This
story, like too many others, begins with Jim Cramer, the CNBC
personality, making “a mistake.”
On
September 26, 2005, Cramer announced to his television
audience the sad news (punctuated by funny sound effects – a
clown horn, a crashing airplane) that Provenge, an experimental
treatment for prostate cancer, had flopped. Thousands of end-stage
patients had been pinning their hopes on Provenge, but according to
Cramer the treatment had just been rejected by the Food & Drug
Administration. It would never go to market.
This
seemed odd, because Dendreon (NASDAQ: DNDN), the company developing
Provenge, had not yet submitted an application for FDA approval. As
everybody in the biotech investment community knew, Dendreon had,
in fact, only
recently completed Phase 3 clinical trials and probably
would not face scrutiny from an FDA advisory panel for at least
another year.
As
for the likelihood that the advisory panel would eventually vote in
favor of Provenge, the odds looked quite good. The Phase 3 trials
had demonstrated that Provenge significantly
increased patient survival with only minimal
side-effects, such as a few days of mild fever. Moreover, Provenge
was an altogether different sort of treatment – one that
fought tumors by boosting patients’ immune systems rather
than subjecting them to the ravages of chemotherapy.
Provenge was not a magical elixir of life, but
Dendreon was doing more than just developing a new technology. It
was pioneering a treatment that could revolutionize the way that
doctors fight prostate cancer. By some conservative estimates, the
market for Provenge alone could reach more than $2 billion a year.
If the treatment could be applied to other cancers, the market
would be even larger.
The morning after
Cramer declared Dendreon and Provenge to be dead in the water, Mark
Haines, the anchor of CNBC’s “Squawk Box”
program, apologized for Cramer’s “mistake.” That
afternoon, at an important UBS investor conference, Dendreon
presented still more promising data. This would normally
have given a significant boost to the company’s stock price,
but the value of Dendreon’s shares stayed flat for the day,
and then began a gradual decline.
This
had partly to do with Cramer. The next evening, on his “Mad
Money” program, the journalist (or entertainer, or
self-confessed criminal, or… whatever Cramer is)
acknowledged that the FDA had not yet rejected Provenge, but
drawing upon his medical expertise, Cramer maintained that Provenge
was not effective. In characteristically level-headed
fashion, he announced that Dendreon shareholders were
drunken, carousing, gambling Falstaffs who “might as well
take their money to Vegas.”
Dendreon, Cramer added (rather ominously),
was a “battleground stock.”
* * * * * * *
*
What
Cramer meant by “battleground ” has since become all
too apparent. For the past four years, Dendreon has been one of the
most manipulated stocks on NASDAQ. During some periods the volume
of trading in the shares of this little company has exceeded the
trading in America’s largest corporations – a good sign
that hedge funds have been churning the stock to move the
market.
And
with every burst of good news, the company has faced waves upon waves of
naked short selling – hedge funds illegally
selling millions of shares that do not exist to flood the market
and drive down the stock price. Along with the phantom stock,
people seeking to diminish Dendreon have deployed false financial
research, biased media, bogus class action lawsuits, Internet
bashers, dubious science, and other familiar weapons of the
“battleground.”
The
denouement of this stock market “battle” occurred
recently, on April 28, 2009, when Dendreon was to present
all-important results at the American
Urological Association’s annual meeting in
Chicago. Some days prior, Dendreon’s CEO, Mitch Gold, had
announced that the results of an Independent Monitoring Committee
study were “unambiguous in nature…a clear hit”
for Provenge.
If a
CEO uses language like that and does not produce the data to back
it up, he is guaranteed a visit from the Securities and Exchange
Commission. Unless the CEO or his allies have juice with the SEC,
the commission will usually charge the CEO with making false
statements to pump his stock. Gold was unlikely to take that
risk, so it was clear to most people that the meeting in Chicago
was going to be a triumph for Dendreon.
And
it indeed it was. The
data presented that day
showed that Provenge lowers the risk of prostate cancer death by
22.5 percent, with little or no toxicity. With a few notable
exceptions (some of whom are to appear as prominent characters in
this story), nearly every medical professional on the planet now
concurred that Provenge was a blockbuster drug – one that
should receive FDA approval and make Dendreon a highly profitable
company.
But
the hedge funds weren’t finished. In the days following
Gold’s announcement, short sellers piled on with a vengeance,
returning Dendreon to the leagues of the world’s most heavily
traded stocks. The firm once again found itself on the SEC’s
“Reg Sho” list of companies whose stock was
“failing to deliver” in excessive quantities –a
sign of illegal naked short selling.
On
CNBC, meanwhile, Cramer had hammered Dendreon. On April 6, 2009,
amidst ear-rattling sound effects –dogs fighting, and
(inexplicably) a baby crying —
Cramer had said “I don’t like
Dendreon.” He had shouted that Provenge had no chance
of getting FDA approval and Dendreon shareholders should
“SELL! SELL! SELL!”
Then, on April 28, at 10:01 am central
time — just hours before Dendreon’s triumph in Chicago
– an anonymous message board author on Yahoo! Finance posted
this message: “HIGH
PROBABILITY OF MASSIVE BEAR RAID…DNDN [Dendreon] could
easily drop 50% on a massive bear raid…its coming
today@12:30 pm central.”
Just
minutes before 12:30 pm central, Dendreon’s stock price began
to fall. It didn’t just fall–it
nosedived from $24 to under
$8 … in 75 seconds. That’s correct,
during a period of 75 seconds, more than 4,000 trades were
placed, totaling 3 million shares, or about 50% of Dendreon’s
(spectacularly high) average daily volume. Given that the message
board poster knew what was coming more than two hours beforehand,
and predicted the timing almost precisely, it is a safe bet that
this was a coordinated, illegal naked short selling attack. And
just in case you still didn’t get this – it caused
Dendreon’s share price to lose more than 65% of its value
– in just 75 seconds flat.
“My desk was floored,” one trader
wrote on a message board. “We all just stood up swearing,
headsets and other assorted desk items being thrown at
monitors…I haven’t heard that much swearing in
years…”
It
was, say others, one of the strangest occurrences in Wall Street
history.
* * * * * * *
*
In
fact Dendreon had witnessed even stranger occurrences –
brutal naked short selling attacks occurring simultaneously with
antics that simply have no precedence in the world of medicine. As
will be described presently, these strange occurrences very nearly
destroyed Dendreon in 2007. These strange occurrences have
also prevented patients from having access to Dendreon’s
treatment – a treatment that, as will become clear, should
have reached the market some time ago.
And
from the day of that first strange occurrence in September 2005,
when Cramer predicted that Dendreon would become a
“battleground” stock, to the latest strange occurrence
in April 2009, when Dendreon’s stock nosedived by 65% in 75
seconds, more than 60,000 men in the United States
died of prostate cancer.
So
we must ask: Who did this? Who stood to profit from
Dendreon’s demise? Were the extremely odd delays in getting
Provenge to market purely accidental? Or, were the remarkable
trading patterns and volatility accompanying those delays in fact
an expression of stock manipulation, and if so, who were the
manipulators? Since we know that Dendreon experienced naked
short selling, and naked short selling is a crime, who are the
criminals? And when much of the medical community rallied
around Provenge last month, which manipulators crashed the stock to
single digits – possibly to make the company ripe for a
hostile takeover by the very people who once sought to destroy
it?
* * * * * * *
*
It
is one of the peculiarities of the Securities and Exchange
Commission that while it is ever-eager to hassle CEOs of small
companies, it goes to considerable lengths to protect billionaire
hedge fund managers. The SEC has publicly stated that naked short
selling is a crime. It has said that it has evidence that illegal
naked short selling occurs on a large scale and does serious damage
to public companies. But it almost never says which hedge funds are
responsible. It never says who is flooding the market with
phantom stock.
As
far as the SEC is concerned, it’s all a big secret. As the
commission states on its
website, the naked short selling statistics “of
individual firms and customers is proprietary information and may
reflect firms’ trading strategies.” It seems not to
matter to the SEC that those “proprietary” trading
strategies are illegal.
Meanwhile, the SEC does not require hedge funds
to disclose even their legal short positions. As a result,
it is impossible for any journalist to present photo-perfect
portraits of attacks on companies like Dendreon.
But
brokers and other sources can tell us who some of the short sellers
are. And by analyzing public information (such as data that hints
at various hedge funds’ options strategies) we can make
educated guesses as to who has the most to gain from a
company’s decline. We can also come to understand the
relationships that bind certain hedge fund managers and miscreants,
and ask whether these people might have been acting in
concert.
If
the relationships are few in number, or separated by six degrees,
we must abandon the project – a spatter of dots on the wall
is not a work of art. But if the dots are plentiful, precise, and
show a recognizable pattern, then we have something valuable
– a sort of pointillist painting of market
behavior.
In
the case of Dendreon, we have such a painting. And when we look at
this painting, with its dozens of data points, we can see quite
clearly the familiar smirk of Michael Milken, the famous
“junk bond king” and criminal stock
manipulator.
During the times when Dendreon has been most
evidently a “battleground stock,” nearly every hedge
fund known to have placed large bets against Dendreon and a
significant number of Dendreon’s detractors — esteemed
medical professionals, financial research analysts, government
officials, and Jim Cramer himself – have been tied to Milken
or his close associates.
Most
of the hedge fund managers who appear in this story are part of a
tight network that has been in operation – exchanging
information, attacking the same stocks, employing the same tactics
– for upwards of twenty years. This is the same network that
attacked the major financial institutions in 2008, possibly
contributing to the collapse of the American financial system. And
though I recognize that some people find this hard to absorb, I
will present further evidence that a good number of the people in
this network have ties to organized crime – the
Mafia.
As
for Milken, he was released from prison in 1993, at which point he
went to considerable lengths to rebrand himself as a
“prominent philanthropist.” One of the
“philanthropic” outfits that he founded is the Prostate Cancer Foundation, and for this
he has received widespread applause from the media, government
officials, and the business elite. Because Milken has effectively
bathed himself in the glow of his “philanthropy” (and
because his public relations machine is so indisputably clever),
many people find themselves saying that Milken’s financial
crimes were but misdemeanors – the slight over-exuberance of
a “market innovator.”
But
the Dendreon story raises serious questions about the nature of
Milken’s “philanthropy” – and about a
society that venerates and even seeks guidance and favor from the
most destructive financial criminal the world has ever
known.
* * * * * * *
*
This is part 1 of a 15-part series. The
remaining installments will appear here and on Deep Capture over
the next several weeks, after which point the story will be
published in its entirety. It is a story about the travails of just
one small company, but it describes market machinations that have
affected hundreds of other companies, and it contains a larger
message for anyone concerned about the “deep capture”
of our nation’s media and regulatory
bodies.
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