Evidence suggests that Bernard Madoff, the
“prominent” Wall Street operator and former chairman of
the NASDAQ stock market, had ties to the Russian Mafia,
Moscow-based oligarchs, and the Genovese organized crime
family.
And, as reported by Deep Capture and Reuters , Madoff did not just orchestrate a $50
billion Ponzi scheme. He was also the principal architect of SEC
rules that made it easier for “naked” short sellers to
manufacture phantom stock and destroy public companies – a
factor in the near total collapse of the American financial
system.
* * * * * * * *
I don’t know why, but this seems like a good time to tell
you a little about my personal history. Along the way, I’ll
mention a murder, two suicides (or “suicides”), a punch
in the face, a generous bribe, three Armani suits in bar, and a
“prominent” billionaire who might know something about
a death threat and a Russian matryoshka doll.
But actually, this story isn’t about me. It’s about
Patrick Byrne, the fellow who got me into this mess.
* * * * * * * *
The story, like so many others, begins on August 12, 2005
– the day that Patrick Byrne, the CEO of Overstock.com and
future reporter for Deep Capture (a leading investigative news
outfit), delivered a famous conference call presentation entitled,
“The Miscreants Ball.”
To the 500 Wall Street honchos who listened in to this
conference call, Patrick said that a network of miscreants was
using a variety of tactics – including naked short selling
(phantom stock) – to destroy public companies for profit. He
said this scheme had the potential to crash the financial markets,
but that the SEC did nothing because the SEC had been compromised
– or “captured” – by unsavory operators on
Wall Street.
Patrick added that he believed the scheme’s mastermind
— “just call him the Sith Lord” — was a
“famous criminal from the 1980s.”
In January 2006, I was working as an editor for the Columbia
Journalism Review, a well-respected ( if somewhat dowdy) magazine
devoted to media criticism. Patrick had claimed that some prominent
journalists were “corrupt” and were working with
prominent hedge funds to cover up the naked short selling scandal,
so I called to discuss.
Patrick picked up the phone and said: “Chasing this story
will take you down a rabbit hole with no end.” He said that
the story had it all – diabolical billionaires, phantom
stock, dishonest journalists, crooked lawyers, black box
organizations on Wall Street – and not only that, but
“the Mafia is involved, too.”
Well, Patrick seemed basically sane. I decided to write a story
about the basically sane CEO who was fighting the media on an
important financial issue while harboring some eccentric notions
about the Mafia.
I figured it would take a week.
* * * * * * * *
Months later, my desk was buried under evidence of short seller
miscreancy, I had done nothing but investigate this story since the
day I first called Patrick, and I had just gone to a topless club
to meet a self-professed mobster who told me all about a
stockbroker who had peddled phantom shares for the Russian Mafia
and the Genovese organized crime family.
The stockbroker had taken a bullet to the head –
execution-style. And the mobster said he knew who did it.
* * * * * * * *
By this time, Patrick had long-since amended his “Sith
Lord” analogy to say that the short selling schemes probably
had multiple masterminds with a shared ideology – “like
Al Queda.”
Be that as it may, my investigation now had two areas of focus.
The first was the Mafia. The second was a network of crooked
journalists, investors, short sellers, and scoundrels – a
great many of whom were connected in important ways to two famous
criminals or their associates.
The famous criminals were Michael Milken and Ivan Boesky.
In the 1980s, Milken and Boesky were among the most
“prominent” investors in America. They were also the
main protagonists in what James B. Stewart, a Pulitzer Prize
winning reporter for The Wall Street Journal, later called
“the greatest criminal conspiracy the financial world has
ever known.”
In 1989, Milken was indicted on 98 counts of securities fraud
and racketeering. He did some time in prison. Upon his release, he
revved up a public relations machine that was as effective as it
was ruthless (Milken’s detractors had their reputations torn
to shreds).
Nowadays, the press generally refers to Milken as a
“prominent philanthropist.” Often, he is hailed as the
“junk bond king” – a financial
“genius” who “fueled economic growth” and
“built great companies” by
“revolutionizing” the market for high-yield debt (junk
bonds).
Boesky, who helped Milken destroy great companies, was indicted
on several counts of securities fraud and stock manipulation. After
his release from prison, in the early 1990s, he reportedly went to
Moscow to build relationships with the Russian oligarchs who were
then looting the former Soviet Union.
After that, nobody heard much from Boesky.
* * * * * * * *
In the spring of 2006, I doubted that Milken or Boesky had
committed any wrong-doing since the 1980s. But it was clear that
many of the people in their network were up to their same old
tricks – destroying public companies for profit.
I did not think that Milken or Boesky worked for the Mafia
– that would be crazy. But it was clear that the Mafia was
destroying public companies for profit. And it was clear that a
surprising number of people in the Milken-Boesky network did have
ties to the Mafia.
At any rate, the “prominent investors” in this
network seemed to have many schemes.
Sometimes they seized a public company, fattened it with debt,
stripped out its assets, pocketed its cash, and then killed the
company off. This is what mobsters used to call a
“bust-out.” In the old days, it was neighborhood
wiseguys taking over local restaurants. In the 1980s, Milken and
his crowd introduced the technique to the world of
high-finance.
Other times, the “prominent investor” thugs acquired
large stakes in a company. Then the thugs suggested to the company
that they would go away only if the company were to buy back its
shares at a hefty premium. In the 1980s, the Milken crowd referred
to this as “greenmail.” Mobsters called it
“blackmail” or “protection money.”
In still other cases, the “prominent investors”
attacked the companies from the outside, employing tactics –
threats, harassment, extortion – that seem straight from the
Mafia playbook.
Whatever the specifics of the scheme, it was often the case that
“prominent” short sellers who were tied to the
“prominent investors” would eventually converged on the
target companies and use a variety of equally abusive tactics
either to destroy the companies or put them on the defensive.
While I do not have SEC data going back to the 1980s, the data
for more recent years shows that most of the companies attacked by
this network were also victimized by abusive naked short
selling.
That is, somebody sold massive amounts of the companies’
stock and “failed to deliver” it for days, weeks,
months – or even years – at a time.
* * * * * * * *
So back in 2006, I had begun to ask a lot of questions.
That’s when I had a strange encounter with three dudes in
Armani suits.
The encounter occurred on a Thursday evening in a quiet,
neighborhood dive bar, around the corner from my apartment, near
Columbia University in New York – a neighborhood that does
not often attract men in Armani suits. I was alone, having a beer
and reading a book about Wall Street.
The Armani suits entered the bar and sat down next to me.
“Whatcha reading?” one said.
When I told him, he asked: “Anything in there about Ivan
Boesky?”
“Yes,” I said, “he’s
mentioned”
“Haven’t read it,” the man said.
He was silent for a few minutes. Then he laughed and announced
that, by the way, he used to work for Ivan Boesky’s family.
He said Boesky “is a real asshole – thinks he has so
much money he can do what he wants. Hell, he might have killed
people, for all I know…Heh.”
Armani shook his head. Then he said, “Hey, I got to tell
you a funny story.”
This turned out to be a long and convoluted tale, the gist being
that a fellow had wandered into the ladies underwear department at
Saks Fifth Avenue. Apparently, this fellow thought it would be a
good idea to peek into a dressing room where a lady was trying on a
new pair of panties. But the lady’s husband caught the fellow
and the husband happened to be packing some high-caliber weaponry,
so he blew the fellow’s brains out, and now there was a big
mess in the ladies underwear department.
“The guy was a pervert,” said Armani. “You
know what I mean? There are some things you keep your nose out of.
I would have killed the guy, too.”
With that, Armani stood up and said he was pleased to have met
me.
I asked for his name. He said, “It’s John —
John from Saks Fifth Avenue.”
And then he and his friends were out the door. The other two
guys hadn’t said a word. None of them had bought drinks or
shown any other reason for having entered the bar.
This occurred shortly after I began asking my first serious
questions about Boesky. I had just met with a CNBC public relations
man and I had told him that I was conducting a full-scale
investigation of Boesky, and was interested in knowing more about
Boesky’s ties to CNBC reporter Jim Cramer. I had determined
that most of the journalists who were deliberately blowing smoke
over the naked short selling issue were connected to Cramer. These
included four of the five founding editors of TheStreet.com,
Cramer’s online financial news publication.
Cramer, a former hedge fund manager, had planned to work out of
Boesky’s offices in the 1980s. When Boesky was indicted,
Cramer worked instead with Michael Steinhardt, whose biggest
initial investors were Boesky, Marc Rich (later convicted for tax
evasion and illegal trading with Iran), Marty Peretz (co-founder,
with Cramer, of TheStreet.com) and the Genovese organized crime
family.
Steinhardt’s father, Sol “Red” Steinhardt,
spent several years in Sing-Sing prison after he was a convicted by
a New York prosecutor who described him as “the biggest Mafia
fence in America.”
Also at this time, a central target of my investigation was a
hedge fund called SAC Capital, colloquially known as
“Sak.” That, of course, is somewhat different from
“Saks Fifth Avenue.” It seemed doubtful to me that
either Boesky or SAC Capital had sent the Armani-suits to threaten
me.
Possibly, I thought, Armani had misrepresented his relationship
with Boesky and Saks Fifth Avenue. Perhaps Armani worked for people
who were concerned that I had begun investigating that
execution-style murder.
Either that, or this was just one of those weird coincidences
and there really was a former Boesky employee who’d found
work in the brain-splattered ladies underwear department at Saks
Fifth Avenue.
* * * * * * * *
My investigation continued and sometime later – on
Halloween, 2006 – a guy sat down next to me at a book store.
He said he’d seen me with one of my closest relatives (he was
specific, but I’d rather not name the relative) and he
thought I needed to be more concerned about the safety of this
relative.
He said he didn’t mean to be intrusive, but he knew how
hard it was to take care of relatives and he just wanted everyone
to be safe.
Then another guy sat down at a nearby table, and slammed down a
book. On the front cover of this book, in big bold letters, it
said: “MAFIA.”
I became paranoid enough to retreat to the back of the book
store. I told one of the clerks about the two guys, and I called
some colleagues, who offered to send the police.
As soon as I hung up, one of the guys came up to me, smiled, and
said he hoped that he hadn’t upset me. Then he left.
I told my friends not to call the police. It was probably just a
strange coincidence.
Two years later, as my investigation deepened, I began receiving
Internet messages from Sam Antar, a convicted felon who
orchestrated the famous fraud at Crazy Eddie, the electronics
retailer. In an upcoming story, I will describe Antar’s
relationship with Michael Milken. I will also tell you more about
the $200,000 in cash that Antar delivered to a Milken-funded
entrepreneur who orchestrated a massive fraud with the Genovese
organized crime family.
For now, though, I’ll just say that Antar’s messages
to me have not been friendly.
In one, he wrote, “Mitchell: Do you remember what happened
last Halloween?”
I had spent the previous Halloween interviewing Rotarians in
Oklahoma about their Halloween canned food drive. The Halloween
before that, I was in a book store where there was either a strange
coincidence or a veiled death threat.
I sent Antar an email, asking what he meant. He did not
reply.
* * * * * * * *
In November 2006, one of the hedge fund managers I was
investigating appeared in my office and announced that he had
become the primary financial backer of my department at the
Columbia Journalism Review. Traditionally, the Columbia Journalism
Review (a not-for-profit magazine) had been funded by large
philanthropic foundations – not by hedge fund managers who
were under investigation by the Columbia Journalism Review.
But now my salary would depend entirely on the beneficence of
this hedge fund.
The hedge fund was called Kingsford Capital, and in upcoming
stories, I will tell you more about this hedge fund.
I’ll tell you about Kingsford’s ties to naked short
sellers.
I will tell you about the large sums of money that were offered
to other journalists who had been working the naked short selling
story.
I will tell you why it is significant that one of Kingsford
Capital’s managers was Cory Johnson – a founding
editor, along with Jim Cramer and the other dishonest journalists I
was investigating, of TheStreet.com.
I will publish emails that shed light on Kingsford’s
relationship with hedge funds that are tied to both SAC Capital and
Michael Steinhardt, Cramer’s former office-mate.
In still other stories, I’ll tell you more about
Steinhardt and his partners’ ties to the Genovese Mafia, Ivan
Boesky, an angry Russian hooker, and a man who wanted the world to
believe that he was dead.
I will also tell you about the former Genovese Mafia soldier who
told a former manager of SAC Capital that he could make one of the
manager’s business associates disappear in the Nevada desert.
And I’ll tell you that the man who volunteered to commit this
murder had once been hired to put a dead fish and a bullet hole in
the car of a journalist who was investigating one of Michael
Milken’s closest friends.
I’ll tell you all about it in upcoming stories.
But let me stress that I have no idea who was responsible for
the strange things that occurred in 2006. That is to say, I know
that Kingsford bribed the Columbia Journalism Review.
But as for the other strange occurrences – all I can say
is that they were strange.
* * * * * * * *
Two days after I learned that Kingsford Capital and its cronies
would be paying my salary while I finished my exposé on
Kingsford Capital and its cronies, I had dinner with an economist
who was exploring the naked short selling problem.
On my way home, I stopped in a café around the corner
from my apartment. As I was putting on my coat to leave the cafe, a
man grabbed me from behind and forcefully escorted me to the
sidewalk. Outside, there were two more guys – not big guys,
just regular looking fellows. They grabbed me, and the first guy
delivered a single powerful punch to my eye.
I was stunned. When I finally held up my fists, the three men
laughed and embraced me in a bear hug. Then they virtually carried
me to the front stoop of my apartment, which was a block away. It
seemed as if they knew that I lived there.
After brushing off my lapel, they said they were very sorry.
They said they hoped I wasn’t offended, it wouldn’t
happen again, but they were there for my own good – and,
please, just “stay away from your Irish Mafia
friend.”
Then they were gone. It all happened in about three minutes.
It occurred to me that this might have been just a random act of
violence. It also occurred to me that the thugs might have bungled
the message – that they had meant to say, “Just stay
away from the Mafia and your Irish friend.”
Patrick Byrne (full name: Patrick Michael Xavier Byrne), with
whom I was working extensively on the naked short selling story, is
Irish. In interviews I had conducted for the story, many people had
commented on Patrick’s Irishness. (In some Wall Street
circles, it seems to be common for people to refer to others’
ethnicity – “Byrne, he’s an Irish guy,
right?” or “The stock loan business, that’s the
Italians.”)
In any case, I went to work the next day with a black eye. I
said it was “just a bar fight.”
A woman in my office told me she thought it was “really
cool” that I had been in a bar fight.
Later, Sam Antar, the convicted felon, posted an Internet
message asking whether I “had ever been forcefully escorted
out of a public building.”
As this had happened only once, I sent Antar an email asking if
he was referring to the thugs who’d ambushed me in a
café.
Antar did not answer my question. Instead, he quickly proceeded
to write a blog saying that he had just received information that I
had been “forcefully escorted out of the Columbia Journalism
Review.”
* * * * * * * *
To be continued….