NEW YORK (
TheStreet) -- The recent share tumble of
Green Mountain Coffee Roasters
(GMCR - Get Report) harkens back to the stock crashes of
(CHK - Get Report) and
(GS - Get Report) during the financial crisis, and in fact, all the way back to the Great Depression.
That's because in each case the issue of whether top executives and board members should be permitted to use their company stock as collateral for personal investments has been raised. It's a question yet to be answered definitively by the corporate world, even after similar problems first surfaced more than 80 years ago.
The risk of more market implosions triggering margin calls is significant, according to data from
Institutional Shareholder Services. Approximately 23% of S&P 500 companies have executives or company officers who have pledged company shares. Only 62.4% of S&P 500 companies have a policy in place prohibiting the hedging of shares by executives.
On Monday, Green Mountain Coffee Roasters ousted its chairman and founder Robert Stiller after he was forced to sell $125.5 million in stock to meet margin calls.
The sales, which violated company prohibitions on trading shares during earnings, were made as Green Mountain tumbled 48% on May 2 on a weak first quarter earnings report. Because Stiller had roughly 12.5 million of his Green Mountain shares in margin accounts for personal loans that
were used to buy a 164-foot yacht, the falling value of Green Mountain shares precipitated margin calls and his stock sale.
Stiller may face
Securities and Exchange Commission
scrutiny over the sales, according to a
, because the sales came during a restricted period for insider selling.
However, forced selling of shares pledged in margin accounts for loans were also a problem for Chesapeake Energy CEO Aubrey McClendon in 2008 and led to the departure of a top executive at Goldman Sachs during the financial crisis, in addition to other instances at
There is uncertainty over whether margin accounts are a problem, and even less clarity on what is and isn't legal.
"Obviously it poses a problem, in so far as you are selling or collateralizing the stock for other purposes, you are diminishing the value of the company," says Kenneth Feinberg, a founder of law firm Feinberg Rozen and special master on executive pay in the Treasury's Troubled Asset Relief Program.
Check Out Our Best Services for Investors
Jim Cramer and Stephanie Link reveal their investment tactics while giving advanced notice before every trade.
- $2.5+ million portfolio
- Large-cap and dividend focus
- Intraday trade alerts from Cramer
Access the tool that DOMINATES the Russell 2000 and the S&P 500.
- Buy, hold, or sell recommendations for over 4,300 stocks
- Unlimited research reports on your favorite stocks
- A custom stock screener
Jim Cramer's protégé, David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.
- Model portfolio
- Stocks trading below $10
- Intraday trade alerts