It’s been a long time coming, but the guys with guns and
badges might soon be slapping handcuffs on some of Wall
Street’s most destructive miscreants. According to a report
posted over the weekend on The Wall Street Journal’s webpage,
“Federal authorities are preparing insider-trading charges
that could ensnare consultants, investment bankers, hedge-fund and
mutual-fund traders and analysts across the
nation…”
The New York Times on Sunday followed up with its own report,
quoting Preet Bharara, the United States attorney in Manhattan, who
bemoaned “the lengths to which corrupt insiders will go to
misuse confidential information for their own personal gain.”
As the Times noted, the rhetoric is reminiscent of the 1980s, when
the Feds busted the massive stock manipulation and insider trading
ring led by the famous financial criminal Michael Milken –
and, indeed, it might not be a coincidence that this
weekend’s announcement of imminent indictments came exactly
20 years after Milken was sentenced to prison.
The names of some of the hedge funds mentioned in the press as
likely DOJ targets – hedge funds like SAC Capital and Ziff
Brothers – will be completely familiar to readers of
DeepCapture.com. In fact, this website was founded in large part to
expose the depredations of precisely this network – a network
that has its origins (at least to some extent) in the criminal
enterprise that Michael Milken built in the 1980s.
As we have long explained, this network not only regularly
trades on inside information, it has pioneered new variations of
the practice by, for example, manufacturing information (often
false) which they can front-run in the market, employing abusive
(and likely illegal) short selling techniques to manipulate the
stock of public companies; and “capturing” some of the
institutions this nation relies upon to curtail such behavior.
Most notable among these institutions are the financial press
(large swaths of which have grown inappropriately close to
precisely this network of hedge fund managers), and the SEC, which
has not only failed in its regulatory duties, but has often
assisted the hedge funds’ schemes by launching
misguided (and go-nowhere) investigations of the companies the
hedge funds have targeted, and providing the hedge funds with
confidential information about those investigations. All of
this has been thoroughly documented within the pages of Deep
Capture.
It was more than five years ago that Overstock.com CEO and
future Deep Capture founder Patrick Byrne first gave a
famous public conference call that he dubbed “The Miscreants
Ball”. With more than 500 Wall Street executives and a few
journalists listening in, Patrick outlined the existence of a
“network” of miscreant hedge funds and
“independent” financial analysts that he said was using
underhanded methods to trade on privileged information and do
serious damage to the financial markets.
In “The
Story of Deep Capture”, we sought to explain the origins
of the Deep Capture project by telling the tale of our
extensive (and at times, arguably over-the-top) investigation of
this network of hedge funds – a network that included SAC
Capital (whose founder, Steven Cohen, was investigated by the SEC
in the 1980s for trading on inside information given to him by
Milken’s shop at Drexel, Burnham), Ziff Brothers, and others.
This story was (I admit) exceedingly long – it demanded
its readers’ patience – but it provided plenty of
detail of how the network operates.
Among the tactics we cited in that story was the use of
so-called “independent” experts – experts who had
been hired by hedge funds to ferret out inside information about
companies targeted by the hedge funds, or to badmouth companies the
hedge funds were selling short. It now appears that the Feds have
themselves independently discovered how these “expert
networks” actually operate and, as a result, some of these
“experts” seem to be looking at possible jail time.
Another tactic we detailed at length was the use of supposedly
“independent” financial research shops, such as
Gradient Analytics, which were, in fact, in the business of
publishing spurious reports for the benefit of their hedge fund
clients, which would obtain the reports before they were made
public and place trades that would profit from the effect that the
reports would have on stock prices. Over and over again we noted
how the false information in these reports ended up regurgitated in
stories written by a small clique of journalists who appeared to
have developed exceedingly close relationships to a small circle of
hedge funds, and had come to depend on the hedge funds’ bogus
analysis to the exclusion of all dissenting views.
The journalists (some of whom worked for The Wall Street Journal
and The New York Times, whose editors must have swallowed hard
before publishing this weekend’s stories announcing the
imminent indictments) had, like the SEC, been
“captured” by the hedge fund managers.
Some of these journalists even went to lengths to cover up the
hedge funds’ shenanigans, insisting all along that their
favorite hedge fund managers were innocent of any crime –
indeed, insisting that the hedge fund managers were heroes and the
smartest people on Wall Street. (The hedge fund managers were
clever, to be sure, but apparently not clever enough to avoid
becoming targets of what now appears to be the biggest criminal
investigation in the history of Wall Street.).
In January 2009, in a story titled “Hedge
Funds Reading Tomorrow’s Headlines Today”, Deep
Capture reporter Judd Bagley provided indisputable evidence
that SAC Capital, Ziff Brothers, and some of the network’s
other major figures, such as James Chanos of Kynikos Associates,
received advance copies, and traded ahead of bogus financial
research produced by Morgan Keegan, a supposedly
“independent” research shop that was, in fact, working
for those same hedge funds.
Even after this evidence was posted for all to see, the press
continued to use these hedge fund managers as sources, and never
once cast doubts as to whether they really were wholesome geniuses
who deserved the final say on the health of public companies.
Meanwhile, James Chanos, who heads a hedge fund lobby, could be
found regularly roaming the halls of the SEC, where he successfully
convinced regulators to flinch from enforcing the rules against
manipulative trading that he and his associates were skirting.
Some time ago, Deep Capture published another treatise
titled “Michael
Milken, 60,000 Deaths, and The Story of Dendreon.” In
this book-length story (which might, indeed, have been the longest
blog post ever published), we provided excruciating detail about
the lengths that the Milken network of hedge funds –
including SAC Capital – went to obtain (and manufacture)
inside information about biotech companies.
We noted in that story that the hedge funds and Michael
Milken apparently even managed to “capture” doctors
working for the Food and Drug Administration – prominent
doctors who abandoned their duty to the public and served the
interest of the most destructive network of financial operators in
America. And we explained in that story that the hedge funds did
not just trade on inside information, they also deployed their
information advantage and abusive short selling to hobble public
companies that were developing medicines that could have saved
lives.
During the many years that Deep Capture has sought to
expose these miscreants, we have struggled with our despair –
our belief that the system might be so thoroughly corrupted that
justice would never see the light of day. In our view, the
DOJ officials and FBI agents who are now going after this network
of hedge funds deserve medals. They are “public
servants” in the true meaning of the phrase.
If the indictments are indeed imminent, they are proof that
there are some officials who will do what is right for the country
in the face of great pressure — pressure from the media,
which insisted on defending the hedge funds, and from an immensely
powerful hedge fund lobby that had a lot of regulators and
politicians on its side.
And make no mistake: the hedge funds that the Feds are targeting
are not just “insider traders” – a term that
makes it seem as if they are nothing more than outsized versions of
Martha Stewart. These hedge funds’ tactics have damaged the
integrity of the markets. And they have hobbled – perhaps
even destroyed – countless public companies. They even
helped bring about our current economic troubles.
Indeed, it might not be a coincidence that the hedge funds named
as likely to be facing indictments – SAC Capital, Citadel,
Ziff Brothers, and others in their network – are the same
hedge funds that attacked Lehman Brothers and Bear Stearns, the
collapse of which contributed mightily to market cataclysm of
2008.
Bear Stearns executives reported seeing the managers of SAC
Capital and Ziff Brothers celebrating the demise of that bank at a
special breakfast meeting days after its collapse. The creditors of
Lehman Brothers are suing some of these same hedge funds —
SAC Capital, Och-Ziff (run by Dirk Ziff, also of Ziff Brothers) and
Citadel – because they seem to be the most likely
suspects in the illegal short selling and rumor mongering that
helped topple or almost topple, not just Lehman, but multiple other
pillars of the American economy.
Yes, make no mistake – these hedge funds are not just
small-time insider traders. I do not even think it is a huge
stretch to say that some of these hedge funds are a threat to the
security of our nation.
As it happens, it is on this subject – the threat that
some traders pose to national security – that Deep
Capture is now on the verge of publishing an immensely long and
detailed piece of research. For now I will refrain from revealing
too much of the article’s contents except to alert you that
it includes excruciating detail about this Milken network, shocking
facts about some traders who are dangerous in every sense of the
word, and a tremendous amount of information regarding some
singularly ruthless organized crime groups and people tied to the
world’s most violent terrorist outfits.
Given this, readers will understand if I remind them that
immediately before Deep Capture published my work on Dendreon,
Patrick Byrne posted a short piece, “Coming
Attraction: Michael Milken, 60,000 Deaths, and The Story of
Dendreon“. In it, he wrote:
Incidentally, I feel it only prudent
to mention that, on the remote chance that anything happened to
interrupt the serialization of this piece on DeepCapture (say, for
example, a power failure), then arrangements have been made for it
to receive immediate publication, in full, in a way that would
reach 20 million people, instantly. In addition, the whole
package is already in the hands of some politicians who care.
Lastly, over the last couple of years I constructed a Doomsday
Machine (and of course, there’s no point
in having a Doomsday Machine if you keep it a secret). The
reader who gets but a few pages into it will understand why I make
this cautionary mention.
We will begin publishing this new story as a series in a few
weeks. We apologize to our regular readers for not updating the
Deep Capture site regularly during recent months. And we
thank our readers for having the patience to wade through our
previous stories, and for staying tuned for what will be by far our
longest and most comprehensive story to date.
In other words – more bad news on the way.
Mark Mitchell is a
reporter for DeepCapture.com. He
previously worked as an editorial page writer for The Wall Street
Journal in Europe, a business correspondent for Time magazine
in Asia, and as an assistant managing editor responsible for the
Columbia Journalism Review’s online critique of business
journalism. He holds an MBA from the Kellogg Graduate School of
Management at Northwestern University. Email:
mitch0033@gmail.com