Funny Bunny
Looking for something a little lighter?
Catch Bob's more irreverent and amusing pieces in his Funny Bunny Blog.

Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System

Location: Blogs Bob O'Brien's Sanity Check Blog    
Posted by:   bobo 4/21/2006 11:00 PM

I always enjoy how the Yahoo message board "bashers" insist that there are no paid bashers working the boards, and that nobody would put in any time there as the boards don't matter one iota in terms of information dissemination, and that anyone claiming that those posting there are pros trying to libel the company are crazy, delusional, paranoid.

Huh.

Here's an article where a hedge fund out of the SF Bay Area is quoted right alongside Marc Cohodes of Rocker Partners - who is also based out of the Bay Area, where he is being sued for allegedly front-running research reports, disseminating false information about OSTK, etc.

And here is an article where two Yahoo message board bashers are tracked to that same hedge fund - bashers who were posting materially false and misleading information.

The hedge fund manager refused to answer any questions.

Sound familiar? Claim ignorance, express outrage at the allegations, become indignant, and then, when caught red-handed, clam up.

Discovery is going to be grand...

--------------------

The SEC extended its suspension of the "no short on up-tick" rule for their pilot program test for another year and change, now extending it until August, 2007.

That is the "test" that removes the barriers for shorting 1000 stocks - of which OSTK is among them. Since implementing that "test program", OSTK has lost about $300 million of market cap. Nice test. And it has been on the SHO list for over 250 days.

Does anyone find it odd that the SEC is running a "test" to see whether the protections crafted in the 1934 Security Exchange Act, to prevent the sorts of bear raids which had a huge contributory effect on the Crash of '29? And that after a year of allowing short sellers to short this 1000 lucky stocks without those protections, that they decided to extend it by 16 months?

What exactly are they testing? The ability of companies to stay in business when pummeled mercilessly day after day, the bid slammed over and over and over in a relentless downward spiral?

The ability of Americans to have retirement savings left after their little experiment?

When this was introduced, it was supposed to be a limited scope, one year test. That was a lie. It is now a 2 and a half year opportunity for short sellers to have their way with the market.

Who made this brilliant decision? I mean, seriously? "Let's let all the criminals at Lompoc have the run of the grounds, and give them free tequila and crack, and tear down the fence that separates the facility from the all girl's cheer leading camp, and see what happens!"

This from the same group who declared that investors complaining about rampant abuse of FTDs in SHO list stocks were just a bunch of disgruntled crybabies has decided that the one protection from bear raids that our forefathers had carefully crafted should be removed for years, you know, just to see what happens.

That must be sort of like the monitoring of Reg SHO's efficacy they are doing, without enforcing any of the flimsy rules contained therein. OSTK on that list for 250+ days, lots of monitoring. Massive lawsuits alleging that naked short selling is pandemic? Monitor away. Apparently everyone - investors, companies, and even now hedge funds - all understand that this is a runaway crisis, but the best our regulators can do is monitor, and eliminate the few safeguards that did exist.

WTF?

------------------------

In other market manipulation news, word has come to me that many, and I mean many shareholders, of OSTK, haven't gotten their proxy materials for the annual meeting.

Apparently the brokers aren't doing their usual bit of just sending out the proxies to everyone, holders of bogus shares, as well as genuine, and then figuring it out later.

No, they just aren't distributing the materials, and are coming up with every excuse they can think of not to - including lying about sending them out - the mailed proxies just never reach the shareholders.

Folks, this is flat out fraud.

If you are an OSTK shareholder, you need to vote your proxy.

There are two ways to vote shares in Overstock

If you own certificates:


1.  Call Kevin Moon at Overstock 801-947-3100 for a control number


2.  Log on to www.proxyvote.com and using your control number vote your shares

If your shares are held in your brokerage account by your broker:


1.  Call your broker and get your control number.


    I assume they will also provide a pin number as it looks like the site requires that as well


2.  Log on to www.proxyvote.com and using your control number, vote your shares


If your broker can't give you a control number it may be because your shares are in a margin account and have been loaned out - in other words because you don't own them. Alternatively, it could be that they were never delivered and you don't own shares at all.


If they are in a cash account then demand your control number. If you don't get one, contact OSTK at the above number and let them know. I smell shareholder lawsuit in the air.

This is imperative to do if you are an OSTK shareholder. If Byrne is correct and the majority of shareholders own nothing but fraudulently created markets, then one way to test the system is to get your number and vote your shares. You need to do this.

Quite a weekend, no? Hedge funds lying on the boards about companies they are short, SEC handing the keys to the bank vault to the short sellers, and the brokers refusing to allow shareholders to vote.

No problem here. Just business as usual in the markets.

Copyright ©2006 Bob O'Brien
Permalink  |  Trackback
Comments (34)
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By hwh on 4/22/2006 10:16 AM
The heart of the matter is the associate industry members of Anette Naz's husband, along with a sympathetic Congress & White House. Who was it that said "the international bankers are more dangerous than the standing armies?"
...hwh
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By hwh on 4/22/2006 10:24 AM
Furthermore: SEC has obviously decided (or been directed) to let the NSS crowd finish off their wounded vs following the law to equitably & morally right the situation. Mid-terms offer a glimmer of hope to make an election issue of the ongoing systemic crimes...hwh
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By mig on 4/22/2006 10:56 PM
Reg Sho has been an attempt by the SEC to twist and contort the language in the SEC ACT of 1934. The SEC apparently feels that it is itself an SRO.

I personally don't think Congress will act until a major crisis happens again. I don't think most congressmen will care about it unless it affects their campaign contributions. Ask 100 average wage earners if they know about the stock manipulation on wall street, or naked short selling (much less strategic fails to deliver), or regulation sho, and you MIGHT get one who will sort of understand. The other 99 will look at you with glazed over cow eyes. Nope...Congress already passed a law...it is the SEC ACT of 1934. The police (sec), executive branch, needs to enforce the law. If this doesn't happen then at this point (imo) it needs to be brought to the judicial branch to tell the cops they need to do their jobs instead of just making the rounds to get free doughnuts and coffee.

To date Reg Sho has not been challanged in the courts.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By captspell on 4/23/2006 12:13 AM
HI Bobo - You said "If they are in a cash account then demand your control number". I received everything from NFI for the shares I hold in certificate form. I haven't received anything from my broker for the shares I hold in a IRA. I would think that I should be able to get a control number for those shares also or ??
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By teabag on 4/23/2006 5:55 AM
If you want to win, stop fighting institutions and start attacking individuals. We have 100 senators and 435 congresspersons. Together, they are an institution. Pick one or two at a time (those in competitive districts) and deluge them with information on the issues. Then attack them for not doing anything about it. The same for the SEC. Attack Annette Nazareth, and not the SEC. Make it personal and I suspect we have a chance of getting these issues resolved.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By teabag on 4/23/2006 11:12 AM
I agree
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By John O. on 4/23/2006 11:13 AM
I agree
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By Lisa S. on 4/23/2006 11:14 AM
I agree
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By InTheKnow on 4/24/2006 1:14 AM
I agree
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By ravenseye on 4/25/2006 11:01 AM
bobo I like your site, what it stand for and especially your comment that Discovery is going to be grand...Here is some public records information...

CAYMAN ISLANDS
GAZETTE
Monday, 3rd May 2004 Issue No. 9/2004
pdf file page 11 of 55
BARBARY COAST MASTER GENERAL PARTNER LTD.
(In Voluntary Liquidation)
The Companies Law (2003 Revision)
TAKE NOTICE THAT the following resolution was passed by the shareholders of the
above-mentioned company by unanimous written resolution dated 8th April 2004:
“RESOLVED that the Company be voluntarily wound up and Stephen N. Worthington be appointed as the Liquidator to act for the purposes of such winding-up.”.
NOTICE IS HEREBY GIVEN that the creditors of the above-named Company which is being wound up voluntarily are required within 30 days of this notice, to send in their names and addresses and the particulars of their debts and claims and the names and addresses of their attorneys-at-law (if any) to the undersigned. In default thereof, they will be excluded from the benefit of any distribution made before such debts are proved.
Dated this 20th day of April 2004.
STEPHEN N. WORTHINGTON
Voluntary Liquidator
Contact for enquiries: Jarod Benson
Telephone (345) 914 4297
Facsimile (345) 814 8297
Address for service:
Walkers, P.O. Box 265 GT
Grand Cayman, Cayman Islands
The address of the Liquidator is:
c/o Barbary Coast Capital Management, LLC
311 California, Suite 600, San Francisco
CA, 94104, USA
http://www.gazettes.gov.ky/pls/portal30/docs/Folder/SITE83/GAZETTES/GA2004/GA200409.PDF
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CAYMAN ISLANDS
GAZETTE
Tuesday, 15th June 2004 Issue No. 12/2004
pdf file page 15 of 38
BARBARY COAST MASTER GENERAL PARTNER LTD.
(In Voluntary Liquidation)
The Companies Law (2003 Revision)
TAKE NOTICE THAT pursuant to section 145 of the Companies Law (2003 Revision) that the final meeting of the shareholders of the above-named company will be held at the office of Walkers, P O Box 265GT, Walker House, Mary Street, George Town, Grand Cayman, Cayman Islands, on 15th July 2004, at 10.00 a.m.
Business:
1. To lay accounts before the meeting, showing how the winding up has been conducted and how the property has been disposed of, as at the final winding up and for hearing any explanation that may be given by the liquidator.
2. To authorise the liquidator to retain the records of the Company for a period of five years from the dissolution of the Company, after which time they may be destroyed.
http://www.gazettes.gov.ky/pls/portal30/docs/Folder/SITE83/GAZETTES/GA2004/GA200412.PDF
pg 16 of 38
Any member entitled to attend and vote is permitted to appoint a proxy to attend and vote instead of him and such proxy need to be a member.
Dated this 31st May 2004.
STEPHEN N. WORTHINGTON
Voluntary Liquidator
The address of the Liquidator is:
c/o Barbary Coast Capital Management, LLC
311 California, Suite 600, San Francisco
CA 94104, USA
http://www.gazettes.gov.ky/pls/portal30/docs/Folder/SITE83/GAZETTES/GA2004/GA200412.PDF

Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By tommytoyz on 4/22/2006 10:54 AM
It's not just with OSTK shares. I can't get a control number to vote my NFI shares either, despite repeated requests. Interactive Brokers has promised to send me a control number and hasn't yet. This has been going on since April 7th
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By robelita on 4/22/2006 11:18 AM
Boys and grils,

This is fraud. The miscreants keep on conducting business as usual. It is incumbent upon us to alert our legislators (with posted e-mails) and to call foul when the Congress rejects the evidence. This is election year fodder-use it to your advantage.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By AlexRivera on 4/22/2006 11:22 AM
Why laws are broker if someone from a hedge fund posts on a message board using an alias?

There seems to be no laws against it.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By robelita on 4/22/2006 11:24 AM
Alex-be afraid-be very afraid.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By bobo on 4/22/2006 11:39 AM
Well, Alex, for starters, posting false and misleading information in order to impact the price of a stock is against the law. If you are a hedge fund with a short position and you are doing so to move the stock, it could be easily argued that you are participating in stock manipulation. Any attorneys out there want to chime in?

As to the voting rights issue, this could wind up being a landmark case. Really.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By hemingway811 on 4/22/2006 11:52 AM
hwh:

"Banking establishments are more dangerous than standing armies."
Thomas Jefferson

He also said this:

"When the people fear their government, there is tyranny; when the government fears the people, there is liberty."

Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By frogman on 4/22/2006 12:07 PM
I hold 12K NFI in my name and possess the certs too. I have not received any voting instructions or proxy docs from NFI even though it says they are included along with a special ph. number in ant 2005 annual report. WTF is going on at NFI. I want to vote my shares held in my name. Got no reply from Jeff either. Comments? Suggestions?
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By flatbroke on 4/22/2006 12:12 PM
As proposed, Regulation SHO contained (among other things) the following rules:

• Rule 201, which would replace Rule 10a-1 and apply a uniform price test for exchange-listed and Nasdaq NMS securities based upon the consolidated best bid instead of the current tick test based upon the last reported sale.

Rule 201 does two things; suspends the up-tick test and requires best-bid pricing of executed trades. This allows a short seller to sell into the highest bid but not below it. Seems to me this circumvents the goals set out by the commission in adopting the tick test--especially as to selling into the bid to drive it down. See below.

In adopting the tick test, the Commission sought to achieve three objectives: (i) allowing relatively unrestricted short selling in an advancing market; (ii) preventing short selling at successively lower prices, thus eliminating short selling as a tool for driving the market down; and (iii) preventing short sellers from accelerating a declining market by exhausting all remaining bids at one price level, causing successively lower prices to be established by long sellers.

It seems that they (the commission) felt that all bases were covered by rule 203; the locate rule under reg SHO; and therefore the tick test would be no longer needed.

Rule 203(b) creates a uniform Commission rule requiring a broker-dealer, prior to effecting a short sale in any equity security, to “locate” securities available for borrowing.

Most commenters welcomed the Commission’s proposal as a means to address potential manipulation through so called “naked” short selling, and additionally welcomed replacing the current disparate SRO requirements with a uniform Commission rule.

Too damned bad there was no enforcement of reg SHO rules. Too damned bad they focused on short selling when putting in the requirement to locate prior to sale. If there was a requirement to locate prior to 'any' sale, short or long, it would have had more coverage. But, then; without enforcement, nothing would and or will help.

Just more kindling on the fire ...

Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By Sledge on 4/22/2006 12:23 PM
Anyone want to comment on this post...

http://www.siliconinvestor.com/readmsg.aspx?msgid=22379509

To: rrufff who wrote (94168) 4/21/2006 6:45:56 PM
From: peter michaelson Read Replies (1) of 94174

One of us must be ill. We have agreed twice in a row. I'm making an appointment with my doctor now.

P.S. I lost a bunch of money getting bought in without warning on NVAO stock today. Broker stated it was a SHO buyin caused by NSCC. Stock rocketed up 36% on no news, so presumably I was not the only one bought in. That's no way to run a market.

The whole borrow thing is so screwed up. There ought to be a marketplace where the right to borrow can be bought and sold....clear as day....for all to see. I think we're beginning to see that the shorts are victims of the stock loan system, along with whomever else.

Why do the brokers have the right to loan something that someone else actually owns? Let the stockholder put their stock out for loan and get paid for it. Let there be a central market of 'rights to borrow'.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By bobo on 4/22/2006 12:24 PM
Frog - contact the broker's compliance officer and indicate that if you don't get a control number so that you can vote, you are going to file complaints with your state securities regulator as well as with the company.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By Sledge on 4/22/2006 12:30 PM
By flatbroke on 4/22/2006 Rule 201

"In adopting the tick test, the Commission sought to achieve three objectives: (i) allowing relatively unrestricted short selling in an advancing market; (ii) preventing short selling at successively lower prices, thus eliminating short selling as a tool for driving the market down; and (iii) preventing short sellers from accelerating a declining market by exhausting all remaining bids at one price level, causing successively lower prices to be established by long sellers."

Whoever at the SEC that comes up with these determinations must be morons.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By frogman on 4/22/2006 12:45 PM
Bobo: I am confused. These 12k shares are not in street name-they are registered in my name and I hold the certs. Why would Schwab have a control number for these shares?
On page 1 of the Proxy Statement-Annual Meeting of Stockholders section in the back of the 2005 Annual Report it states the following:
"If you are not planning to attend the Annual Meeting to vote your shares in person, your shares of common stock cannot be voted until either a signed proxy card is returned to the Company or voting instructions are submitted by using the Internet or by calling a specifically designated telephone number. Specific instructions for shareholders of record who wish to use the Internet or telephone voting procedures are set forth on the enclosed proxy card."
Here is the issue: None of these were included in the 2005 Annual report
The "enclosed" proxy card was NOT enclosed .
The special voting telephone number was NOT enclosed
The Internet voting address was NOT included.
And Jeff Gentile has NOT returned my calls or emails
That is pitiful IMHO
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By 3diesels on 4/22/2006 1:07 PM
Solving a Message Board Mystery
By Aaron L. Task
Senior Writer
6/2/00 8:42 PM ET


NEW YORK -- With elements of the go-go days re-emerging this week, culminating with Friday's big rise, it's important to recall the lessons of the recent past.

Hopefully most investors long ago got the message that it's paramount to ensure the truthfulness of information, and question the motives of those touting (or demeaning) stocks.

Nowhere is that issue more germane than in online chat rooms. In case anyone out there hasn't yet gotten the message about the need to be wary, here's another cautionary tale. The story also serves as a morality play about the wisdom of entrusting assets to money managers who happen to have impressive short-term track records.

Many of you, I trust, are familiar with the saga of NetSol International (NTWK:Nasdaq - news).

To recap: Shares of the developer of auto-leasing software soared from around 5 in late September to as high as 80 (intraday) in early March, before stumbling into the mid-teens recently after Barron's questioned the company's prospects and valuation. Simultaneously, the weekly postulated that if NetSol's valuation were a fool's paradise, so too was the heady performance of Blue Water Partners. About 40% of the Locust Valley, N.Y.-based hedge funds' assets are in the stock, Blue Water said in a May 15 press release.

What Barron's either did not know (or report) is that Jonathan Iseson, portfolio manager of the Blue Water funds, made over 100 postings about NetSol -- using the alias "3diesels" -- on Raging Bull from late July 1999 until early May 2000. (Thanks to TSC's Mark Martinez for pointing this out.)

As you might expect, the postings were mainly glowing.

One dominant theme was that NetSol was undervalued compared with erstwhile peers, as typified by this Feb. 3 posting:


With [Satyam Infoway (SIFY:Nasdaq ADR - news)] and [Infosys Technologies (INFY:Nasdaq ADR - news)] at record highs, the model works -- then NTWK should be valued at 120 in my own thought process. Look at [revenue] growth and the buzz of all the new biz they're getting. I am looking for a pop real soon.
Earlier postings hinted at corporate developments with the potential to goose the stock, such as this Dec. 20, 1999 missive:


I hear rumors of some major new deals in the very near term will give us powerful upside growth in revenues, earnings, potential, customer contact -- we're talking major league here!
On Jan. 2, NetSol announced the acquisition of Australia's Abraxas Software and with it, customers such as the Australian financing arms of GMC, Volvo, and Toyota.

Finally, postings such as this one from Dec. 12 discussed unnamed institutions buying the stock, as well as the boon likely to follow when NetSol moved from the over-the-counter bulletin board listing to Nasdaq's Small-Cap Market, which occurred in late December.


"Hearing that a large Middle Eastern institution is looking to buy a major amount of stock in NTWK. They better hurry before it's considerably higher - once Nasdaq approval comes then I believe many institutional accounts will jump in i.e. Janus
A Question of Full Disclosure
Iseson declined to speak on the phone but defended the postings via email Friday:

"I am surprised that there is an issue about 3diesels postings as it is well known that 3diesels has been my e-mail address and user ID," he wrote. "In fact, 3diesels is on my business card. I am well known as 3diesels."

Furthermore, Iseson pointed out that "3diesels" voluntarily disclosed being long NetSol in every post made on Raging Bull.

In his email, he wrote: "The postings reflect my optimism about NetSol's business model as a low-cost producer in a high growth industry, focus on comparables in the industry and repeatedly note purchases by Blue Water Funds, which are the subject of public filings."

I can't speak to "repeatedly," but Iseson pointed to a few of 3diesels' postings that refer to Blue Water (as "BW"). However, he refers to the firm in the third person and never -- near as I can ascertain -- fully disclosed his identity as Blue Water's manager.

"bw just [bought] 50,000 and is adding more!," 3diesels wrote on Dec. 28, 1999.

That prompted a question from another Raging Bull chatter who questioned how he knew, casting some doubt on Iseson's contention that he was "well known" as 3diesels.

The next day 3diesels replied: "I can assure [you] they [bought] that and are going to buy more today."

One for the Lawyers -- or the Moralists
The question, of course, is whether Iseson had a moral or legal obligation to disclose his true identity in case anyone was unfamiliar with his alias.

A Securities and Exchange Commission spokesman declined to discuss the specifics of the case, but said there is currently no law governing Internet chat rooms, specifically. However, "the way that people handle information or distribute information is sometimes the subject of SEC action," he said.

Baur Whittlesey, a partner at Ledgewood, a Philadelphia law firm specializing in securities industry issues, said Iseson might have a "serious disclosure issue," but acknowledged "there's nothing that prevents [a fund manager] from saying nice things about the company when he's buying."

Which, it turns out, is exactly what Iseson was doing.

Thus, Iseson can't be accused of engaging in a classic "pump and dump" play. Still, several sources questioned the prudence of publicly talking up a stock while acquiring more shares.

Talking Up the Stock
As of Oct. 1, 1999, Blue Water owned 516,000 shares, or 7.4% of NetSol's publicly traded stock, according to a 13G filing with the SEC. In early October, the stock was trading just above 5, making the stake worth about $2.6 million.



According to a Nov. 12, 1999 filing, the holdings had increased to over 861,000 shares, or 10% of NetSol. By then, NetSol shares had risen to around 7.

The stock skyrocketed soon thereafter, but that didn't stop Iseson from buying more -- essentially he was doubling up his bet, letting it ride, and pushing his luck.

By April 12, the fund owned 1.9 million shares, or 22.7% of NetSol, according to a 13D filing with the SEC. It was that day that NetSol shares took a steep plunge, falling from 60 1/2 to 44. Still, the stake was worth about $83.6 million, despite being down about 45% from its peak in early March.

The stock continued to fall thereafter, but Iseson kept buying. An amended 13D filed May 3 showed the fund owned 2.1 million shares, or 24.8% of the company. With the stock closing at 50 1/2 the day of the filing, the value of the position was about $106 million.

Then came the negative press.

By Friday, June 2, the stock closed up 9.6% to 17 13/16, meaning the stake had eroded to $37.4 million, based on the previously disclosed ownership.

Because Iseson apparently wasn't touting NetSol so he could unload shares at higher prices, speculation is he wished to increase the value of Blue Water's biggest holding to ensure a continuation of the fund's heady returns. (Or maybe he just didn't think there was anything wrong with making the posts.)

The Blue Water funds rose 111% in 1999 and were up 135% in 2000 through the end of April, when assets totaled $160 million, according to Hedgefund.net. (FYI, the fund group has been net short since the summer of 1999.)

Meanwhile, Iseson said the company was not aware of his chat room activities, although it is unclear whether Blue Water's clients knew.

NetSol executives declined to comment.

For whatever it's worth, Iseson said, via email, he remains bullish on NetSol, "notwithstanding repeated efforts by short-sellers to drive down the stock price."

Given his position in this thinly traded stock, he may have no choice but to continue to be optimistic, as exiting the position may be untenable.

Iseson hasn't made any posting on Raging Bull in about a month but, he declared, "3diesels has been and will continue to be my e-mail and user ID name."

At least now, everybody will know.


--------------------------------------------------------------------------------

Aaron L. Task writes daily for TheStreet.com. In keeping with TSC's editorial policy, he doesn't own or short individual stocks, although he owns stock in TheStreet.com. He also doesn't invest in hedge funds or other private investment partnerships. He welcomes your feedback at taskmaster@thestreet.com.
--------------------------------------------------------------------------------
Send letters to the editor to letters@thestreet.com.
Read our conflicts and disclosure policy.
Order reprints of TSC articles.

Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By InTheKnow on 4/22/2006 1:09 PM
Who is Jeff Gentile?
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By 3diesels on 4/22/2006 1:11 PM
A Securities and Exchange Commission spokesman declined to discuss the specifics of the case, but said there is currently no law governing Internet chat rooms, specifically. However, "the way that people handle information or distribute information is sometimes the subject of SEC action," he said.

Baur Whittlesey, a partner at Ledgewood, a Philadelphia law firm specializing in securities industry issues, said Iseson might have a "serious disclosure issue," but acknowledged "there's nothing that prevents [a fund manager] from saying nice things about the company when he's buying."
Re: Weekend Roundup - SEC Extends No-Uptick Trading By Cutty on 4/22/2006 1:17 PM
In the mean time, you read articles, such as this one: www.marketwatch.com/News/Story/Story.aspx?dist=newsfinder&siteid=mktw&guid=%7B5BBA468B-F2FA-4FF8-862B-DE6949A1E81C%7D&link=&keyword=LSE
Telling you that the takeover of the LSE by Nasdaq and co will bring the much harderUS regulations to the English market, which is sooo... corrupt.What a joke. If somebody believes any of this, please contact me, I can sell them the Eiffel tower in Paris, for a good price.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By schooling 3diesels on 4/22/2006 4:27 PM
3dielsels,

There's now laws against stating your opinion. There are SEC regulations against provably false statements disseminated while profitting from it.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By hoagx on 4/22/2006 4:28 PM
Here"s the truth about Yahoo.
I try to spread the word about market manipulation and naked shorting everyday! When I start posting about Hedge Funds and Nake Shorting. Yahoo will DELETE MY POSTS!!! Or will not let me post! Yahoo has to have HEDGE FUNDS in bed with them! There is no dought! You just try spreading the word about this site and you'll see what I mean! Is Yahoo owned by a HEDGE FUND?
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By schooling 3 diesels on 4/22/2006 4:28 PM
Correction to typo's:

3diesels,

There's no laws against stating your opinion. There are SEC regulations against provably false statements disseminated while profiting from it.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By schooling 3 hoagx on 4/22/2006 4:30 PM
You probably put url links in your post. That would be why Yahoo's automated post deletion software would nuke your posts, not some crazy notion on your part.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By canada on 4/22/2006 5:23 PM
Bobo, check my post in the NFI thread re: David Baines.

I encourage everyone to send a thank you email to him for raising naked shorting in his story dbaines@png.canwest.com. It's only a handful of brokerages in Vancouver that are doing all the naked shorting and they need to be shut down. He can make that happen as he is quite a muckraker.

It wouldn't take much to get this regulated. When Vancouver got bad press in the late 90's, the politicians hired police to replace the SRO's and shut down the Vancouver Stock Exchange. A number of angry emails to David from US investors could light this story on fire.

I live in Vancouver and he did a big story today about how Union Securities allowed tens of millions of naked shorting of OTC companies from anonymous American citizens who hid behind Yukon corporations.

The fine was such a token joke and anyone that made money still works there. The one client made $36 million naked shorting OTC companies into oblivion.
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By bobo on 4/22/2006 5:27 PM
Everyone should read this, paying special attention to the parasitic aspect of the actions described - this guy hit the nail squarely on the head, IMO.

http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=53948906&blogID=112796288
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By hwh on 4/22/2006 6:53 PM
The E-Brokers & segments of Traditionals that cater to hot money (day traders) look increasingly to be the media/message board/nnss conduits/enablers. I know Fidelity allows shorting in a stock that is barred from ANY type short selling including against-the-box. I read E-Trade does as well. ARCA appears to be a major anonymous/innocuous way to slip shares back & forth between short"friendly" non professionals.

They can play all sorts of games flipping 100-1000 shares of the companies with little to no chance of being tracked and more importantly associated with the major miscreants...hwh
Re: Weekend Roundup - Hedge Fund MB Bashers, SEC Extends No-Uptick Trading, OSTK Proxy Critical Test Or System By robelita on 4/22/2006 8:53 PM
hwh,

Your conclusions about ARCA seem correct. Watch L2 sometime-almost invariably when a stock is going down for no apparent good reason you'll find ARCA sitting on the ask-oftentimes joined by NITE and UBSS. They tag-team in bringing down a stock like a pack of lions on the hunt. I've seen it with several BB stocks. I have sent numerous e-mails to the SEC about the practice to no avail. The playing field is heavily slanted (bobo's last reference is a testament to this) and in order to have it leveled again we must address this at the polls come November. I have already notified both Senators and my Congressperson that this issue needs attention NOW and my vote this fall will reflect my satisfaction/dissatisfaction with the incumbent.

Your name:
Title:
Comment:
Please limit your comments to 500 characters. For longer comments, use our forums.
Subscribe via Email
Get This Blog via Email:


Powered by Squeet.com
Sanity Check Archive