In July 2008, not long before Cell Genesys announced that its
drug was killing people, CNBC’s Jim Cramer called Dendreon a
“dog.” Cramer, of course, did not mention that the
illegal naked short selling of Dendreon was continuing apace.
Throughout that month, more than 1 million Dendreon shares
“failed to deliver” every day, according to SEC
data.
At the end of August 2008, after Cell Genesys announced that its
drug was killing people, Milken’s Prostate Cancer Foundation
posted a story that suggested that this failure was a sign that
Dendreon could be in trouble, too. Clearly, the Prostate Cancer
Foundation, whose top officials had done so much to derail Dendreon
in 2007, were not eager to see the company’s treatment reach
patients.
Not once did the Prostate Cancer Foundation note that the
difference between Dendreon and the three companies promoted by the
Prostate Cancer Foundation was that Dendreon had provided heaps of
evidence that its treatment actually worked.
In October 2008, Dendreon released still more favorable data.
Its Independent Monitoring Committee’s studies were showing
(as had the company’s phase 3 trials in 2007) that Provenge
was safe, and offered a significant survival advantage over a
placebo.
Meanwhile our two favorite financial analysts – the
singing Sendek and Jonathan Aschoff – continued to reiterate
their sell ratings on Dendreon.
The attacks continued through March 2009, which is when we were
treated to the reappearance of Matthew Herper, the Forbes
reporter who had dismissed Dendreon during those strange
occurrences in April 2007. Now, Herper published a story in which
he made it clear that Dendreon’s treatment would not, and
should not, be approved by the FDA.
In support of his claims, he cited the analysis of Dr. Thomas
Fleming, one of the three people whose missives had ended up in the
hands of The Cancer Letter. To show that Fleming (who is not a
physician, but rather a statistician) was not the only
“expert” opposed to Dendreon’s treatment, Herper
cited several other “experts” – Susan
Ellenberg, Donald Berry, and Janet Wittes – who had views
that were remarkably similar to Fleming’s.
What Herper did not mention is that Susan Ellenberg had
co-authored a book with Fleming, Janet Wittes was credited with
editing that book, and that book enthusiastically cited the work of
Donald Berry. Clearly, these “experts” had worked
together to make sure that one message was whispered in
Herper’s ear.
While Herper was working on his article, John Stewart of the
“Daily Show” began exposing Jim Cramer as a fraud. This
created quite a stir, and in the midst of it Cramer went on CNBC to
tout none other than….Cougar Biotechnology, the company
controlled by Lindsay Rosenwald, formerly of the Mafia-linked
“pump and dump” shop D.H. Blair. Cramer said he thought
Cougar was the next big thing in prostate cancer treatment, and
everybody should load up on its stock.
Meanwhile, with Novacea and Cell Genesys killing people,
Milken’s “philanthropic” outfit was now directing
much of its energy to promoting the mostly untested treatment then
being hawked by Cougar Biotechnology.
Cougar’s treatment “has recently attracted global
media coverage,” began one Prostate Cancer Foundation
press release, which described the treatment as “a
promising experimental medication with the potential to treat
patients who have failed conventional medical treatment for
advanced prostate cancer…”
The press release continued: “The [Prostate Cancer
Foundation] Therapeutic Clinical Investigation Consortium played an
important role by accelerating US clinical testing of this new
agent in Phase II clinical trials….In Phase 1 studies,
[Cougar’s treatment] exhibited the potential to attenuate
disease progression and shrink tumors.”
Actually, the studies were not quite so encouraging as
Milken’s foundation would have one believe. Abiraterone
had been
tested on a total of 30 patients. These patients purportedly
experienced declines in levels of “prostate specific
antigen,” but this is a long way from demonstrating that
Cougar’s treatment “attenuates disease” or
“shrinks tumors.” As for that “potential to treat
patients,” it will be at least two years before Cougar has
enough data to submit an application for FDA approval.
For the sake of prostate cancer patients everywhere, Deep
Capture hopes that Cougar’s drug proves to be successful.
We wish merely to note the different reception the network of
Milken cronies delivers to a drug like Provenge, whose supporting
data is ample and overwhelmingly positive, versus the opinions the
network expresses about a drug whose data is preliminary and
inclusive, but whose investors hail from the Milken network.
We also wish to reiterate that Milken’s Prostate Cancer
Foundation and people tied to Milken gave ringing endorsements to
companies – Novacea, Cell Genesys, and Cougar Biotechnology
– right before those companies entered into purportedly
massive deals with major pharmaceutical companies. In the cases of
Novacea and Cell Genesys, those massive deals were canceled soon
after they were signed because the companies’ treatments were
shown to be ineffective.
Yet, in all three cases, investors
with ties to Milken or his close associates made large fortunes
selling out their stock soon after the companies received
over-the-top endorsements from the Prostate Cancer Foundation.
Meanwhile, the Prostate Cancer Foundation, whose officials had
played a key role in derailing Dendreon back in 2007, continued to
snub its nose at Dendreon’s Provenge, the one treatment that
could be safely and effectively administered to patients –
right away.
* * * * * * * *
It is not clear if Milken himself was invested in Cougar, but
Dr. Samuel Saks, who was a director on Cougar’s advisory
board, was also a board member of Milken’s fund, ProQuest
Investments. Three other members of Cougar’s advisory board
were doctors affiliated with Milken’s
“philanthropy,” the Prostate Cancer Foundation.
In addition to Rosenwald, the biggest investors in Cougar
Biotechnology have included Millennium Management (the hedge fund
that was co-founded by the guy who was going to murder Ivan Boesky,
and later died of an early heart attack) and Visium Capital, which
is co-owned by Dimitry Balyasny and Jacob Gottleib.
As noted, Millennium, Visium and Balyasny were also among the
largest shareholders in Cell Genesys when the Prostate Cancer
Foundation began promoting that company’s treatment, GVAX, in
mass mailings and flyers handed out in front of shopping malls.
Millennium’s manager and Dmitry Balyasny, meanwhile, were
among the seven traders who were betting big against Dendreon in
March 2007.
The few media stories about Balyasny make him seem like he is a
“prominent” investor – and a poster boy for the
American dream. Born in Russia, he came to America as a young man
and soon started raking in the bucks as a “whiz kid”
investor. In addition to Visium, Balyasny is the proprietor of
Balyasny Asset Management and BAM Capital. Some of Balyasny Asset
Management’s employees – including, for a period
of time, the fund’s chief risk officer — have come from
SAC Capital, the hedge fund run by Milken crony Steve Cohen.
A great many of Balyasny’s other employees were hired from
a hedge fund called Magnetar Capital. The senior partner and
investment committee chairman of Magnetar is Michael S.
Gross, who was previously a founding partner of Apollo
Advisors, the investment fund run by Milken crony Leon Black.
As you will recall, Leon Black funded the new Milken
“philanthropic” foundation that hired National Cancer
Institute prostate cancer chief Alison Martin after she helped the
chairman of Milken’s Therapeutic Consortium foil
Dendreon’s FDA application. Leon Black is also a business
partner of Felix Sater, the alleged Russian mobster who once stuck
a broken stem of a wine glass through a stock broker’s face
and then went on to run White Rock Partners, a Mafia-infested
brokerage that was indicted for manipulating stock in cahoots with
the above-mentioned Lindsay Rosenwald’s D.H. Blair.
Prior to starting his own hedge funds, Balyasny was the top trader at an outfit
called Schonfeld Securities, the proprietor of which is a man named
Steven Schonfeld. Prior to founding his firm, Schonfeld worked for
Blinder Robinson (then known on the Street as
“Blind’em and Rob’em”). Blinder Robinson
was among the first firms to be shut down by the Feds when they
began investigating a network of Mafia-linked brokerages that
included Rosenwald’s D.H. Blair and Sater’s White Rock
Capital.
Schonfeld worked at Blinder Robinson with Anthony Elgindy, the
criminal naked short seller who was was later sentenced to prison
for stock manipulation and bribing FBI officials. As you will
recall, Elgindy appeared for his sentencing missing a finger
– reportedly because the Russian Mafia forced him to saw it
off, giving him something on which to meditate while he served his
11 years in jail. Meanwhile, the Elgindy investigation led the
authorities to other hedge funds, such as Gryphon Partners, whose
manager was later among the few who bet big against Dendreon.
As should be clear by now, it is significant that a
preponderance of the hedge funds that bet big against Dendreon, and
a preponderance of the hedge funds that were invested in the three
Milken-promoted companies – Cell Genesys, Novacea, and Cougar
Biotechnology – were part of the same network. And it is
significant that much of this network seems to be centered on
Michael Milken and Steve Cohen, who became the “most powerful
trader on Wall Street” some years after he was investigated
by the government for trading on inside information provided to him
by Milken’s shop at Drexel Burnham.
Permit me to repeat a few facts: Cohen was once the top
earner for Gruntal & Company, which was simultaneously
employing several traders who were later tied to the Mafia. When
Gruntal was indicted for embezzling millions of dollars, many of
its former employees went on to fill the ranks of White Rock
Capital, run by the alleged Russian mobster Felix Sater (he with
the broken wine glass).
Cohen, meanwhile, had left to start his own hedge fund empire.
Cohen’s hedge funds have helped pump stocks promoted by D.H.
Blair, which was eventually indicted on 173 counts of securities
fraud and implicated in a Mafia stock manipulation scheme that was
orchestrated by White Rock Capital.
Lindsay Rosenwald, who is the son-in-law of D.H. Blair’s
founder and a former top executive of D.H. Blair, was not only the
controlling shareholder of Cougar Biotechnology, but also the
proprietor of a hedge fund called Paramount Capital. The vice
president of Paramount was formerly a top trader for Steve
Cohen’s SAC Capital. The vice president of the above
mentioned Millennium Management is also a former top trader of SAC
Capital.
And Cohen, who is maniacal about his working relationships, is
on close terms with Schonfeld Securities, run by the former
employee of Blind’em and Rob’em. Cohen has
employed Schonfeld’s traders, including Anthony Bassone, who
was until recently assistant controller of SAC Capital; and Rob
Cannon, who is Cohen’s top personal trader at SAC. Another
“Russian whiz kid”, Michael Orlov, created the
computerized trading infrastructure at both SAC and Schonfeld
Securities. And, as mentioned, Cohen shares employees and trading
strategies with that other “Russian whiz kid” —
Dmitry Balyasny, who was once Schonfeld’s biggest earner.
All of which I mention only because I fancy myself a biographer
of a particularly destructive network of Wall Street personalities.
It may be of no significance that out of Planet Earth’s
11,500 hedge funds, there were only ten hedge funds with large
numbers of Dendreon put options at the end of March, 2007.
There may be no significance to the fact that of those ten hedge
funds, seven were in the same network — Millennium
Management; Balyasny Asset Management; WS Capital (the successor to
Gryphon Partners); Perceptive Advisors (whose manager was
simultaneously working for Paramount Capital); Bernard Madoff
Investment Securities; Pequot Management; and SAC Capital (managed
by Steve Cohen, who is said to be maniacal about maintaining
working relationships with people in his network).
And it could be purely coincidence that these hedge funds were
the largest holders of put options on Dendreon shares right at the
time that Dendreon was getting clobbered by massive amounts of
illegal naked short selling – and right before
Dendreon’s treatment for prostate cancer was stymied by an
unprecedented lobbying effort led by FDA-contracted doctors and
government officials tied to Michael Milken.
By the way, three months later – at the end of June, 2007
— there was just one more hedge fund with large numbers of
Dendreon put options. It is not clear from SEC filings whether
these put options were bought before or after the FDA announced (on
May 8, 2007) that it would not approve Dendreon’s
treatment.
Either way, it is probably another
coincidence that this eleventh hedge fund that bought large numbers
of put options was the above-mentioned Magnetar Capital.
* * * * * * * *
This is part 14 of a 15-part series.
The story is 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