When the FDA’s advisory panel voted in favor of Provenge,
most Wall Street research analysts were predicting a bright future
for Dendreon. But as naked short sellers piled on with ever
increasing gusto, hedge fund managers continued to whisper in
reporters’ ears. And two Wall Street analysts did more than
whisper – they shouted, day after day, that Dendreon’s
treatment for prostate cancer was doomed.
One of these analysts is named Jonathan Aschoff, and he works
for a financial research outfit called Brean Murray Carret &
Co. The day after the advisory panel vote,
in an interview with Reuters, Aschoff made the long-shot
prediction that the FDA would not approve Provenge, but would
instead ask Dendreon to supply additional data showing that the
treatment was safe and effective–a process that could take
years. Soon after, Aschoff told
other media
outlets that the FDA would set a “dangerous double
standard” by approving Provenge because the treatment
“did not meet its primary goal in two Phase III
trials.”
During the first days of April 2007, Aschoff was everywhere,
continuously repeating this notion that the FDA would set a
“dangerous double standard” by approving
Provenge. On April 9, Aschoff reiterated his
“sell” rating for Dendreon, setting a target for the
stock at a mere $1.50, which implied that the stock would lose more
than 90 percent of its value by the end of the year. Reuters,
Associated Press, CNBC and other media dutifully reported
Aschoff’s comments as though they shed light on the
merits of Dendreon’s prostate cancer treatment.
Aschoff’s performance raises a few basic questions. The
first is, how did a Wall Street analyst know that it would be
“dangerous” to approve a medical treatment? It is an
odd day, indeed, when the media turns to Wall Street for wisdom on
matters of science and health.
The second question is, why was Aschoff so confident that the
FDA would not approve Provenge? Given that the FDA had followed its
advisory panels’ decisions in 97% of cases, and in 100% of
cases involving drugs for dying patients, Aschoff’s
prediction seemed rather far out. What did he know that the rest of
the world did not know?
The third question is, who is Jonathan
Aschoff?
* * * * * * * *
In 2003 – back when journalists still occasionally
investigated stories, rather than parroting whatever hedge funds
and Wall Street analysts whispered in their ears – The Wall
Street Journal won a Pulitzer Prize for a story that nailed
Jonathan Aschoff for being a fraud.
According to the Journal, Aschoff often impersonated doctors in
order to acquire inside information on the status of drug trials
underway at his target companies. A certain Dr. Cunningham, who
worked at a cancer center in Dallas, told the Journal that he
initially believed that Aschoff was a doctor. But he discovered
that he was dealing with a fraud when he mentioned to Aschoff that
an experimental treatment had caused some reduction of the
“lymphadenopathy.”
“What’s that?” asked Aschoff. He
didn’t have a clue, even though “lymphadenopathy”
is a common medical term. It means, “swollen lymph
nodes.”
Nonetheless, some years later, the Associated Press, Reuters,
and other media outfits were willing to believe that Aschoff knew
enough about medicine to be quoted as a reliable source – a
source who had, for some reason, concluded that Dendreon’s
treatment for prostate cancer was “dangerous.”
What reason did Aschoff have for
reaching that conclusion?
* * * * * * * *
One more question: Which hedge funds were paying Aschoff’s
bills?
There is one particular network of hedge fund managers that is
known to pay “independent” financial research shops to
publish biased or false negative reports on companies that they are
selling short.
Former employees of “independent” financial research
firm Gradient Analytics have provided
sworn
affidavits
that hedge fund manager David Rocker–once the largest outside
shareholder of TheStreet.com; former employee of
Milken-Boesky crony Michael Steinhardt (who is the son of
“the biggest Mafia fence in America) and Steve
Cohen–now “the most powerful trader on Wall
Street;” reportedly once investigated by the SEC for trading
on inside information provided to him by Milken’s shop Drexel
Burnham–heavily influenced, edited, dictated, and in some
cases actually wrote Gradient’s false, negative
research about public companies. That means, of course, that Cohen
and Rocker had copies of “Gradient’s” research
before it was published, which is also highly improper.
And
emails acquired by Deep Capture show that Cohen and
hedge fund manager Jim Chanos, among others in their network,
received and traded ahead of biased reports published by a research
outfit called Morgan Keegan. After Deep Capture reporter
Judd Bagley broke this story, the SEC began (but will probably
never conclude) an investigation
into the matter.
Were hedge funds in this network dictating Aschoff’s
research, too? I don’t know the answer to that question, but
it is worth noting that after the SEC sanctioned Aschoff for
impersonating doctors, he
went to work for an outfit called Sturza’s Institutional
Research, which was owned by a fellow named Evan Sturza.
The SEC has launched (but of course never completed) multiple
investigations of Sturza’s companies, which catered to a
particular network of short sellers by publishing negative
commentary on biotech companies. For example, in 1996, the SEC
began (but has never completed) an investigation
into whether Sturza conspired with the above-mentioned Michael
Steinhardt and a firm called Gilford Securities to take down
the stock of a biotech company called Organogenesis.
In the 1980s, Gilford Securities employed Jim Chanos
(the above-mentioned fellow who is now under SEC investigation for
trading ahead of biased research reports). Chanos manages a few
hedge funds, the most famous of which is called Kynikos Associates.
He is also the head of the short seller lobby in Washington, and a
much favored source of information for the New York financial
press.
In 1985 – back when Chanos was still at Gilford; back when
journalists did investigations rather than parrot whatever Jim
Chanos whispered in their ears – way back then is when The
Wall Street Journal
published a front page story about a “network” of
short sellers said to include Jim Chanos and Michael Steinhardt.
The story suggested that this network destroyed public companies
for profit and described some of the more egregious tactics –
espionage; impersonating journalists to get inside information;
conspiring to cut off companies’ access to credit; spreading
dubious information – that were employed by Chanos and others
in his network.
At the time, Chanos made some effort to publicly distance
himself from Michael Milken. And he recently told
one reporter that lawyers threatened him in the 1980s because
he was selling short companies that had been financed by
Milken’s junk bonds. However, the truth is that
Chanos’s short selling in the 1980s tended to support
Milken’s machinations, and in later years Chanos remained
very much a part of the old Milken network.
Chanos got his big break in the 1980s by short selling and
ultimately destroying a company called Baldwin United. As part of
this effort, Chanos and his colleagues at Gilford Securities went
so far as to meet with Baldwin United’s bankers, and (through
all manner of horror stories) convinced the bankers to cut off
Baldwin’s access to credit. Soon enough, the company went
bankrupt, and Michael Milken quickly got himself hired as advisor
to the bankruptcy.
According to a well-known businessman who was involved in the
bankruptcy proceedings, Milken abused his advisory position,
handing out confidential information to his network, which ended up
owning much of Baldwin’s assets.
As the story goes, Chanos’s take down of Baldwin
impressed Michael Steinhardt (the short-seller whose father was
the “biggest Mafia fence in America”) and Steinhardt
introduced Chanos to his key limited partners – including
Ivan Boesky (later indicted for manipulating stocks with Milken)
and Marty Peretz (a Milken and Boesky crony who would later
co-found TheStreet.com, along with Boesky crony Jim Cramer and a
few hedge funds in this network).
Peretz, an aristocrat who has long been a part-time professor at
Harvard, introduced Chanos to one of his former students, Dirk
Ziff, who manages a hedge fund called Ziff Brothers Investments.
The emails cited above show that Ziff Brothers, like Chanos and
Steve Cohen, was receiving advance copies of those Morgan Keegan
reports.
Dirk Ziff is part of the network of which I write. Indeed,
Chanos launched his first hedge fund out of Dirk
Ziff’s offices. This was a few years after Chanos left
his position at Gilford Securities, which had a few key clients,
one of whom was Michael Steinhardt, son of “the biggest Mafia
fence in America.”
In the 1990s, five Gilford Securities traders–Chester
Chicosky, Todd M. Nejaime, Lawrence Choiniere, Kevin P. Radigan,
and William P. Burke – were arrested as part of Operation
Uptick, the biggest Mafia bust in FBI history. Although some of
these traders had left Gilford by the time they were
indicted, they were charged with crimes allegedly committed
while they were still
working for Gilford. Specifically, the
Gilford traders were charged with accepting bribes from a
Mob-run brokerage called DMN Capital, and for helping to manipulate
stocks with a cast of characters that included ten Mafia soldiers
and a former New York police detective.
I asked H. Robert Holmes, who was Chanos’s boss at
Gilford, whether he had any comment on the Mafia’s
infiltration of his firm. He said, “I don’t know what
you’re talking about? This is bullshit.” He also said
he was completely unaware that any Gilford traders had been
arrested for accepting bribes and manipulating stocks with a large
cast of Mafia goons and Mafia associates. That is, he claimed to be
unaware of an event in his company that had been
vigorously publicized by the FBI and the SEC.
By the time of Operation Uptick, of course, Chanos was no longer
with Gilford. He was then a “prominent investor”
– a member of the world’s most powerful network of
financial operators, a network whose members are portrayed by the
press as geniuses and heroes, never mind that this is the very
network that has been destroying companies since 1980s – the
very network that is (as should by now be apparent) comprised of
the criminal mastermind Michael Milken and his Mafia-connected
cronies.
As a member of this network, Chanos is, of course, on close
terms with Jim Cramer, the CNBC personality who once planned to run
his hedge fund out of Milken co-conspirator Ivan Boesky’s
offices. It was owing to Cramer that Chanos became the largest
donor to the political campaigns of New York Governor Eliot
Spitzer, who was Cramer’s best friend and
former college roommate. When Spitzer was caught with a hooker
and forced to resign, it emerged that the hooker, “Ashlee
Dupre”, had been
living rent-free in Chanos’s beachside villa. Ashlee
called Chanos “Uncle Jim.”
I tell you all this only to show the relationships that bind
some particularly destructive short sellers and miscreants. It is
this network that attacked the big banks last year, helping trigger
the collapse of the financial system. And members of this network
are the most “prominent” players in the biotech
space.
One of those players is Jonathan Aschoff, the
doctor-impersonating fraud who was, in the Spring of 2007, making
the long-shot prediction that the FDA would not approve
Dendreon’s “dangerous” treatment for prostate
cancer. As we know, Aschoff previously worked for Sturza’s
Institutional Research, run by a fellow who faced multiple SEC
investigations (none of which led to any action) for allegedly
publishing false information to help short sellers (such as Michael
Steinhardt) manipulate stocks.
Under the strain of those investigations, Sturza shut his
operation down. Now Sturza
helps manage a hedge fund called Ursus. Ursus is owned
by Jim Chanos, the Steinhardt protégé who housed
the hooker of Cramer’s former college roommate, Eliot
Spitzer.
Ursus specializes in shorting biotech stocks. There are Wall
Street brokers who say that Ursus was short selling Dendreon while
Sturza’s disciple, Jonathan Aschoff, was bashing the company
and others in this network were looking to cash in.
But it is difficult to know for sure whether Ursus was selling
short. It is difficult to know who was responsible for flooding the
market with at least 9 million (and maybe tens of millions of)
phantom Dendreon shares. It is difficult to know because the SEC
does not require hedge funds to disclose their short positions, and
does not release information on who is selling stock and failing to
deliver it.
As far as the SEC is concerned, it’s all a big secret.
But we do know that Aschoff was predicting that Dendreon’s
stock would sink to $1.50 right after Dendreon received an
overwhelmingly positive vote from the FDA’s advisory panel,
and right before Dendreon was derailed by some singularly strange
occurrences. In addition, we know that at this time only ten hedge
funds on the planet held large numbers of Dendreon put options
(bets against the company), and that at least seven of those hedge
funds can be tied to the famous criminal Michael Milken or his
close associates.
Michael Milken, of course, is not just
a criminal, but also a “prominent philanthropist” whose
Prostate Cancer Foundation has received much acclaim from the world
at large. But, as we will see, it was not just those seven hedge
funds, but Michael Milken himself, who stood to earn a tidy profit
from the strange occurrences that were to derail Dendreon, a
company with a promising treatment for prostate cancer.
* * * * * * * *
This is part 6 of a 15-part series.
The remaining installments will appear on Deep Capture over the
next several weeks, after which point the story will be published
in its entirety at DeepCapture.com. 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