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Gabelli Market Timing Case is Revived

August 17, 2011

Marc Gabelli, son of famed investor Mario Gabelli, is going back to court to once again face SEC charges.  The Agency alleges that Marc, former portfolio manager of the Gabelli Global Growth Fund, and Bruce Alpert, the COO of the fund's adviser, with allowing outside investors to make market-timing trades in the fund Marc managed.  The fund is part of Gabelli Funds LLC, a part of GAMCO Investors Inc.

A lower court had dismissed the SEC lawsuit, but a federal appeals court reversed the ruling against Marc Gabelli and Bruce Alpert, sending the case back to Manhattan district court for further proceedings.

The SEC alleges that, from 1999 to 2002, Gabelli and Alpert let British firm Folkes Asset Management (now Headstart Advisers) conduct hundreds of market-timing trades in the Gabelli Global Growth Fund.  The opportunity wasn't offered to other investors.  [Reuters, 8/1/11]