Keith Gill, also known as “Roaring Kitty,” is currently embroiled in a securities fraud lawsuit stemming from his involvement in the 2021 GameStop trading frenzy. The class-action lawsuit, filed on June 28 in the Eastern District of New York, alleges that Gill orchestrated a “pump and dump” scheme by leveraging his social media presence to manipulate GameStop’s stock prices between May and June 2024. The complaint accuses Gill of using his influence to drive up GameStop’s value for personal financial gain.
Gill’s Actions
The lawsuit claims that Gill began purchasing GameStop call options on E*Trade on May 12, 2024, at low prices. The following day, he reignited interest in GameStop by posting on social media platform X, after a three-year hiatus, which resulted in a surge in the stock’s value. Subsequently, on June 2, 2024, Gill disclosed his significant holdings in GameStop securities on Reddit, further boosting the stock price above $45. By June 13, 2024, Gill had exercised all 120,000 call options he purchased, making substantial profits that he used to acquire an additional 4 million shares of GameStop.
One of the plaintiffs, Martin Radev, alleges that he suffered financial losses as a result of Gill’s actions. Radev asserts that he purchased GME shares and call options in mid-May based on Gill’s posts, which allegedly failed to disclose his intent to sell his options. The lawsuit contends that Gill’s failure to reveal this crucial information misled investors, leading to financial harm.
However, not all legal experts are convinced of the merit of the class-action lawsuit against Gill. Former federal prosecutor Eric Rosen, in a blog post dated June 30, expressed skepticism about the viability of the complaint. Rosen argued that the expectation for Gill to disclose his intent to sell options is unrealistic, as it is unreasonable to assume that investors would expect a trader to retain options until they expire. He contended that the social media posts by “Roaring Kitty” should not be decisive factors for a “reasonable investor.” Rosen emphasized the difficulty of proving that Gill’s posts directly influenced investment decisions, a crucial element in a securities fraud case.
Rosen also highlighted the necessity of demonstrating that the accused intentionally misled investors by withholding critical information, a requirement for proving securities fraud. He reasoned that the speculative nature of social media posts by an individual like Gill makes it challenging to establish a direct causal link between these posts and investment decisions. Moreover, Rosen underscored the ambiguity of claims based on random memes shared on social media, asserting that such claims are inherently difficult to substantiate in court.
The securities fraud lawsuit against Keith Gill raises complex legal questions about the influence of social media on investment decisions and the level of disclosure required from individuals with significant stock holdings. While the allegations against Gill are serious, the legal debate surrounding this case underscores the challenges of proving securities fraud in cases involving social media manipulation.