The first of the seven “colorful” hedge funds that
held Dendreon put options (right when Provenge was on the fast
track to FDA approval) was Bernard L. Madoff Investment Securities,
managed by the Mafia-connected criminal who orchestrated a $50
billion Ponzi scheme while helping the SEC write a naked short
selling loophole that came to be known as the “Madoff
Exemption.”
According to SEC filings, Madoff owned put options on 180,000
shares of Dendreon as of March 31, 2007, which was two days after
the FDA’s advisory panel voted in Dendreon’s favor.
That is fewer than the numbers of put options bought by the other
six hedge fund managers, but again, the SEC does not require hedge
funds to disclose their short selling, so we do not know whether
Madoff had a larger short position in Dendreon, along with these
puts.
In any case, Madoff’s bet against Dendreon was
significant. Given the positive data Dendreon had released and the
subsequent vote of the FDA advisory panel, the trading position was
not only counterintuitive, it was also (given some strange events
which occured shortly thereafter), prescient to a degree one could
only describe as “improbable.” The trade was all
the more significant when you consider that only ten traders on the
planet owned more than 150,000 Dendreon put options at the time,
and at least seven of those traders, including Madoff, are part of
a tight-knit network of people who have worked intimately with
Michael Milken or his close associates.
It has been widely reported in the media that Madoff’s
criminal activity was confined to his fund management business, and
that this business did not execute any real trades — that
Madoff merely pocketed the money of his investors, all of whom were
“victims.” According to the media reports,
Madoff’s market making operation was legit.
These claims may well be false. Again, the fact that Madoff was
one of only ten people on the planet who owned large numbers of put
options in Dendreon suggests a certain degree of foresight
(especially when one understands those subsequent strange
occurrences, which we will be getting to in due course). The
trade was so counterintuitive, and timed so precisely to coincide
with Dendreon’s triumphant news (and the brutal naked short
selling attack that accompanied it), that the claim that
Madoff was merely pocketing investors’ money and falsely
reporting random trades seems unlikely, given how remarkable this
one trade turned out to be.
Madoff had to have meditated on the Dendreon trade. He had to
have had information – some reason to record a bet against
Dendreon at a time when there was every reason to be optimistic for
Dendreon. And if Madoff thought about making this long shot bet
against Dendreon enough to report it in his SEC filings, it is
likely that he did, in fact, place the bet. That is, he probably
purchased those put options. If so, the theory that his Ponzi fund
did not execute any trades is false.
A Deep Capture source who has seen some of Madoff’s
records says that Madoff’s fund management business was, in
fact, executing a great number of trades. According to the source,
the fund would place buy orders, and these orders would be filled
by Madoff’s market making operation, which would sell
stock to the fund without first borrowing or purchasing it.
In other words, it is probably correct to say that Madoff
stole a lot of his investors’ money, but he seems to have
used at least some of that money to generate phantom stock. Why
would he do this? There is one obvious explanation: to drive down
prices, adding to his short selling profits, and contributing to
the profits of his short selling friends.
It is reasonable to speculate that Madoff’s market making
operation derived business from executing manipulative naked short
sales for unscrupulous hedge funds. After all, remember, the
SEC’s so-called “Madoff Exemption” allowed market
makers, such as Madoff, to engage in naked short selling. Madoff
had a reason for helping write this SEC loophole that bears his
name. Perhaps he knew that the loophole would allow him to help
high-paying hedge funds create married puts – the phantom
stock “bullets” that market makers and hedge funds have
used to obliterate stocks.
Consider also that Madoff’s prosecutors note in their case
that Madoff funneled at least $250 million from his investment fund
to his market making division. I can think of only three reasons
for his doing so:
- the money was used to buy securities — trades that
weren’t executed, according to the press; or phantom stock,
according to our source;
- the money came from hedge funds who, far from being victims,
were paying off the market maker for helping them generate phantom
stock; or
- the money was used to buy stock that Madoff used to cover some
of his open naked short positions.
The authorities have been rather slow to provide details of
Madoff’s fraud, but there is other evidence to consider. For
example, Madoff’s secretary recently wrote in Vanity Fair
magazine that Madoff’s stock loan operations (the division of
his brokerage responsible for locating and borrowing shares to be
sold short – or, more likely, responsible for not
really locating or borrowing those shares) — was
segregated in an area that Madoff called “the cage”
– on the 17th floor of the Lipstick building.
Stock loan operations are integral parts of brokerage
businesses. One would normally expect Madoff’s stock loan
operations to be housed in his brokerage. But Madoff’s
brokerage business was on the 14th floor of the Lipstick building,
separate from “the cage” on the 17th floor, which was
home to Madoff’s “Ponzi” fund management
business.
Multiple reports (including a recent story in Fortune magazine)
state that Madoff was maniacally secretive about the activities on
the 17th floor, and kept the employees who worked there strictly
isolated from visitors and other employees. This is because the
17th floor was the heart of Madoff’s criminal enterprise. The
secretary’s information seems to indicate that this criminal
enterprise involved both the fund management business and the stock
loan cage (i.e. the division that helped manufacture phantom stock
by not actually borrowing shares that were sold short).
As for Madoff’s “victims,” it is clear that
some of his investors and “feeders” were to a
significant extent participants in his fraud. As Madoff’s
chief lieutenant, Frank DiPascali, seems prepared to testify,
Madoff conspired with a few “special” clients to alter
the returns that they received on their
“investments.” However much the
“special” clients wanted to earn in a given month,
Madoff would give it to them.
DiPascali identified one particularly “special”
client: Jeffry Picower, who seems to have netted around
$5 billion from the Madoff scam. Picower gained some renown in the
1980s. At the time, nobody had any idea who he was or where he got
his money. He was a big mystery.
Then, one day, it was learned that he was the single largest
limited partner in the arbitrage fund run by Ivan Boesky, who was
later jailed for being a principal co-conspirator in the stock
manipulation frauds of a famous criminal.
That famous criminal is now a
“prominent philanthropist,” too. And his name is
Michael Milken.
* * * * * * * *
By most accounts, Madoff had just a few key
“feeders”– hedge funds and individuals who raised
money to “feed” his $50 billion Ponzi scheme. For
some time, the press suggested that these “feeders”
were “victims” of Madoff’s fraud, but in an
increasing number of cases, authorities are suggesting
otherwise.
A lawsuit filed by the State of Massachusetts against
“feeder” fund Fairfield Greenwich makes it clear (by
supplying copious transcripts of phone conversations, etc.) that
Fairfield had more than an inkling of what was going on in
Madoff’s shop. And on June 22, 2009, the Securities and
Exchange Commission charged several Madoff “feeders”
with securities fraud related to their participation in the Madoff
Ponzi. One of those charged was Robert Jaffe, who was also a
partner with Madoff in a brokerage called Cohmad Securities.
Earlier in his career, Jaffe was found to be running money for the
Anguilo brothers, the Boston dons of the Genovese Mafia family.
Madoff’s other key “feeders” have not yet been
charged with wrong-doing. Perhaps, they will never be charged. But
it is interesting to note that a number of them were close
associates of a famous criminal and “prominent
philanthropist” named Michael Milken.
One of the most important Madoff “feeders” was Rene
Thierry Magon de La Villehuchet, a French aristocrat who worked on
deals in the 1980s with Drexel Burnham Lambert, which was the
headquarters of Milken’s junk bond and stock manipulation
empire. During this time, Monsieur Rene Thierry Magon de La
Villehuchet came to know not just Milken, but also Leon Black, who
was the head of Drexel’s mergers and acquisitions
department.
Most every account of those days suggests that Black was
Milken’s closest ally at Drexel. Black argued vehemently that
Drexel should not cooperate with Milken’s prosecutors and he
defended Milken to the end. Today, there are few people closer to
Milken than Leon Black.
After Milken’s crimes bankrupted Drexel, Black joined
forces with Monsieur Rene Thierry Magon de La Villehuchet to launch
an investment fund called Apollo Management. As you will recall, a
certain Apollo Medical was one of the ten hedge funds that owned
large numbers of put options in Dendreon. I have not yet been able
to determine whether Apollo Management is affiliated with Apollo
Medical. Neither Black nor Apollo Medical manager Brandon Fradd
returned my phone calls seeking comment.
But we do know that Monsieur Rene Thierry Magon de La
Villehuchet provided the initial capital to Leon Black’s
Apollo Management. And in its early years, the French aristocrat
was Apollo’s biggest fundraiser. Indeed, it is correct to say
that in addition to being one of Madoff’s most important
“feeders,” Monsieur Rene Thierry Magon de La
Villehuchet was Milken crony Leon Black’s single most
important business partner.
Unfortunately, in December 2008, soon after the Mafia-connected
Madoff turned himself in to the authorities, Monsieur Rene Thierry
Magon de La Villehuchet was found in his Madison Avenue office
– dead.
They said it was a suicide.
* * * * * * * *
Another of Madoff’s most important “feeders”
was J. Ezra Merkin, who managed the Ariel Fund, which seems to have
been designed specifically to raise money for Madoff’s
fraudulent investment business. In this regard, the New York
attorney general has described “Merkin’s deceit,
recklessness, and breaches of fiduciary duty…”
While Merkin was “deceitfully” feeding the Madoff
Ponzi, he was also a co-owner, along with Steve Feinberg, of
Cerberus Capital Management, a fund named after the mythological
three-headed dog that guards the gates of Hell.
Previously, Feinberg was a top trader for Michael Milken at
Drexel Burnham Lambert. After Drexel, Mr. Feinberg moved (on
Milken’s recommendation) to a brokerage called Gruntal &
Company.
Gruntal owed its existence to the generous junk bond finance
that its parent company, the Home Group, received from Michael
Milken. Its options department was founded by Carl Icahn, who later
became a “prominent” billionaire owing to the junk bond
finance that he received from Michael Milken.
When Icahn left Gruntal, he was replaced by a Milken crony named
Ron Aizer, who proceeded, on the recommendation of Milken, to hire
two traders.
The first trader hired by Aizer was, according to a reliable
source, investigated by the SEC for trading on inside information
that he received from Milken’s operation at Drexel Burnham
Lambert. This trader is now a “prominent” billionaire
and the manager of a well-known hedge fund. The second trader hired
by Aizer is now also a “prominent” hedge fund manager,
though he is not quite a billionaire. Both of these traders play
important roles in the story of Dendreon. Carl Icahn, the founder
of Gruntal’s options department, has a cameo role, too.
So I will return to all three –
the two former Gruntal traders and Icahn – in upcoming
chapters.
* * * * * * * *
I know people who used to work at Gruntal. They are honest
people who have gone beyond the call of duty to contribute to
Deep Capture’s reporting. They also confirm that
Gruntal’s New York operation (as opposed to some of its
offices in other states) was among the more disreputable brokerages
in America. As Fortune magazine once put it, Gruntal was firmly
situated on the “shabby side of the Street.”
Gruntal’s senior vice president, Maurice B. Gross, was
found to be running money for Thomas Gambino, a capo in the Gambino
Mafia family. Another New York Gruntal trader, Samuel Israel III,
later launched his own hedge fund, and in 2008, it emerged that
this hedge fund was the largest Ponzi scheme in history. Israel was
charged on multiple counts of fraud, and briefly faked his own
suicide before handing himself over to the authorities.
Soon after, the Mafia-connected Bernard Madoff admitted to
running a $50 billion Ponzi scheme, so Israel’s Ponzi scheme
was no longer the largest in history. It was the second largest.
The third largest Ponzi scheme, remember, was orchestrated by Reed
Slatkin, the criminal who was a limited partner in Apollo
Management, which was one of those ten hedge funds that owned large
numbers of put options in Dendreon.
It has been reported that Israel ran
his Ponzi scheme with help from “feeders” who had ties
to the Genovese Mafia family. So it is perhaps noteworthy that
after he left Gruntal, and before he started his own criminal
operation, Israel worked for JGM Management, a hedge fund owned by
“prominent” investor Michael Steinhardt. As Steinhardt
belatedly admitted a few years ago, his father, Sol
“Red” Steinhardt, once worked for the Genovese Mafia
family. Steinhardt Sr. spent a number of years in Sing-Sing prison
after a New York state prosecutor pegged him as the “biggest
Mafia fence in America.”
* * * * * * * *
The key limited partners in Steinhardt Jr.’s first hedge
fund, Steinhardt Partners, were the Genovese Mafia family, Ivan
Boesky, Marc Rich, and Marty Peretz.
Ivan Boesky, was, of course, the famous co-conspirator in many
of Michael Milken’s stock manipulation schemes. As noted,
Boesky’s biggest investor and limited partner was Jeffry
Picower, the mysterious “special” client of the
Mafia-connected Bernard Madoff — who authored one of the
SEC’s naked short selling loopholes, orchestrated the largest
Ponzi scheme in history, and held 180,000 put options in
Dendreon.
Steinhardt’s other key limited partner, Marc Rich, was
eventually indicted for tax evasion and trading with Iran and
Libya. He fled to Switzerland, where he has ever since lived as a
fugitive from U.S. law. Rich later received a pardon from Bill
Clinton for some of his crimes, but he remains in Switzerland, from
where he now runs a securities and commodities trading empire.
According to the Vanity Fair article written by Bernard
Madoff’s secretary, Rich was one of the last people with whom
Madoff met before handing himself over to the FBI. Given that Rich
avoids travel to the U.S. for fear of certain arrest (for those
crimes not covered by Bill Clinton’s generous pardon),
it would appear that Madoff, in the days immediately preceding
turning himself over to U.S. law enforcement, made time to visit
Rich in Europe. Apparently, before going away for what he likely
knew would be the rest of his life, Bernie Madoff had something
vitally important to discuss with Rich.
Steinhardt’s third key limited partner, Marty Peretz, was
later a co-founder, along with CNBC’s Jim Cramer and a
certain hedge fund (which I will soon name), of TheStreet.com, a
financial news website. Cramer, a former hedge fund manager, once
planned to run his business out of the offices of Milken
co-conspirator Ivan Boesky. When Boesky was indicted, Cramer
instead ran his hedge fund out of the offices of Michael
Steinhardt.
A lot of names have been thrown at the
reader. But stick with me, for I think you will come to see that
these relationships matter. And I think you will come to agree that
most of these people –Bernard Madoff, those two Gruntal
traders (whom I will soon name), Jim Cramer, Michael Steinhardt,
Carl Icahn, Marty Peretz, that hedge fund manager who co-founded
TheStreet.com, Michael Milken, and some folks who are tied to the
Mafia – deserve prominent mention in the story of
Dendreon.
* * * * * * * *
So, again, as far as we can ascertain from public records, there
were ten hedge fund managers on the planet who were betting heavily
against Dendreon as of March 31, 2007, shortly after the FDA
advisory panel put Provenge on the fast track to approval, and
during the time that Dendreon was under an unprecedented,
illegal naked short selling attack, and right before
Dendreon would be derailed by some strange occurrences. Seven of
those ten hedge fund managers are quite “colorful,” all
are part of the same network, and one of them was Bernard
Madoff.
The second of the seven “colorful” hedge fund
managers was…as a prelude to introducing the second
“colorful” hedge fund manager, it helps to understand
some things about a man named Felix Sater, who is alleged (by a
former business partner and other reports) to be affiliated with
the world’s most murderous organized crime outfit – the
Russian Mafia.
In the early 1990s, Sater (who has since changed the spelling of
his name to Satter) was charged with aggravated assault after he
stabbed a fellow broker in the face with the broken stem of a wine
glass. Soon after, he founded, along with a man named Salvatore
Lauria, a brokerage called White Rock Partners.
Lauria had previously worked as a trader for Gruntal &
Company, the brokerage that owed its existence to generous junk
bond financing from Michael Milken – the same brokerage whose
options department was founded by Milken crony Carl Icahn, later
replaced by Milken crony Ron Aizer, who quickly hired two Milken
cronies, both of whom, we will see, figure prominently in the story
of Dendreon.
In the mid-1990s, several of Gruntal’s top managers were
accused of embezzling millions of dollars. The managers were
indicted and Gruntal agreed to pay $6.5 million in fines –
one of the stiffest penalties that had ever been levied by the
Securities and Exchange Commission. Around this time, many of
Gruntal’s traders moved to White Rock Partners, the firm run
by Salvatore Lauria and Felix Sater. According to Lauria, former
Gruntal employees accounted for much of White Rock’s staff,
and became White Rock’s top-earning traders.
This information can be found in a book called “The
Scorpion and the Frog,” which was co-authored by Salvatore
Lauria himself. Also in this book, Lauria states that Sater –
to whom Lauria gives a pseudonym, “Lex Tersa” –
is the son of a high level boss in the Russian Mafia. The name of
Sater’s father is Mikhail Sater.
Lauria also writes about the time when he believed that Felix
Sater might murder a man named Alain Chalem, who was the boss of
Toluca Pacific, a Mafia-controlled brokerage that was then one of
the most notorious naked short selling outfits on the Street.
Toluca and White Rock and previously worked together, but Sater was
angry that Chalem had begun to sell short a stock that Sater was
trying to pump.
Fortunately, says Lauria, Sater didn’t end up killing
Chalem.
But not long after, several men arrived at Chalem’s New
Jersey mansion. The men told Chalem to kneel down on the floor.
Then the men fired several rounds of bullets – one bullet
into Chalem’s chest, one bullet into Chalem’s forehead,
one into Chalem’s face, and a number of bullets into each of
Chalem’s ears. According to a man who was with Chalem just
hours before his death, the murder was the work of the Russian
Mafia.
And it involved a dispute over naked
short selling.
* * * * * * * *
In the late 1990s, the FBI launched Operation Uptick, which
resulted in the arrest of more than 120 Wall Street stock
manipulators linked to organized crime – the biggest Mafia
bust in FBI history. That effort led to other operations and many
more cases that collectively came to be known at the FBI as the
“Mob on Wall Street” campaign. In one such case,
prosecutors charged that Felix Sater’s White Rock Partners
was tied to Russian mobsters and the Italian Mafia and had engaged
in multiple stock manipulation schemes.
According to the prosecution’s case (in which Sater was
named as an “unindicted co-conspirator”), the Mafia
thugs who worked with White Rock included Frank Coppa, who was a
capo in the Bonanno Mafia family; Edward Garafola, a soldier in the
Gambino Mafia family; and Ernest Montevecchi, a soldier for the
Genovese Mafia family. The prosecutors described White Rock as
employing threats of physical violence and other forms of
thuggery.
Nowadays, Sater is the behind-the-scenes owner of the Bayrock
Group, a real estate development company. Among his 11 partners in
this venture are a number of investment fund managers who are
tied to Michael Milken. Most notable of Sater’s business
partners is Apollo Real Estate Advisors, which is run by Leon
Black.
As you will recall, Black was Milken’s closest ally at
Drexel Burnham Lambert, and started Apollo Management with
considerable help from Monsieur Rene Thierry Magon de La
Villehuchet, who was one of the most important
“feeders” to the Ponzi scheme run by the
Mafia-connected Bernard Madoff (who authored the SEC’s naked
short selling loophole and owned 180,000 put options in
Dendreon).
In 2005, Deep Capture reporter Patrick Byrne began a
crusade against the crime of naked short selling. A few months
later, while working as an editor for the Columbia Journalism
Review, I began work on a story about the naked short selling
scandal, and started asking a lot of questions about the ties that
bind various hedge funds to Michael Milken and his famous
co-conspirator, Ivan Boesky.
In the fall of 2006, I received several threats and was once
ambushed by three men, punched out, deposited on my doorstep, and
told to stay away from Patrick Byrne. Soon after, Deep
Capture reporter Patrick Byrne met with an off-shore
businessman who had once worked in the world of Mafia-controlled
brokerages, but had since reformed himself and begun to help with
our investigation.
This businessman told Patrick that he had received a message.
And the message was that the Russian Mafia was going to murder
Patrick, and possibly those close to him, if Patrick did not end
his crusade against naked short selling.
According to the off-shore
businessman, this threat was conveyed by Felix Sater –
alleged son of a top Russian Mob boss; former co-owner of the
Mafia-infested White Rock Partners; and business partner of Michael
Milken’s closest crony, Leon Black.
* * * * * * * *
In their case against Felix Sater’s White Rock Partners,
prosecutors noted that the firm not only employed threats and had
ties to the Mafia, but also manipulated stocks in close cooperation
with other Mafia-affiliated brokerages. According to the
prosecutors, White Rock was tied directly to two specific
Mafia-affiliated brokerages – A.R. Baron and D.H. Blair.
Again, I apologize for throwing so many names at the reader, but
it is worth remembering this name: D.H. Blair.
D.H. Blair was perhaps the dirtiest operator on Wall Street. In
various indictments and investigations, the SEC and the U.S.
Attorney’s Office in Manhattan determined that D.H. Blair was
at the center of a network of Mafia-affiliated brokerages that
included not only Felix Sater’s White Rock Partners, but also
Toluca Pacific (the brokerage run by the naked short seller who had
bullets shot into both of his ears) and notorious Mafia outfits
such as A.S. Goldmen, J.W. Barclay, F.N. Wolf, Stratton Oakmont,
Parliament Hill Capital, J.T. Moran, and R.H. Damon.
The founder of D.H. Blair was a man named J. Morton Davis. In
his heyday, Davis was known as a “prominent” investor
and the “king of penny stocks.” He has yet to be
convicted of a crime. But given the subsequent revelations about
his firm, it is not surprising that some people now call him the
“king of stock fraud.” D.H. Blair was eventually
indicted on 173 counts of securities fraud.
Until 1995, the president of D.H. Blair was a man named Richard
A. Maio. Prior to joining the Mafia-affiliated D.H. Blair, Maio was
a top employee of Michael Milken, the famous criminal and future
“philanthropist.” Maio’s deputy at D.H. Blair,
Eric Siber, was also a former employee of Milken. At various times
both Maio and Siber had been national sales managers for
Milken’s operation at Drexel Burnham Lambert.
In 1998, as the FBI was closing in, D.H. Blair went out of
business. In 2000, not only was the firm itself indicted on 173
counts, but some of its top executives pled guilty to additional
counts of securities fraud. These included two D.H. Blair vice
chairmen — Alan Stahler and Kalman Renov — both of whom
were sons-in-law of Davis, the founder.
But by then, the Milken boys had scooted. Another top executive
of D.H. Blair also avoided prosecution. His name was Lindsay
Rosenwald.
Rosenwald was the third son-in-law of D.H. Blair’s
founder, J. Morton Davis – the so-called “king of stock
fraud.”
Rosenwald was also the third vice chairman and director of
finance of D.H. Blair – that is, the third vice chairman of
the dirtiest Mafia-affiliated brokerage on Wall Street.
And in March 2007, Rosenwald was the
second of those seven “colorful” fund managers
who were positioned to profit from the demise of Dendreon, a little
company with a promising treatment for prostate cancer.
* * * * * * * *
Lindsay Rosenwald may be the son-in-law of “the king of
stock fraud.” And he was once the vice chairman of D.H.
Blair, a firm affiliated with the Mafia – a firm that was run
by two former top lieutenants of Michael Milken before it found
itself at the center of one of the biggest Mafia investigations in
the history of the FBI and on the business end of a 173-count
federal indictment.
But never mind — Mr. Rosenwald is now a “prominent
investor.” In fact, he is not just a “prominent
investor”— he is one of America’s biggest biotech
investors, if not the biggest biotech investor.
D.H. Blair was known for investing in biotech companies, pumping
their stocks, and then short selling them out of existence. Many of
those companies were frauds that were nowhere close to producing
any medicines.
Rosenwald is more sophisticated. He invests in companies that
have real scientists experimenting with real drugs. But in an
overwhelming number of cases, these companies prove to have nothing
to bring to market. The companies churn out lots of press releases
heralding medical breakthroughs, and their stock prices soar. But
ultimately they announce that, in fact, their experiments have
failed. By the time the bad news hits, Rosenwald will typically
have sold all of his stock.
While Rosenwald promotes medical companies that are nowhere near
delivering real medicines, hedge funds affiliated with Rosenwald
sometimes bet heavily against competing companies that do
have medicines. The hope seems to be that the demise of competing
companies with promising treatments will increase the market value
of Rosenwald’s not-so-promising companies.
That may partly explain Dendreon’s tribulations.
With the exception of big pharma, there are only a few biotech
firms that have received significant publicity for developing
treatments for prostate cancer. One of these companies, Cougar
Biotechnology, was, until last month, controlled by this Lindsay
Rosenwald, who aside from running D.H. Blair in cahoots with people
tied to the Mafia and Milken’s former national sales
managers, is also a close friend of Milken himself. While Rosenwald
was in control, Cougar Biotechnology’s scientific advisory
board also included four individuals affiliated with Milken’s
Prostate Cancer Foundation – Dr. Eric Small, Dr. Michael
Carducci, Dr. Philip Kantoff, and Dr. Howard Scher.
Cougar’s prostate cancer treatment was and is in the early
stages of development. It is nowhere close to receiving FDA
approval. I believe that the scientists and doctors whom Cougar
hired to conduct trials into its treatment are earnest about their
work. But judging from Rosenwald’s record, it is possible
that Cougar’s business model was not to bring a treatment to
market – but rather to exaggerate the importance of data
obtained in trials, pump the stock, then sell before the trials
proved that the drug did not work.
This plan would benefit from forming a scientific advisory board
comprised, with help from Milken’s
“philanthropy,” of illustrious medical scientists who
might not understand how the stock market game is played.
In any case, Cougar has been promoted (by Milken’s
Prostate Cancer Foundation and Cougar) as having a treatment that
is a preferred alternative to Dendreon’s. Any Dendreon
achievement would negatively affect Cougar’s stock price.
Which might explain why a Rosenwald-affiliated hedge fund mauled
Dendreon in the days before and after the FDA’s advisory
panel voted that Dendreon’s promising treatment should be
administered to patients.
As of the end of March, 2007, a hedge fund called Perceptive
Advisors held more than 600,000 put options in Dendreon. Perceptive
Advisors is run by a man named Joseph Edelman. As of 2008, Edelman
was still identifying himself (when donating to political
campaigns, for example) as an employee of Paramount Capital, which
was founded by Rosenwald. To summarize: Lindsay Rosenwald founded
Paramount Capital, which had an employee named Joseph Edelman, who
was simultaneously managing Perceptive Advisors, so we can
reasonably surmise that Perceptive Advisors is an adjunct of
the Rosenwald biotech trading empire.
SEC filings show that at the end of March, 2007, Perceptive
Advisors held not just puts, but he also held call options on a
whopping 6.2 million shares of Dendreon. Call options are
usually a bet that a stock will increase in value. But don’t
let this fool you.
According to brokers familiar with his strategy, Edelman worked
like this: He bought massive numbers of call options at rock-bottom
strike prices. When Dendreon’s stock began to soar in value,
Edelman exercised the calls, at which point his broker had to sell
him an equally massive number of shares at the rock bottom price.
These Edelman would quickly dump, flooding the market with massive
selling volume and putting downward pressure on the stock.
Meanwhile, according to the brokers, Edelman sold short massive
amounts of Dendreon’s stock, profiting from all the selling
volume.
I called Edelman and asked him if he was short selling Dendreon
while flooding the market with stock from his call options. He did
not deny that he was short selling the company, but he hung up on
me before I could ask any more questions.
In any case, the strategy I describe above is technically legal.
It’s legal so long as Edelman was not colluding with other
hedge fund managers, all of whom happened to be generating massive
selling volume at precisely the same time. And it’s legal as
long as he was not engaged in naked short selling, or,
equivalently, conspiring with a market maker to create married puts
to synthesize those phantom stock “bullets” that
unscrupulous hedge funds spray into the market to drive down stock
prices.
As to whether Edelman was in fact either directly naked short
selling, or indirectly generating phantom stock by colluding with
his option market maker, the brokers are staying mum. The SEC is
unlikely to say much either.
As far as the SEC is concerned,
remember, illegal naked short selling is a big secret – a
“proprietary trading strategy.