Viceroy Research has reported extensively on the corporate malfeasance, fraud, and accounting gimmicks at Arbor Realty Trust (henceforth, Arbor). This includes the misreported quality of loans and fraudulent undisclosed related-party transactions. Arbor management has refused to acknowledge these issues and has made their disclosures more opaque.
We note that a listed company with an ATM program in place may not sell its securities while it is in possession of material non-public information or if the disclosures contained in or incorporated into its prospectus and prospectus supplement for the ATM offering have become untrue or misleading in any material respect.
Full letter to Citizens Financial Group attached.