As should be clear from the contents of Deep Capture, the world of
illegal naked short selling is a weird one, populated by
sociopathic billionaires, slick lobbyists, famous felons, bent
regulators, crooked law firms, corporate spies, message board
maniacs, sinister banks, shifty private investigators, mendacious
professors, professional dissemblers, propagandists, grifters,
thugs, liars, and the Mafia.
Things become all the more weird when you consider that
regulators and law enforcement do almost nothing to stop naked
short selling, even though a growing number of prominent people
– everyone from U.S. Senators to George Soros – insist
that criminal naked short sellers helped take down Bear Stearns,
Lehman Brothers, and the American financial system. Then
there’s the weird fact that anybody who tries to shed
light on this weird state of affairs is quickly subjected to
smear campaigns that are…weird.
Anyway, message to Matt Taibbi: Welcome to our world.
Taibbi, as many people know, is the star reporter who published
a major expose about naked short selling in the most recent issue
of Rolling Stone magazine. In addition, he has published a
few blogs providing more evidence to support his claim that illegal
naked short selling is a big deal and it’s pretty
“hilarious,” as he puts it, that the government
hasn’t prosecuted the people who might have helped crash the
financial system.
In one of his blogs (which you can read here),
Taibbi posts a video that seems to show a day trader conducting a
short sale of stock in an unnamed big bank through a brokerage
called Penson Financial. The SEC says that short sellers have to
have “reasonable grounds” that they can locate actual
stock to deliver to their buyers. As Taibbi rightly points out,
this is a “very funny piece of regulatory policy
– asking greedy ass financial companies to determine what to
them is a ‘reasonable’ effort to follow the rules.
“
At any rate, if you believe what you see in Taibbi’s
video, Penson Financial of Penside Worldwide Inc. (PNSN) gave that
day trader a phony “locate” on quite a few of the
unnamed big bank’s shares. In fact, the video seems to show
Penson Financial confirming that it had “located” many
billions of the unnamed big bank’s shares – altogether,
five times as many shares as were then in circulation. In
other words, it seems that if this trader had had the inclination
and the funds, Penson would have accepted a massive naked short
sale, helping the trader flood the market with billions upon
billions of shares that simply did not exist.
This is rather important, because Deep Capture has
reviewed evidence showing that little Penson Financial and one
other relatively unknown firm were by far the biggest traders in
financial stocks in the first nine months of last year, handling
more than 80 percent of volume. To repeat, Penson Financial, a
little firm in Dallas, Texas, and one other relatively small firm
handled by far the biggest volume of trading in the stock of
all those big banks that collapsed last year, leading to the worst
financial crisis since the Great Depression. When it came to
clearing trades in financial stocks, Penson was bigger than
Goldman, bigger than Merrill, bigger than every major brokerage on
Wall Street.
We do not know for certain that the trading through Penson was
naked short selling. We know only that naked short selling
accounted for much of the overall trading last fall in companies
like Lehman Brothers. And we know that a preponderance of the
overall trading went through Penson. Perhaps Penson carefully
weeded out the naked short sellers, in which case it handled almost
all of the trading in financial stocks except for
naked short selling. But if Taibbi’s video is any indication,
Penson was certainly willing to locate stock that did not
exist.
If I have anything to add to Taibbi’s terrific reporting,
it is this: Penson Financial’s vice president in charge of
stock clearing (that is, the head of the division that appears to
have located stock that did not exist) is a man named Christopher
Sandel. From 1985 to 1995, Sandel was a top executive at Adler
Coleman, best known for being the clearing firm to the Genovese
Mafia family.
Adler Coleman famously went bust when its top customer, the
Genovese-controlled brokerage Hanover Sterling, self-imploded in
one of the greatest naked short selling scandals of all time.
Several traders tied to the Gambino crime family were charged with
naked short selling companies that were underwritten by Hanover.
That the Genovese Mafia brokers at Hanover were not charged in this
case seems odd, because the most likely scenario is that the
Genovese underwrote hapless companies, pumped their stock prices,
and then called in the Gambinos to vaporize the companies, with
everybody profiting on the way down.
Anyway, when some of America’s biggest financial companies
collapsed under a barrage of short selling last fall, an enormous
chunk of that trading was being cleared by a fellow who used to
work for a company that seemed to specialize in clearing trades for
the Mafia. Should this concern us? Might the Mafia have played some
role in the collapse of the financial system? If I were more
heavily armed, I would venture an opinion.
Now, of course, there is a concerted effort to portray Taibbi as
a sucker, and his video as a fake. One blogger who has suggested as
much is Gary Weiss, a former BusinessWeek reporter. As we have
documented elsewhere on Deep Capture, Gary Weiss is a
corrupt pseudo-journalist whose sources have included naked short
sellers with ties to the Mob. Among Gary’s favorite sources
were John Fiero (fined $1 million in Hanover Sterling scandal),
Anthony Elgindy (currently serving an 11 year prison sentence for
short selling crimes and alleged to have had his finger sawed off
by Russian mafiosi who were concerned that he would become a
government informer), and Manuel Asensio (who once worked for a
Mafia-controlled brokerage called First Hanover).
Weiss has reported extensively on the Mafia’s infiltration
of Wall Street, but he has, for years, insisted that only
conspiracy theorists believe naked short selling is problem. He
wrote a great deal about Hanover Sterling, but not once did he
mention that naked short selling was central to that case. In his
book, “The Mob on Wall Street,” Weiss told the story of
a Genovese Mafia broker, and mentioned that this Mafia broker
claimed to clear his trades through none other than…Penson
Financial.
But, of course, Gary insisted that the Mafia broker must have
been lying, because Penson is a “legitimate firm.”
Meanwhile, a blog called ClusterStock has also suggested that
Taibbi’s video is a “hoax.” Taibbi has written a
fine rebuttal to that claim (which you can read
here), so I have nothing to add, except that ClusterStock was
founded by Henry Blodget, who was famously charged with securities
fraud in 2002, and by the former co-owners of DoubleClick, a
company that was once defrauded by the Colombo Mafia family.
DoubleClick was never charged with any crimes, as it was, alas, the
victim. Such is the sad fate of many firms that have
business dealings with the Mafia (of course, this fate may be
avoided by adhering to a simple dictum: “Avoid having
dealings with the Mafia”).
I tell you this not because I think there is some kind of
conspiracy, but merely because I am fascinated by the always
colorful biographies of people who attack those who seek to expose
the crime of naked short selling. Blodget is, by all accounts, a
reformed criminal, and I’m sure the other people at
ClusterStock are law-abiding people. Gary Weiss would be
perfectly innocent, too — except that he’s an
out-and-out fraud.
Recently, Deep Capture reporter Judd Bagley revealed
that Weiss was the anonymous author of a blog on the popular
website Daily Kos. This blog, of course, denied that naked short
selling is a crime, while smearing those who said otherwise. To
support its smears, the blog, written by the anonymous Gary Weiss,
referred readers to another blog, written by none other than Gary
Weiss. Indeed, Gary Weiss has had a great many phony on-line
aliases, and all of these Gary Weiss aliases proclaim that Gary
Weiss is right and great.
In a variation of this on-line chicanery, ClusterStock’s
writers littered the comments section of Taibbi’s blog with
allegations that his video was a “hoax.” To support
these allegations, the ClusterStock writers provided links to
another blog…ClusterStock. Presumably, Gary Weiss will also
provide links to ClusterStock. Oh wait, he already did that.
Meanwhile, Penson Financial, has written a letter to the SEC,
suggesting that Taibbi’s video was (what
else?)…”a hoax.” In the letter, Penson
Financial, which was fined in 2006 for naked short selling,
promises that it does not engage in naked short selling.
The SEC no doubt believes this.