Freedom Holding Corp. Announces Completion of External Review of Allegations Made in Short-Seller Report
25 Gennaio 2024 - 10:00PM
Business Wire
Freedom Holding Corp. (the “Company”) (Nasdaq: FRHC) today
announced the conclusion of an external review commissioned by the
independent members of its board of directors. The external review
was into wide-ranging allegations made about the Company and its
business in an August 15, 2023 report published by Hindenburg
Research (the “Hindenburg Report”), an activist short-selling firm
which disclosed having a short position in the Company’s shares.
Following the publication of the Hindenburg Report, although the
Company believed the allegations were meritless and the independent
directors have full confidence in the Company and its business
model, the independent members of the Company’s board of directors
decided that it was in the best interests of the Company and its
shareholders to conduct an external review of the allegations set
out in the Hindenburg Report.
The independent members of the board of directors engaged law
firm Morgan, Lewis & Bockius LLP and engaged forensic
accounting firm Forensic Risk Alliance to conduct the external
review and report on their findings. The review took place over a
period of approximately four months and included document and data
review, site visits to Kazakhstan and Cyprus, data analytics and
testing work, and remote and in-person interviews of many senior
management and employees of the Company and personnel at certain
external advisers and counterparties of the Company. The review
focussed on the Company’s main operating subsidiaries that were the
subject of the allegations as well as on the Company’s affiliate
Freedom Securities Trading, Inc. (“FST Belize”). It was not
possible to assess certain of the allegations in the Hindenburg
Report because they were dated, vague, or lacking details.
The external review found generally that the allegations in the
Hindenburg Report did not take account of important facts and were
not supported by evidence. In particular, the findings of the
external review included the following:
- The Company’s growth in recent years was mainly attributable to
organic growth (including increases in the number of customers and
increased trading volume by customers), acquisitions and gains and
income from trading securities, as described in the Company’s
reports filed with the SEC and as indicated in its audited
financial statements. The growth was not the result of manipulative
or otherwise illegal or improper business practices.
- The Company has robust global and local sanctions and
anti-money laundering (“AML”) procedures, controls and policies in
place, which are implemented through its business and compliance
personnel.
- There was no evidence identified of sanctions evasion or
dealing with sanctioned oligarchs.
- While certain of the Company’s non-US subsidiaries have had
dealings with certain sanctioned banks and individuals, a fact
which the Company has publicly disclosed, those dealings did not
involve any material violations of US, EU, UK, or other
sanctions.
- There was no evidence identified of client accounts being
funded with cryptocurrencies or physical cash, other than cash
deposits made by existing customers at the Bank Freedom Finance
Kazakhstan JSC retail banking counter subject to standard AML
checks.
- There was no evidence identified that the Company has engaged
in market manipulation of its own stock or in respect of its
holdings of Kazakhstan Sustainability Fund bonds.
- The Company’s holdings of fixed coupon Kazakhstan
Sustainability Fund bonds do currently have a negative carry, as is
alleged, but are held as part of a deliberate and legitimate
trading strategy which is anticipated to be profitable as a result
of future interest rate movements.
- The Company maintains policies, procedures and controls for the
business dealings between its Cyprus subsidiary, Freedom Finance
Europe Limited, and FST Belize, including with regard to anti-money
laundering compliance and sanctions compliance.
- There was no evidence identified to support the allegations
made in the Hindenburg Report that the Company engaged in
transactions with FST Belize in order to generate “fake” or
inflated revenue.
- The Company’s former Russian subsidiaries were sold in a valid
sale transaction and there is no evidence to support continuing
control by the Company or the Company’s CEO Timur Turlov of the
Russian companies following that sale.
- The Company’s brokerage clients were not required to purchase
the Company’s stock in order to receive allocations of shares in US
IPOs or to participate in a program to acquire shares from US IPOs
in the secondary market at or near the IPO share price.
The Company has accepted the results of the external review and,
in particular, welcomes the finding that it has robust global and
local sanctions and AML procedures, controls and policies in place.
As part of its commitment to strong governance and compliance the
Company asked the external review team to recommend any
enhancements that could be made to such procedures, controls and
policies based on their review. In response, and in conjunction
with delivering its findings, the external review team has
recommended certain further enhancements, and the Company’s board
of directors has accepted those recommendations. Senior management
of the Company, including the Vice President of Compliance, have
already begun to implement them.
The Company’s Annual Report on Form 10-K in respect of the
financial year ended March 31, 2023, including the audited
financial statements included therein, and its other reports and
filings with SEC, are available on the SEC’s website.
Forward-Looking Statements
This press release contains “forward-looking” statements,
including, without limitation, statements related to the Company’s
business strategy, future growth and further development of its
compliance and control environment. Forward-looking statements are
subject to numerous conditions, many of which are beyond the
control of the Company, including, without limitation, those risks
and uncertainties described in our annual report on Form 10-K for
the fiscal year ended March 31, 2023, and our other reports and
filings with SEC. Copies of these documents are available on the
SEC’s website, www.sec.gov. The Company undertakes no obligation to
update these statements for revisions or changes after the date of
this release, except as required by law.
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version on businesswire.com: https://www.businesswire.com/news/home/20240125790703/en/
Deborah Kostroun (US) deborah@zitopartners.com Tel.: +1 201
403-8185
Ramina Fakhrutdinova (KZ) ramina.fakhrutdinova@ffin.kz Tel.: +7
727 311 10 64, ext. 640
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