NEW YORK, NY–Matthew Podolsky, the Acting United States Attorney for the Southern District of New York, announced that JONATHAN MOYNAHAN LARMORE has been sentenced to five years in prison for manipulating the stock price of WeWork, Inc. (“WeWork”) with a fake tender offer designed to fraudulently inflate the value of LARMORE’s own WeWork securities.
LARMORE’s sentence was imposed by U.S. District Judge Paul A. Engelmayer, who also presided over a one-week trial after which LARMORE was convicted of one count of tender offer fraud and one count of securities fraud.
Acting U.S. Attorney Matthew Podolsky said: “Jonathan Larmore treated the stock market like a game he could rig to obtain instant riches at the expense of innocent investors. As today’s sentence shows, this Office will continue to advocate for significant penalties against those who manipulate our markets and defraud investors.”
According to the evidence presented in court during the trial:
LARMORE is the former CEO of Arciterra Companies LLC, a real estate investment and management firm. In the fall of 2023, LARMORE perpetrated a scheme to use a false and fraudulent tender offer to manipulate the stock price of WeWork, a co-working space company that was publicly traded on the New York Stock Exchange.
To execute his scheme, LARMORE created a sham real estate investment firm called Cole Capital Funds LLC (“Cole Capital”). LARMORE then spent more than $775,000 buying tens of thousands of cheap, short-dated, out-of-the-money WeWork call options and hundreds of thousands of shares of WeWork common stock. On November 3, 2023, LARMORE published a fake press release announcing that Cole Capital proposed to acquire 51% of all outstanding shares owned by minority shareholders of WeWork at a more-than-700% premium in an all-cash offer worth more than $77 million. At the time, WeWork was on the verge of bankruptcy. The press release itself contained a number of false and misleading claims about LARMORE and Cole Capital, and their ability to carry through with the purported tender offer.
In fact, neither LARMORE nor Cole Capital had the intent or ability to execute the announced tender offer. Instead, LARMORE intended for news of the tender offer to fraudulently inflate WeWork’s share price and, thereby, to increase the value of LARMORE’s newly acquired WeWork call options and shares.
Approximately one minute after LARMORE’s press release about his fraudulent tender offer was published, WeWork’s share price quickly increased during after-hours trading by more than 70% and continued to rise to a high of more than 150% over the stock price prior to the publication of the press release. The WeWork call options LARMORE purchased could have made him tens of millions of dollars with a big enough spike to WeWork’s stock price, but the vast majority of the options expired before LARMORE could publish his manipulative press release. The following Monday, November 6, 2023, WeWork filed for Chapter 11 bankruptcy protection. LARMORE never followed through on his fraudulent tender offer.
In addition to the prison term, LARMORE, 51, of Syracuse, Indiana, was sentenced to three years of supervised release during which the defendant must perform 500 hours of community service.
Mr. Podolsky praised the outstanding work of the Federal Bureau of Investigation. Mr. Podolsky also thanked the U.S. Securities and Exchange Commission, which filed a civil action against LARMORE, for its assistance and cooperation in the investigation.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Adam S. Hobson, Sarah Mortazavi, and Justin V. Rodriguez are in charge of the prosecution.
