A Full Blown Orgy on Wall Street or I Smell Fish

by RoryKearney | October 12, 2008 at 02:42 am
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The naked bill

The naked bill

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I know you weren't invited to the party but stick around. We are all going to pay to clean up their mess. To bring you up to snuff on this story, Overstock CEO Patrick Byrne was the first public figure to sound the battle cry and go toe to toe with the naked short sellers. In exasperation, he filed a lawsuit against them, which should have been heard in August, but delay, delay, delay, it is now scheduled for April. Byrne also filed a lawsuit against the Prime Brokers. By then, many of those he is suing, like Lehman Brothers, may already have gone bankrupt, due to their corrupt naked trades which they cannot ever deliver on.


One of the groups alledgedly at the forefront of Naked Shorting Overstock.com stock, is Rocker Partners, who changed their name to Copper River shortly after they were served with a lawsuit, at which time one of two the Big Kahuana's (David Rocker, Marc Cohodes) retired (if one considers it work to sit  around at your computer all day selling naked shares of Overstock etc). Now the stench of fetid fish is seeping up  from the river. Are they getting ready to bar their doors too?

Gradient/Rocker Partners Lawsuit
Overstock
filed a lawsuit against Rocker Partners, a hedge fund, and Gradient Analytics, an independent research firm, in August 2005. We are suing the defendants for libel, unfair business practices and tortuous interference. This lawsuit claims that Rocker Partners, a hedge fund managed by David Rocker, paid Gradient Analytics, an independent research company, for a series of false and disparaging reports about Overstock, and that Gradient allowed Rocker to review and edit the so-called "independent" reports before they released them. It also claims that Gradient timed the release of the reports so that Rocker could profit on trades, as could Gradient through hedge funds it secretly controlled. The Establishment press has tried to spin this case as being about free speech, but this argument has already been rejected by a California state trial judge (on all counts, 8-0), by a friend-of-the-court brief from the California attorney general, and, in a blistering decision, by the California Court of Appeals (3-0). Read FAQ | View Media | Legal/Court Documents | Company Documents

Prime Broker Lawsuit
This suit alleges that the defendants, most of Wall Street's major brokerage houses, participated in a massive, illegal stock market manipulation scheme of selling short the company's stock with no intention of covering such orders with borrowed stock, as they are required to do, causing what are referred to as "fails to deliver" (in effect, the creation of fake stock in the marketplace). The suit asserts that a persistent large number of failures to deliver have been generated and may, at times, have come to exceed Overstock's entire supply of outstanding shares.

http://www.overstock.com/Patrick-Byrne-and-naked-short-selling.html


Why is it that Naked Shorting is still rarely written about by the mainstream press?

Roddy Boyd, formerly of the New York Post, now with Fortune magazine sticks his counterfeit 2 cents in again.

Lehman collapse puts hedge fund in dire straits

Short-seller Copper River should be in its glory in a market like this. Instead, it's fighting for its life.
By Roddy Boyd, writer
Last Updated: October 10, 2008: 12:15 PM ET

http://money.cnn.com/2008/10/10/news/economy/river_boyd.fortune/index.htm

and Patrick Byrne responds.

Roddy Boyd Works It Like He’s Paying the Rent

October 11th, 2008 by Patrick Byrne

In the adult novelty & video arcade shop that is our New York financial establishment, one of the mop-and-bucket spooge-boys is Roddy Boyd, formerly of the New York Post (for folks who move their lips when they read Entertainment Weekly), and currently, of Fortune Magazine (also known as “People Magazine for Capitalists”). I have met Roddy on occasion, and a more seedy and furtive character would be difficult to name. I once knew a one-eyed Chinese guy named “Chaney” who ran a Bangkok pawn shop/mail-drop who turned out to be working for Taiwanese, Chinese, and Soviet intelligence, simultaneously, but by appearances anyway, Chaney was a model of probity and fair-dealing when compared to Mr. Boyd.

Admittance into Roddy’s New York financial journalism spooge-bucket-brigade is conditional upon acceptance of The Fundamental Principle and First Corollary of that august fraternity:

The Fundamental Principle - Hedge funds can do no wrong, particularly if they belong to a small constellation whose brightest lights are Stevie Cohen, Dan Loeb, David Einhorn, Jim Chanos, David Rocker & Marc Cohodes.

The First Corollary -  If any corporation or individual appears to have been wronged by activities of any of these hedge funds, using methods up to and including stock counterfeiting and manipulation, blackmail, harassment, and intimidation, use of private eyes and internal moles, inciting endless and expensive  investigations that go nowhere, and so on and so forth, it must only be because they deserved it (for proof, see The Fundamental Principle).

Today Fortune Magazine’s Roddy Boyd gives fine illustration of these rules in an article on  Copper River Partners (née Rocker Partners). This is the same Copper River/Rocker Partners whose exploits are chronicled throughout DeepCapture, and who have been frequent beneficiaries of reportorial lotion-jobs from Roddy, Karen Richardson (WSJ), Herb Greenberg (CBSMarketWatch), Joe Nocera (New York Times), and Jim Cramer (CNBC & TheStreet.com), and have been long-time recipients of  Bethany McLean’s highly-regarded regulars-only service. (Full disclosure: Copper River is also on the business end of a Marin County lawsuit filed by Overstock.com, in which I played modest role.)

In today’s think-piece, Roddy treats us to such insights as:

  • “But for noted short-sellers Copper River Management, a $1 billion hedge fund based in Larkspur, Cal., the month turned into a perfect storm. A devastating combination of counter-party failure, sudden regulatory edicts and margin calls conspired to turn the fund’s performance on its ear, leading to a 55% loss in just two weeks.” Translation: In the last two weeks Copper River lost over half of its billion dollars, not through any decisions made there: instead, counter-party failure, regulators, and those pesky margin calls “conspired” to create “a perfect storm” that lost the half-billion dollars.

 

  • In case the point was lost that none of this had to do with the quality of Copper River’s investments, Roddy Boyd writes it out. He really does, in those words: “What’s worse for Copper River is that the battering had nothing to do with the quality of its investments.”

 

  • We are treated to a bit of financial arcana: “On top of that, as Lehman unwound its own internal hedges to the Copper River trades, its trading desks bought shares of these companies, driving up their prices and leading to losses for Copper River.” Translation: Lehman sold Copper River puts that Lehman then hedged by shorting stock (most likely in more abuse of the option market-maker exception), and when Lehman covered its shorts it hurt Copper River, whose investment strategy assumes an environment where shorts don’t need to cover (and understandably so). As far as Roddy Boyd is concerned, the possibility that a short might “cover” (that is, “at some point come into the possession of and deliver things they are selling”) and thereby cause loss to a favored hedge fund has “nothing to do with the quality of its investments.” 

 

  • As though that litany of impositions were not harrowing enough, Roddy chronicles the further injustices suffered by Copper River: “That was bad enough, but on September 19, the bottom fell out for the fund. That was when the Securities and Exchange Commission ordered unprecedented restrictions in short sales” (as our nation’s financial system was imploding). And further, “As prices in those stocks shot upwards, Copper River was forced to cover - or buy back - some of its positions at steep losses. “ Clearly this further injustice is intolerable: how could a hedge fund such as Copper River ever be expected to make money if it has to deliver on things it has sold? And lastly, this chestnut: “The rising stock prices also led to a series of margin calls (demands for additional cash collateral to be deposited in a margin account) from Goldman Sachs, Copper River’s prime broker.” I’m with Roddy on this one: it’s just damn inconsiderate of Goldman Sachs to insist that Copper River have funds to back its play.

Perhaps I am too hard on Roddy.  “Out of the crooked timber of humanity no straight thing will ever be made”, and all that. A gal moves to the big city, gets behind, does things of which she is not proud. Molded are we all of imperfect clay.

But normally, she doesn’t write home about it.

It’s just Roddy’s ill fortune to have to perform these acts in national print.

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Daniel Neun
Daniel Neun
flagged this story as Good Stuff

at 03:09 on October 12th, 2008

RoryKearney, great research. Most important issue. Thanks a lot.

0
RoryKearney

Thanks for the comments. We need a site like this that let's the news be told.

ESOX LUCIUS
ESOX LUCIUS
flagged this story as Good Stuff

at 04:46 on October 12th, 2008

RoryKearney, I like this story. It's good stuff. Excellent research and a clever illustration!

jordan
jordan
flagged this story as Good Stuff

at 07:34 on October 12th, 2008

RoryKearney, I like this story. It's good stuff.

Rhonda J Mangus
Rhonda J Mangus
flagged this story as Good Stuff

at 07:43 on October 12th, 2008

RoryKearney, I like this story. It's good stuff.

0
RoryKearney

Thanks Folks. Hope you enjoy this cartoon.


http://www.npr.org/blogs/money/2008/09/catch_it_this_weekend_naked_sh.html

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mhelburn

Gradient statementSALT LAKE CITY, Oct 13, 2008 /PRNewswire-FirstCall via COMTEX/ -- Overstock.com, Inc. (Nasdaq: OSTK) announced it has settled all claims against Gradient Analytics and its principals and officers named as defendants in Overstock's defamation case filed in Marin County, California.

Overstock.com chairman and CEO, Patrick Byrne said, "I am pleased to publish this statement from Gradient Analytics:

Gradient issues this Statement concerning research reports previously

published by it regarding Overstock.com, Inc. Having reviewed all SEC

filings, relevant accounting literature, and all other information

available to it, Gradient now believes that, to the best of its

knowledge, Overstock's stated accounting policies did in fact conform

with Generally Accepted Accounting Principles (GAAP) and regrets any

prior statements to the contrary.


Some of Gradient's prior reports asserted that certain Overstock

directors -- i.e., Allison Abraham, John Fisher and Gordon Macklin --

were not independent directors according to Gradient's criteria for

evaluating independence. However, under NASD Rules, those directors were

independent. Gradient extends its apology to the Macklin family for any

remarks or observations concerning the suitability or independence of Mr.

Gordon Macklin, who served with distinction as a past President of the

NASD, was widely regarded as a pioneer in the financial industry, and,

due to his expertise, was asked to serve on many corporate boards.


Gradient has examined and improved its internal policies concerning how

it communicates with clients, including hedge funds, and the media.

Gradient acknowledges that former Executive Vice President of Research

Matthew Kliber, a named defendant in this litigation, was not responsible

for any of Gradient's research on Overstock.


Gradient regrets that the parties have been embroiled in litigation over

its reports and looks forward to both sides' moving forward with their

respective businesses.


Byrne added: "I wish Gradient Analytics the best in their future endeavors.
Overstock.com will now focus on the remaining defendants, Copper River, David Rocker, and Mark Cohodes."

The details of the settlement reached today are confidential.

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RoryKearney


Thanks for posting the Gradient Settlement article. What a great victory for Dr. Byrne and Overstock and the anti rumor mongering brigade. I hope we get more information on the settlement details.

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