It is easy for executives of public companies to know that they
are “battleground” targets of the Milken network
because the members of this network have quite distinctive
characteristics. Whether they be journalists tied to Cramer,
financial analysts, or hedge fund managers, they are unusual among
financial professionals in that they take overt pride in their
thuggish manner.
They let it be known that the executives are in their sights,
and sometimes issue outright threats. They let on that they have
inside information, influence, and power – and that
unforeseen calamities can happen. (This may have what
economists call a “signaling effect,” dissuading
potential investors from purchasing a stock, even if they believe
in the fundamentals of the company.)
Often members of this network will join companies’
quarterly conference calls, and take turns firing off insinuating
and preposterous questions in staccato fashion, giving the targets
of their interrogations no opportunity to formulate reasonable
replies.
So it was in March of 2007, when Dendreon held a conference call
to discuss the FDA advisory panel’s recent vote in favor of
Provenge. Nearly every analyst on the call was cheered by the news
that the prostate cancer treatment would reach patients. Most of
these analysts were advising clients that Dendreon’s stock
would hit at least $20 (compared to the $1.50 target set by the
doctor-impersonating financial analyst, Jonathan Aschoff).
Here is a representative sample of analysts who participated in
the conference call, along with quotations showing how they greeted
Dendreon CEO Mitchell Gold, and how they signed off.
Charles Duncan – JMP Securities
Greeting: “A big congratulations!”
Singing off: “Congrats Again.”
David Miller – Biotech Stock Research
Greeting: “Good evening. Warm congratulations.”
Signing off: “Congratulations to everybody on the
team.”
Mark Monane – Needham & Company
Greeting: “Good day and congratulations to all.”
Signing off: “Congratulations once again.”
William Ho – Bank of America
Greeting: “Congratulations”
Signing off: “Okay”
Paul Latta – McAdams, Wright &
Regan
Greeting: “Good evening & congratulations, Mitch, a
great accomplishment for you and your team.”
Singing off: “Congratulations again.”
But then a financial analyst named Elliot Favus appeared on the
conference call. Favus worked for Lazard Capital, and announced
that he was sitting in for Joel Sendek, who usually covered
Dendreon for Lazard. Favus launched into a series of aggressive
questions, suggesting that the FDA advisory panel had been a sham,
and that the FDA would not approve Dendreon’s prostate cancer
treatment.
Then Joel Sendek, Elliot’s colleague at Lazard, got on the
call and initiated a similar interrogation. He kept asking whether
the FDA advisory panel had asked the “right question”
about the effectiveness of Provenge. When Dendreon’s CEO
tried to answer, Sendek interrupted and asked again – Did the
panel ask the “right question”? The baffled
answer was, “Yes.” But Sendek kept asking. Do you
think it was the “right question”? Do you think the FDA
will have to “change the question”?
This was very strange. The FDA panel asked two questions. Is
Provenge safe? And, is there “substantial evidence” of
efficacy? Those are the two questions that advisory panels
always ask. Federal regulations
require them to ask those questions.
It was hard to tell what Sendek was up to. Change the question?
Did Sendek believe that the FDA was somehow going to alter its
regulatory standards? Did he have information that the FDA might
not approve Provenge – never mind that the agency had
followed its advisory panels’ recommendations in 97% of
cases, and had never in history rejected a panel-approved drug
destined for dying patients?
And who was this Joel Sendek?
* * * * * * * *
Actual Joel Sendek publicity
photo
Sendek is an analyst for Lazard
research. He is famous on Wall Street for spending his evenings
calling Wall Street investors and shareholders, and
literally singing songs into their voicemail. Usually, these
songs celebrate the demise of some biotech company or medicine. For
example, when Sendek decided that an anemia drug called
Erythropoietin wasn’t going to make it to market (or to
patients suffering from anemia), he gleefully called everyone he
knew on Wall Street and began singing (to the tune of American
Pie):
Bye-bye, Erythropoietin pie.
Drove my growth rate with the pipeline,
But the pipeline went dry.
I don’t know what song Sendek sings about Dendreon’s
prostate cancer medicine, but his reports on Dendreon have been
marked by a similarly cheerful pessimism. Same goes for the reports
on Dendreon published by Elliot Favus, who, until recently, worked
with Sendek at Lazard. In the long two years that followed that
conference call in March 2007, Lazard’s reports have
consistently predicted (in tones that seemed almost hopeful) that
Dendreon’s treatment would fail to reach patients who were
dying of prostate cancer.
In April 2009, a few days before a Yahoo! message board poster
predicted, almost to the minute, the“BEAR RAID” that
shattered Dendreon’s stock price by 65% in 75 seconds, Lazard
put out
a statement that said that an “investigator in the
current Provenge study” had concluded that Dendreon’s
treatment did not work. This was terrible news – assuming
that the “investigator” was somebody actually
participating in the “current Provenge study” or any
other scientific study of Dendreon’s treatment.
But it turned out that Lazard had made “a
mistake.”
When Dendreon supporters started hollering that there was no
such “investigator,” Lazard
changed the statement to read that an “expert” had
concluded that Provenge does not work. When Lazard was challenged
to produce such an expert, it changed the message again. Now the
expert wasn’t exactly saying that Dendreon’s prostate
cancer treatment does not work. Instead, it was that Provenge was
“mentioned
cautiously” by this particular “expert,” who
remained anonymous.
If you can spot the similarity between this
“mistake” and the “mistakes” of
CNBC’s Jim Cramer, it will not surprise you to learn that
Lazard’s research operation was
then run by a guy named Paul Noglows. Prior to joining Lazard,
Noglows was the director of
research at IRG Research, an outfit owned by Jim Cramer’s
financial news and research company, TheStreet.com.
Elliot Favus, the Lazard analyst who teamed up with the singing
Sendek to trash Dendreon, later resigned from that job. Then he
went to
work for Och-Ziff Investment Management, a hedge fund managed
by Dirk Ziff.
As you will recall, Ziff was the guy who helped Jim Chanos (host
to Ashlee Dupre, hooker of Jim Cramer’s best friend Eliot
Spitzer) start his hedge fund empire – an empire that now
employs Evan Sturza, the fellow who used to be in the business of
publishing research that predicted, with similar glee, the demise
of medicines developed by companies that were under attack by
Michael Steinhardt (Cramer’s former business partner; mentor
to Chanos) and other cronies of Michael Milken and Ivan Boesky.
Ziff’, remember, was also the fellow who improperly
received–along with Chanos, Steve Cohen and others in their
network,
advanced copies of biased financial research published by
Morgan Keegan. And, of course, Chanos met Ziff through Michael
Steinhardt and Marty Peretz, who was Ziff’s Harvard
professor; a close friend of Boesky; an ardent defender of
Milken; a key limited partner, along with Boesky, in Michael
Steinhardt’s hedge fund; and the co-founder, along with
Cramer, of TheStreet.com.
Study the world of abusive short
selling for three years, as I have, and you will see that these
relationships matter. You will see how these people work together.
And you will see that the most egregious cases of market
skulduggery – the serious damage to public companies done by
journalists and analysts through these repeated and
precisely-crafted “mistakes”; the hired thugs; the
threats; the over-the-top gloom (sung gleefully); the sudden
bankruptcies, the orchestrated calamities, the endless litany of
strange occurrences – an alarming amount of it can be traced
to the same cast of beady-eyed, Milken-loving mischief-makers.
* * * * * * * *
As you may have gathered by now, Provenge has yet to be approved
by the FDA. Despite evidence
that it decreases prostate cancer mortality by 38%, the treatment
has yet to be administered to patients, 60,000 of whom have died in
the two years since the FDA’s advisory panel voted in
Dendreon’s favor.
What strange occurrences have contributed to this outcome? What
calamity was awaiting Dendreon as these seven
“colorful” hedge fund managers stocked up on put
options while naked short sellers flooded the market with at least
ten million phantom shares?
Before I answer those questions, we ought to get to know some
things about the “philanthropy” of Michael Milken and a
firm called ProQuest Investments.
In 1993, Milken founded the Prostate Cancer Foundation, with a
stated mission to promote advancements in the treatment of prostate
cancer.
In 1998, ProQuest Investments opened for business with the
specifically stated mission to invest in companies developing
treatments for prostate cancer.
Ostensibly, ProQuest was founded by two men – Jay Moorin
and Jeremy Goldberg. But the man who is
really behind ProQuest Investments is Michael Milken.
Industry reports suggest that
Milken is the firm’s rainmaker. It was Milken who
delivered most of ProQuest’s early capital. And it is
Milken who brings ProQuest’s deals to the table.
One of those deals was a company called Novacea, now known as
Transcept Pharmaceuticals. For a long while, the
controlling shareholders in Novacea were ProQuest Investments
and a fund called Domain Associates. I believe it is safe to assume
that ProQuest and Domain are affiliated, given that the two funds
not only invest in the same companies, but actually share the same
address.
Industry
reports state that Domain was the “mentor” to
Proquest, and an investor in the fund. One
report states that the two funds “plot strategy”
together. Thus, it would be more accurate to say that the
controlling shareholders in Novacea were first, ProQuest
Investments, and second, ProQuest Investments (acting through
Domain Associates).
But ProQuest and Domain are not like most biotech investment
firms, which scout out companies with promising treatments and
invest capital in them. Rather, ProQuest and Domain sometimes
invest capital in themselves. For example, Novacea was
founded by Eckard Weber, who works as an executive and partner of
Domain Associates. One day, there was no such thing as Novacea.
The next day ProQuest and Domain had invested in a company called
Novacea,
which ostensibly had a promising treatment for prostate
cancer.
This alone should have set off alarm bells. But for a long
while, the media and others believed that Novacea was a serious
– indeed, the most serious – competitor to
Dendreon. An achievement for Dendreon was considered to be a
set-back for Novacea. By the same token, a calamity for Dendreon
had the potential to be a major boon to Novacea’s
shareholders.
In fact, Dendreon suffered just such a calamity. And this
calamity did indeed reap a large fortune for Michael Milken’s
ProQuest Investments and Domain Associates.
But ProQuest and Domain are no longer shareholders in
Novacea.
That is on account of some strange
occurrences that I must describe in more detail.
* * * * * * * *
First, though, it is necessary for us to continue learning more
about Michael Milken’s prostate cancer business,
ProQuest Investments, and Michael Milken’s
“philanthropic” outfit, the Prostate Cancer
Foundation.
As we know, ProQuest Investments was ostensibly founded by two
men – Jeremy Goldberg and Jay Moorin.
Prior to becoming the ostensible co-founder of ProQuest (Michael
Milken’s investment fund for companies that supposedly have
treatments for prostate cancer) Moorin’s most significant
achievement had been to serve as
CEO of Magainin Pharmaceuticals, a company that later changed
its name to Genaera Corporation. In many transactions, the financial
advisor to this company was Paramount Capital.
Paramount Capital, as you will recall, is owned by Lindsay
Rosenwald, the fellow who used to help his father-in-law (the
“king of stock fraud”) run D.H. Blair, which was the
dirtiest Mafia-affiliated brokerage on Wall Street – the same
brokerage whose president had been Michael Milken’s national
sales manager, and whose business model had been to underwrite
phony biotech companies, then pump and dump their stocks.
As you will recall, Paramount’s vice president was once a
top trader at SAC Capital, the hedge fund run by Milken crony Steve
Cohen, who became the “most powerful trader on the
Street” largely by maniacally maintaining relationships with
his former colleagues. You will also recall that Cohen and
Paramount employee Joseph Edelman were among those seven
“colorful” hedge fund managers who held large numbers
of put options in Dendreon as of March 2007.
At the risk of being repetitive, I will also remind you that
Lindsay Rosenwald, the fraud king’s son-in-law, controlled
Cougar Biotechnology, a company whose scientific advisory board
included four doctors affiliated with Milken’s Prostate
Cancer Foundation.
When Dendreon became a “battleground stock,”
Dendreon had no more than three “serious” competitors.
One was Milken crony Rosenwald’s Cougar Biotechnology. The
other was Novacea, controlled by Milken’s ProQuest
Investments. The third was a company called Cell Genesys, which I
will return to in an upcoming chapter.
Magainin/Genaera, the company that was run by ProQuest’s
ostensible founder, Jay Moorin, had lots of big ideas. For example,
it claimed to
have developed a way to treat foot ulcers with a substance
extracted from the African clawed frog. It also claimed to have
discovered a treatment for cancer. This treatment was apparently
derived from the livers of tropical dogfish sharks.
Indeed, a great many of Magainin/Genaera’s supposed
treatments were derived from exotic wildlife. And many of these
treatments were heralded in press releases that suggested that
regulatory approval was just around the corner.
Sometimes, the company announced that its treatments had
already gained approval – albeit in exotic locales.
Genaera’s lung cancer vaccine “was approved Jun 12 by
the Cuban regulatory authorities…” noted one of
Genaera’s optimistic press releases. Presumably, Cubans are
now free of lung cancer.
For three decades, these press releases appeared. Many of them
sent Magainin/Genaera’s stock into orbit. Then the stock
would sink. After that, there would be another press release and
the stock would be back in the stratosphere.
But in three decades, Genaera never brought a treatment to
market. In fact, it never had a treatment approved by the FDA.
Three full decades. Countless potions and serums derived from
all manner of critter and jungle beast. A stupendous salary for the
CEO, and fantastic profits for anyone who spent those 30 years
riding the volatility of Magainin/Genaera’s stock. But
not a single treatment was brought to market.
In June 2009, Genaera
announced that it was going out of business.
* * * * * * * *
Jeremy Goldberg, the other ostensible
founder of Milken’s ProQuest Investments, was previously
best known for his service as the
founding CEO of a company called Versicor, which purported to
make anti-viral medicines.
Among Versicor’s biggest
early investors was Healthcare Ventures, a fund that was
founded by two former Johnson & Johnson executives. It seems
that a preponderance of Heathcare
Venture’s principals previously worked for Luekosite, a
biotech firm founded by Marty
Peretz, the Boesky and Michael Steinhardt crony who launched
TheStreet.com with Jim Cramer.
Another
early investor in Versicor was Schroder Venture Management, a
unit of the same
company that runs Schroder Wertheim, which was the principal
clearing
firm for Euro-Atlantic, a
Mafia-run brokerage that the Feds shut down in the late
1990s.
But Versicor’s most important investor was a biotech
company called Sepracor, which markets Lunestra, the sleeping pill.
Sepracor’s chairman, Timothy J. Barberich, was also a major
investor in Versicor.
Barberich served as Versicor’s founding chairman, while
Goldberg served as Versico’s founding CEO. This was the
Jeremy Goldberg who later founded Milken’s ProQuest
Investments.
So Barberich was chair of Sepracor (a company that markets
sleeping pills), and founding chairman of Versicor (which has yet
to produce any drugs fit for human consumption). Curiously,
Barberich also bankrolled Atlantic Casino Cruises, a gambling outfit
that was being set up by a businessman named Adam Kidan and an
alleged mobster named Anthony Moscatiello.
Moscatiello, who travels in an armor-plated Mercedes, has been
pegged by the
government as being the top bookkeeper to the Gambino Mafia
family. As the story goes, Kidan masterminded Atlantic Casino
Cruises. Moscatiello set the company up. And Barberich was the
principal financier of the project.
Unfortunately, the project never really got off the ground. Soon
after Barberich invested his money, Kidan, the businessman,
entered into a deal to buy another casino, SunCruz, from a
fellow named Konstantinos “Gus” Boulis. In due course,
Boulis accused Kidan of financial improprieties in the deal.
Not long after that, Boulis was shot in
the head – execution style.
And
Moscatiello was arrested.
* * * * * * * *
This is part 7 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