed a whistle-blower complaint with the Securities and Exchange Commission, Brookfield fired him, according to his lawsuit.

“Brookfield repeatedly betrayed the trust and best interests of its investors, and then fired the employee who challenged its behavior,” said Mark Mermelstein, Mr. Raffaelli’s lawyer.

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Brookfield manages more than $1 trillion on behalf of pension plans, government investment funds and financial institutions. Until January, its chairman was Mark Carney, Canada’s new prime minister.

“This suit is absolutely without merit and these baseless claims run counter to how Brookfield manages its business,” said Kerrie McHugh, a spokeswoman for Brookfield. “We will vigorously defend against this meritless suit, which was brought by a disgruntled former employee.”

Mr. Raffaelli, 45, has had a long career in Silicon Valley. In 2004, he became an analyst at what was then called Draper Fisher Jurvetson, a leading venture capital firm. At the time, Mr. Musk was on the ascent in Silicon Valley. He had recently founded the rocket company SpaceX and made an early investment in Tesla, which would become the world’s most valuable car company.

By 2009, Mr. Raffaelli was a board observer at both SpaceX and Tesla, according to his LinkedIn profile. That entitled him to attend the companies’ confidential board meetings. The proximity to Mr. Musk also gave Mr. Raffaelli the opportunity to invest his clients’ money in the billionaire’s private ventures. In Silicon Valley, that access made Mr. Raffaelli a hot commodity in his own right.

In 2017 he joined Brookfield, working out of its San Francisco office. His job was to manage a handful of funds that would invest clients’ money in technology companies. His base salary was $500,000, but his bosses told him that if his funds performed well, his total compensation could ultimately be in the tens of millions of dollars, according to the lawsuit, filed on Thursday in Superior Court in San Mateo, Calif.

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In part to attract outside investors, Brookfield agreed to put its own money in Mr. Raffaelli’s funds, meaning the company’s financial interests would be aligned with those of its clients. By 2024, his funds collectively managed more than $1.75 billion, which came from pension funds, other outside investors and Brookfield itself.

Tapping his contacts in Mr. Musk’s orbit, Mr. Raffaelli arranged for his funds to invest in several of Mr. Musk’s private businesses, including SpaceX, the artificial-intelligence company xAI and the tunnel-building venture known as the Boring Company, according to Mr. Raffaelli’s lawsuit and people familiar with the investments.

But Brookfield soon encountered financial problems, according to the lawsuit. The Covid-19 pandemic had hammered the commercial real estate industry, in which Brookfield and its affiliates were major investors. Brookfield Property Partners, the asset management firm’s sister company, lost about $2 billion in 2020.

That set the stage for Brookfield to begin engaging in fraud, Mr. Raffaelli said in the lawsuit.

Short on cash, Brookfield in 2024 backtracked on some of its pledges to put hundreds of millions of dollars into Mr. Raffaelli’s funds alongside outside investors, the lawsuit said.

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Around the same time, Brookfield also vetoed a proposal from an unspecified “major foreign conglomerate” that wanted to invest up to $100 million in one of Mr. Raffaelli’s funds, the lawsuit said, describing that decision as “indefensible.”

The combined result was that there was less money than expected for Mr. Raffaelli to invest. That, in turn, limited the potential upside for Brookfield’s outside clients, the lawsuit said.

Already, Mr. Raffaelli said, he had been forced to sharply reduce — from $25 million to $5 million — the amount that one of his funds planned to invest in Mr. Musk’s xAI. (The lawsuit did not identify xAI by name, but people familiar with the investments confirmed it.)

“That is like walking away from the chance to buy Facebook or Apple stock” at a bargain price, the lawsuit said. “The markets expected this investment to go nowhere but up, and that is exactly what has happened.” The estimated value of xAI has more than tripled to $80 billion over the past year.

Last summer, Brookfield informed Mr. Raffaelli that the firm was thinking of merging his funds into a company called Pinegrove Capital Partners, according to his lawsuit.

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Ms. McHugh, the Brookfield spokeswoman, said Mr. Raffaelli’s funds were not performing well. Mr. Raffaelli’s lawyer disputed that, saying the funds were among the best-performing at Brookfield.

Mr. Raffaelli started looking into Pinegrove, an asset manager that was mostly owned by Brookfield. He was alarmed by what he found. He said that Pinegrove had exaggerated its capital levels by more than $100 million, making it appear financially stronger than it really was. Hundreds of institutions — including nonprofit organizations and pension funds for police officers and firefighters — had been persuaded under false pretenses to entrust their money to Pinegrove, according to the lawsuit.

Last October, Mr. Raffaelli anonymously reported his findings to Brookfield through the company’s whistle-blower website. A few weeks later, he said, he submitted a complaint to the S.E.C.

Shortly after, Mr. Raffaelli’s boss, Anuj Ranjan, told him that Brookfield’s chief executive had signed off on the decision to fold his funds into Pinegrove. According to the lawsuit, Mr. Ranjan acknowledged to Mr. Raffaelli that the move was not good for his clients but was designed to prop up Pinegrove and save money for Brookfield. Mr. Raffaelli viewed this as a violation of federal securities laws.

Mr. Ranjan did not respond to a request for comment.

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The investors in Mr. Raffaelli’s funds needed to approve the Pinegrove merger. Brookfield pushed Mr. Raffaelli to pitch them on it “because his credibility would resonate better with the investors that trusted him,” the lawsuit said.

In exchange for his help, Mr. Raffaelli said, Brookfield offered to pay him an amount “way beyond” what he was currently owed. He said the head of the company’s human resources department then sent him a spreadsheet showing he could eventually be due as much as $46 million under his existing compensation agreement.

Mr. Raffaelli said he viewed that as Brookfield offering him a bribe.

The following week, Mr. Raffaelli sent the general counsel at Brookfield Asset Management the complaint he had previously sent to the S.E.C.

“As uncomfortable as this is for me, I wanted to share with you that I felt I had an obligation to blow the whistle on certain illegal conduct,” he wrote, according to the lawsuit.

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Nine days later, Mr. Raffaelli said, he was fired.

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Waymo is starting robotaxi service in San Diego

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Waymo is starting robotaxi service in San Diego

Waymo, the driverless taxi company that operates in more than 10 cities, will soon serve customers in San Diego.

The company has been testing its autonomous vehicles in San Diego with a safety driver behind the wheel since earlier this year. Rides without a human driver became available to employees Thursday and will open to members of the public later this year.

Waymo, which announced the expansion Wednesday, will also bring its taxis to Tampa, Las Vegas and Denver.

“If you’re in one of these four new cities, download the app to be notified when it’s time to ride,” the company said in a blog post.

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Waymo has offered fully autonomous rides in San Francisco since 2022 and in Los Angeles since 2024.

It also serves customers in Nashville, Phoenix, Miami and other cities.

In May, Waymo launched a cheaper robotaxi dubbed the Ojai, which is better equipped for difficult driving conditions such as snowy roads.

The Ojai will supplement Waymo’s fleet of Jaguar I-Paces, the company said. In San Diego, services will be provided with the Ojai.

Waymo also announced Wednesday it’s beginning autonomous driving with a safety driver in its newest retrofitted vehicle, the Hyundai IONIQ 5.

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“This phase allows us to validate our technology for fully autonomous operations as we work to bring riders even more ways to enjoy Waymo in the future,” the company said.

The company plans to eventually have tens of thousands of driverless taxis made per year, starting with the Ojai, then scaling using the IONIQ 5s.

The move into San Diego and three other cities widens the gap between Waymo and its competitors in the robotaxi race.

Elon Musk’s Tesla robotaxis and Amazon-owned Zoox are shuttling customers autonomously, but are nowhere near the scale at which Waymo operates.

Other companies are working on autonomous trucks and freight trains.

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Waymo’s San Diego service area will include Pacific Beach, Normal Heights, La Playa and Southcrest, among other neighborhoods, the company said.

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California soccer fans sue StubHub after it fails to deliver expensive World Cup tickets

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California soccer fans sue StubHub after it fails to deliver expensive World Cup tickets

StubHub is getting a red card from some World Cup fans

Two World Cup customers are suing the New York-based ticket-selling company, alleging “false and misleading” advertising that left them without tickets or a refund for the World Cup games they paid to attend.

In federal court in New York last week, two Californians — Julia Reeker Moghal and Reuben Renteria — sued StubHub seeking monetary damages and a ban on the company selling World Cup tickets. The lawsuit aims to become a class action and comes after weeks of fierce criticism and complaints from customers regarding the company’s practices.

Throughout the World Cup, videos have emerged on Instagram and TikTok of StubHub customers describing their nightmare experiences with the ticket-selling platform.

Some said they had purchased tickets to World Cup games as early as November of last year, booked flights and hotels and arranged travel plans, then StubHub notified them days to weeks before the match of a refund for their tickets, which they never requested.

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There were similar complaints about last-minute cancellations from people who bought Coachella tickets on StubHub.

In the lawsuit, Moghal said she had purchased three tickets for nearly $2,000 for the June 18 match between Switzerland and Bosnia-Herzegovina at SoFi Stadium in Inglewood, which were then canceled by StubHub. Moghal said she was contacted by StubHub and told her tickets would remain canceled, then was later told the tickets would be available one hour before the game.

When the match began, Moghal said she was at SoFi Stadium, but the tickets never came.

Renteria said he paid around $2,300 for the June 18 Mexico versus South Korea match in Guadalajara, Mexico, but they were canceled

“Devoted soccer fans have traveled from around the world to attend World Cup matches — and they reasonably relied on StubHub to provide the tickets they paid for as well as on StubHub’s warranty,” Blake Hunter Yagman, the attorney representing the two, said in a statement. “Instead of rewarding their business, StubHub sold them World Cup tickets that they either could not provide or on speculation, only to be stranded, in many cases, at the stadium gates without any recourse.”

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According to StubHub’s website, its Fan Protect Guarantee states the platform will deliver valid tickets or refund in the event of a ticket issue, and that it will “go out of our way to find replacement tickets” of a comparable value. The lawsuit alleges the replacement tickets many fans were given by StubHub were worse than their original tickets.

FIFA, the World Cup organizer, states in its terms and conditions that the FIFA Marketplace, its own ticket-selling platform, is the only authorized platform for World Cup tickets, and that only tickets purchased through it are guaranteed by FIFA to be valid.

Despite the risk of purchasing through a third-party platform such as StubHub, many fans opted to do so to avoid the 30% FIFA resale tax, believing that the Fan Protect Guarantee would safeguard their order.

Since World Cup tickets began selling on FIFA Marketplace last September, fans have expressed disappointment in the expensive price tag. FIFA utilized a dynamic pricing system for the sale, and as sales phases progressed leading up to the games, the cost of tickets increased tremendously. In March, the extreme cost of tickets prompted 69 members of Congress to write a letter to FIFA urging them to lower their prices.

Tickets for the upcoming Friday match between Spain and Belgium in Los Angeles are selling on StubHub for over $1,300.

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StubHub said in various statements to the news and in legal proceedings that ticket cancellations were a result of transfer problems and issues with FIFA’s ticketing infrastructure.

StubHub did not respond to requests for comment.

A FIFA spokesperson responded to this accusation in a statement, saying, “FIFA has no visibility over, or control of, secondary market ticket transactions carried out on third-party platforms. The transactions facilitated on these platforms occur entirely independently of FIFA’s official ticketing platform. With reference to the reliability of the services available to fans on FIFA’s official ticket platform, FIFA rejects any suggestion that the functional issues being experienced by users of third-party platforms with respect to FIFA World Cup 2026 tickets are the result of FIFA’s ticketing infrastructure.”

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Commentary: Trump wants to let companies make fewer disclosures, thus keeping investors in the dark

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Commentary: Trump wants to let companies make fewer disclosures, thus keeping investors in the dark

Trump’s SEC is considering eliminating the mandate for quarterly corporate financial reports, but even some big investors call it a lousy idea.

This being the “information age,” it would be understandable if investors sometimes feel inundated with too much information to wade through about the stocks in their mutual fund portfolios.

The Securities and Exchange Commission, bowing like a puppy to the urgings of President Trump, is considering exactly the wrong solution to this supposed burden. It’s proposing to allow public companies to give their investors less information, as though that’s a good thing.

On May 8, the SEC proposed rescinding its mandate that public companies report financial results on a quarterly schedule. Instead, it suggests, semiannual and annual reports should suffice.

This takes an already-unlevel playing field where Main Street investors are already disadvantaged, and makes it more unlevel.

— Dennis Kelleher, Better Markets

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The SEC left its proposal open for public comment for 60 days, meaning the window closed Monday. By then, the agency had received more than 68,000 comments, according to a tracker posted online by accounting professor Tzachi Zach of Ohio State.

Almost 99.9% of the comments were negative. Several organizations of institutional investors and auditing professionals, as well as a tsunami of individual investors, expressed opposition.

A similar initiative the SEC aired in 2018, during Trump’s first term, received an overwhelmingly negative response and was eventually dropped.

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The tide of opposition coming from individual investors shouldn’t be surprising. “Taking away basic quarterly information means investors are blind for six months at a time,” says Dennis Kelleher, co-founder and chief executive of the investor advocacy nonprofit Better Markets.

That’s especially true for small investors, though perhaps not so much for major institutions, insiders or deep-pocketed individuals. “If you’re a big dog, you’ll get the information anyway,” Kelleher told me. “And insiders, who are trading in their own stock all the time, will have the information. This takes an already-unlevel playing field where Main Street investors are already disadvantaged, and makes it more unlevel.”

Trump set off the latest initiative with a social media post on Sept. 15, advocating the move to a six-month reporting schedule. It read, in part, “This will save money, and allow managers to focus on properly running their companies. Did you ever hear the statement that, ‘China has a 50 to 100 year view on management of a company, whereas we run our companies on a quarterly basis???’ Not good!!!”

As was usual with Trump, his argument was a string of uninformed and irrelevant non sequiturs.

It’s doubtful that eliminating quarterly reports will save much, if any, money. Most 10-Qs are cookie cutter documents disclosing financial figures already embedded in corporate records.

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The idea that managers would become empowered to “focus on properly running their companies” if only they were relieved of the burden of preparing a report every three months is just malarkey: Any CEOs who feel the impulse to drop everything and involve themselves in what is essentially an automated process can’t be very good at their jobs.

As for China’s “50 to 100 year view on management of a company,” what would that even mean, even if it were true? China doesn’t operate on a 50 to 100 year corporate horizon, but rather on a string of five-year plans. The most recent of these was adopted by the government in March, covers the period up to 2030, and is its 15th in a row.

Despite the flaws in Trump’s arguments, Trump’s SEC Chairman Paul Atkins, a former corporate lawyer and securities industry consultant, fell into line. Within a few days of Trump’s post, he showed up on CNBC to minimize the potential effect of the change. Private companies rely on semiannual reports, after all, he noted, although the idea of taking private companies as models for publicly traded corporations might not strike experienced investors as the wisest thing.

Atkins cited an enduring chestnut, for which there’s no evidence, that quarterly reporting is responsible for “short-term thinking” in corporate suites (though he admitted that his evidence was “anecdotal”). And he suggested that small investors have ample access to corporate information even without quarterly reports — why, he said, they can just tune in to CNBC!

“To propose change in what our rules are now would be a good way forward,” he said. “So I welcome the president’s putting this up for discussion.”

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Something more insidious undergirds the SEC’s proposal than its immediate effect on corporate behavior. The agency rationalizes its proposal as seeking “a tradeoff between reducing regulatory burdens … and promoting efficient financial markets through timely disclosure.”

The problem here, Kelleher points out, is that “reducing regulatory burdens” isn’t part of the SEC’s mission in any way, shape or form. It’s a regulatory agency, and its mission since its founding in 1934 has been to protect investors, not to make things fluffier for stock issuers.

The history of financial disclosure in the U.S. shows a long-term trend favoring more disclosure, not less. In the 1880s, quarterly reporting by railroads and other transportation companies were common.

Early on, pressure for more frequent disclosure came not from government regulators, who barely existed before 1934, but from investors. The reporting of quarterly earnings, notes corporate finance expert Owen Lamont of Acadian Asset Management, was “a bottom-up historical phenomenon reflecting voluntary arrangements between firms and investors, not a top-down phenomenon imposed by law.”

By 1931, according to financial historians, 63% of New York Stock Exchange-listed firms were publishing their quarterly earnings. The Big Board mandated that frequency for most listed companies in 1939. The SEC mandated semiannual reports in 1955 and quarterly reports, as Atkins said, in 1970.

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The evidence in favor of dropping the quarterly reports is uniformly thin. Some advocates cite a 2018 op-ed in the Wall Street Journal by JPMorgan Chase CEO Jamie Dimon and Warren Buffett that was headlined “Short-Termism Is Harming the Economy.”

Couple of points about this: First, the target of Dimon and Buffett wasn’t quarterly financial reporting, but quarterly earnings guidance — that is, the practice of some top executives who project their earnings into the future. (This guidance usually comes at the same time they issue their SEC disclosures.)

It’s guidance, they wrote, that is “a major driver” of short-termism in corporate behavior. That’s because management is giving itself a target it feels obligated to meet, even if factors outside its control interfere with the quest.

Furthermore, Dimon and Buffett wrote, “Our views on quarterly earnings forecasts should not be misconstrued as opposition to quarterly and annual reporting.” They called transparency about financial and operating results “an essential aspect of U.S. public markets … so that the public, including shareholders and other stakeholders, can reliably assess real progress.”

Individual investors may be unmoved by the SEC’s proposal because — let’s be candid — how many of them read quarterly earnings reports, anyway? But that’s unimportant, Kelleher says, because other market participants are reading them. “So that information is in the marketplace, and that’s what actually enables price discovery, so stock prices roughly reflect what’s going on at a company, most of the time.”

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More to the point, the quarterly reports reflect the highest-quality, detailed information, the information the SEC requires executives to disclose on pain of facing a civil lawsuit from the agency or even criminal liability for faking data. “Main Street investors, whether they read quarterly reports or not, are the real beneficiaries,” Kelleher says.

That’s so. The bottom line is that quarterly financial reporting helps investors. It doesn’t promote short-term behavior and its costs, modest as they are, don’t outweigh its benefits.

Over the decades, scandal-ridden corporations have hidden fraudulent behavior in the interstices between mandated disclosures—think Enron, WorldCom and Tyco, among others. Why give any corporation, even an honest one, the opportunity to disclose less?

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