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The Bunny's Semi-Annual "I told you so" War Dance Blog

Location: Blogs Bob O'Brien's Sanity Check Blog    
Posted by:   bobo 6/14/2006 10:07 AM

It's summer, and that means it is time for me to arrogantly wave my own flag, and proclaim that I have the power of ten Easter Bunnies, and have broken stories well in advance of the mainstream press catching up to the issues - largely because I'm not employed by a system whose ad revenues are dependent upon Wall Street, I'd bet.

But that's another story..

As an example, consider this excellent article in Businessweek today. And then consider this blog from a month ago, detailing how hedge funds are perfect conduits for terrorist or drug money laundering.

Huh. Who knew that unregulated, anonymous hedge funds worth over $1.3 trillion could be used for illicit purposes? Gasp! You mean there's gambling going on in there?

Next, consider the intersection of hedge funds, manipulative/naked short selling, independent analysts, co-opted journalists, class action attorneys, and regulators. Think long and hard about that, and consider next week's Senate hearing looking into that intersection between the analysts and the hedge funds, and their ability to abusively short companies into the ground. Then check out this oldy but goody blog where the actual mechanism is laid out in excruciating detail.

The only thing I would change in the description now is that the international arbitrage game is better understood, and it's the bad guys or their affiliates acting as foreign market makers and thus being allowed the latitude to legally naked short that is critical here - assuming that the trades aren't all just netted together against any buys for a far lower actual short number. That's presuming that the claims of offsetting large long positions offshore aren't being used - I mean, they do check those claims...right?

If you get a chance, go back through the archives, and the original bobosrevenge.blogspot.com Sanity Check blogs, and look at them historically for a barometer of the things that were articulated here months, if not years, before the mainstream press started paying attention. And then consider the number of blogs addressing disturbing realities that have yet to be addressed, and ask yourself why it is that the media is taking so long to figure this out.

I'm reminded again and again of BCCI, or the S&L crisis, where the large pink elephant in the room was ignored while the powers that be made a killing, at the expense of honest folk.

At least there's consistency to it.

There's that.

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

Want to have a market maker rent you his naked short selling capability for a buck or so a share? Even on SHO list stocks, or stocks where there is no borrow available?

Consider this scenario, as a description of how to make money fast, and not be constrained by antiquated notions like supply and demand. And the next time you see your favorite SHO list stock being sold off on no news, or contained with a virtually infinite supply of shares, you will understand one of the games being played:

"Here's a description of how it works in OSTK - just insert NFI in place of that company, and insert specialist instead of market maker - although I believe there are options MMs for NFI as well, so you don't even need to make that change:

A broker/dealer can short without borrowing if he is a market maker - not particularly difficult to become, BTW. That means he is duty bound to make a market, so that if some people were bidding $20, and some were offering at $21, he would step in and sell at $20.50, say, just to keep the market moving. What does he sell? Stock he has not borrowed yet. So it is naked shorting, but he's exempted from the normal rules.

This exception is clearly only supposed to exist for minute to minute, or hour to hour, imbalances. It is also routinely flouted.

Here's what I, as a crooked market maker in OSTK could do all day long for you, a manipulative hedge fund:

1. Sell 500,000 shares I don't have (using my market maker exemption) to you for $20/share.


2.Hedge my risk that the stock goes up by buying calls from you struck at $20, and paying you $1/each.


3. I then sell you puts struck at $20 for $2 each.


4. You dribble your 500,000 shares endlessly into the market, hitting the stock every moment it starts to move up. When you need more ammo, just call and we'll do this deal again, say, in a few days.

No matter what the stock does, then, I make $1. And you get exactly the outcome that you would have with a naked short position - but you never did; you just bought stock, puts, and sold calls.

I basically rented you my market maker exemption for $1.

This is simplified. The spreads are not really $20 to $21, and the pricing on the options is a bit more complicated, etc. but this is the idea.

So anyone wondering what those big blocks crossing the tape without moving the price, with corresponding options activity, are doing...this is likely the scenario.

Hell of a system we have, huh?"

-----------

Mark Cuban again offers us the gift of laughter, with his latest foray into on-line activity.

His new new thing is to have a website that will break negative stories about companies, after digging up dirt on them - not necessarily a bad idea. If there wasn't a completely corrupt system for me to battle on Wall Street, that's something I'd likely be into - bad guys are bad guys, and I don't particularly like 'em, regardless of the flavor.

The difference is that Mark indicated that he intends to take positions in the stocks before the articles break:

"...said he'll buy and sell stocks based on information before the site publishes it."

Now, a cynic might say that is precisely what Gradient and the hedge funds are accused of doing. An even more cynical person might use words like misappropriation, and point out that is what Elgindy was doing.

Thank goodness I'm not cynical.

I think it is a great idea to discover negative information ahead of the general public, and then take a short position in anticipation of the market drop your pet website can create when it breaks the info. Especially if you syndicate that to your buds at other hedge funds. Why, I bet they would be more than happy to offer up insights and ideas on companies they think suck. I bet you could make even more money by charging a lot to let special people know what will get slammed before the general public!

This is the American way of profiting off of hard work - and anyone that says that you'd have to be morally bankrupt to be confused about the ethics and legality of operating a negatively slanted mouthpiece in order to personally benefit financially from the stock action once you've broken the data - correct or incorrect, subdued or exaggerated - is being snarky. I mean, is it wrong to trade on non-public knowledge of a hugely negative campaign, which given Mr. Cuban's stature is likely to move markets (remember that there are a lot of idiots who trade based on lowest common denominator theory - they try to anticipate what the morons will do, thus trading in like morons, but earlier)? Would that be so bad?

I'm going to go with Mark didn't chitty chat with any securities attorneys before giving this interview or vetting the business plan. Call it a hunch.

Again, there's nothing wrong with digging up dirt on bad guys.

There are, however, securities laws against trading ahead of material events likely to move the price of a stock - you know, like the guy who got put away for trading ahead of the Businessweek news.

Think of it this way - how likely would people have been to buy stock from Mark (shorted) if they had known he was about to slam the price with a negative expose? They wouldn't have. By withholding that info from the public until he has gotten his trade on, some would say that he has defrauded those he sold his shorted stock to - that's how many would view it in this hypothetical case.

Because it isn't the information. It's that whatever stock is mentioned by his site is practically guaranteed to go down bigtime. Whether the info is correct or not - it's the fact of the article rather than the substance that will serve as the trigger.

My hunch is that this is all an elaborate practical joke by Mark, whose richly developed sense of humor is legendary.

Right?

...Right?

 

Copyright ©2006 Bob O'Brien
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Comments (35)
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By bobo on 6/14/2006 7:25 PM
BTW, Patch and Burrel and Falk have also broken many stories ahead of the mainstream press, as has Gayle Essary. In point of fact, what is just now making its way into the mainstream has been covered for years by these folks.

And the mainstream media wonders why it is obsolete.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By mad money shudders on 6/14/2006 7:36 PM
So Mark's decided to cut out the middle man in Jimmy's scenario and just go direct. He's got balls! Or something...
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By bobo on 6/15/2006 5:36 PM
I won't comment on that. But if you see a large furry white guy holding a basket, it isn't me.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By browntrout on 6/15/2006 5:55 PM
Ah- so your not white?
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By bobo on 6/15/2006 7:59 PM
Nope. As in all things, shades of gray. Or grey, depending upon the ethnicity...
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By Jim on 6/15/2006 9:04 PM
Bobo,

This issue is gaining real momentum. I would like to see how many people are educating themselves on the web site. Could you provide a counter that is viewable by the public on the main page? I sense a wave of people becoming involved, but we have no way of knowing just how many supporters there are.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By Selene on 6/15/2006 10:13 PM
Stevie G.

Let me first say this, It doesn't sit well with me, the laygirl, if someone sells their part ownership in a business (short sales included) into the stock market when they are in pocession of information that points to fraud in the business (both from non-public and public avenues) without first having to disclose it.

I think the Cuban thing is a very tricky topic. Clearly above my pay grade. I think before any of us could come to a sound conclusion on this topic, the question of how to clasify "fraud" needs to be addressed. More specifically, is fraud, in a public company, by its nature non public material inside information? There are other subtle varients to this question. For example, If I owned stock in Merck and I figured out through repeated independent test that all of Mercks drugs were sugar pills, could I legally sell my Merck stock without first informing the buyer or the public? What to make of this: I presume you would agree it's fraud. However, the public and the buyer is free to test Mercks drugs as I have (so is it non-public). It's material (if it envolves all their drugs). Again, this is over my pay grade, and it hurts my head to try and think about it even from a laygirls perspective.

Should Warren Buffett have to disclose that he intends to buy a company because he deduces that the management is honest? Isn't he a market moving force?

Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By anon on 6/15/2006 11:33 PM
The old busy schedule ploy. Gentlemen of the jury, Herb was waaaay too busy maintaining the roof on his million plus dollar villa so he could no longer continue his money making subscription only newsletter. The camera pans the courtroom, which surprisingly contains several former subscribers and a few sniffles are picked up by the microphones.

<>
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By anon on 6/16/2006 1:52 AM
I'd like to see the congressional hearing probe how David Rocker came to testify before Congress in 2003 on the benefits of short selling.

<<"Although there have been occasional instances in which short sellers have been accused of circulating misleading stories, these instances are dwarfed both in number and magnitude by the misleading stories circulated by long holders and the issuers themselves," David Rocker, a leading short seller, told a Congressional hearing in 2003.>>

http://tinyurl.com/pyfae
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By short seller on 6/16/2006 4:27 AM
has anyone got the witness list? I understand it will only be Hatch, Specter and Leigh
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By anon on 6/16/2006 5:30 AM
I believe Charlie Gasparino said Hedge Fund Chanos will be there. They originally said they were too busy but have changed their minds and will be there.

"In the most visible case in which short sellers are credited with performing a public service, Jim Chanos of Kynikos Associates, the world's largest short-selling firm, unearthed problems at the once-mighty energy trading company."

Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By rtway1 on 6/14/2006 7:54 PM
My impression of overseas criticism of our financial markets over the years was always met with doubt by myself as I always thought of these countries as anything but honest and the reason they took shots at us was motivated by jealousy. As I have become older and watched how are financial system has evolved I feel now those foreign critics were fairly accurate as they are today. On the other hand I have seen more and more moral decay and blatant theivery in our markets that make the foreign markets ones that we should learn a lot from or copy. The absolute lack of enforcement and transparancy is something you would expect from Iran. The only thing missing is a guy named Nero and a fiddle.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By Niel Storts on 6/14/2006 8:45 PM
Didn't I mention, about 6 months ago, that the mainstream "press" would suddenly discover this issue when it was timely for some of those idiots to step up and take credit for the "disclosure"????????? davy rocker is "retired" now. It's ok. stevie cohen is still on the hook, but he can escape. Enough funding can excuse a multitude of sins. "Let them eat cake." Still maintaining my doubts on final determination.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By selene on 6/14/2006 9:04 PM
I don't see anything wrong with Cuban doing that, as long as the information isn't non-public material inside information.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By anon on 6/14/2006 10:26 PM
Will Stevie be next to retire?
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By mhelburn on 6/15/2006 5:28 AM
Herb Greenberg had a subscription newsletter, which he closed. I can't help but wonder if he gave these folks information that front-ran his free articles. He said that he couldn't continue because of his schedule, but such a matter seems awfully close to the edge of legal.. and there is such a responsibility for bashing a company that might not be bad. The power to damage is like a whirlwind.. it may circle around to crush the ones who misspoke or intentionally misled. Herb is a stand-up guy according to Ron Insana and Jeff Matthews.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By bobo on 6/15/2006 6:02 AM
Selene: Look up misappropriation.

Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By selene on 6/15/2006 6:07 AM
A jury can decide how reasonable people can interpret what is being done. If Cuban deals in questionable information or spins it in a way that causes harm to the company and investors, then he'll get sued like Rocker and Gradient and the court system will hash it all out. If he's telling the truth he can still get sued, but again, the legal system will hash that out. If he screams fire in a crowded theatre when there is no fire and a reasonable person sees the evidence as supporting no indication of a fire then he will be sued and he will most likely lose.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By Johnboy on 6/15/2006 6:24 AM
Thank God for our courts, they will set everythng right. Money has no say there, LMAO
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By bobo on 6/15/2006 7:08 AM
Selene. Keep it simple. Regardless of whether the info is correct or not, if his service has an impact on the market, and he trades based upon his knowledge that there will be a campaign hitting - which isn't public info yet - then he is trading in advance of market moving events. Read the definition of Misappropriation. You are arguing a different point.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By sealman on 6/15/2006 7:42 AM
I guess if Chris Carey, the business journalist leaving the Post Dispatch to join up with Cuban, plays the bashing game anything like HG or Mad dog Crammer he could spin negative innuendo or out right lies and then play dodge ball claiming journalist's Freedom of the Press rights. Could it be that Cuban's web project will play into the hands of the NSS crooks?
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By bobo on 6/15/2006 7:50 AM
If you haven't already, check out this week's correspondence to the Wall of Letters. Some remarkable pieces.

Also, I will be on a big boat doing some fishing most of next week - not sure about internet access, although they claim satellite coverage. I leave port on Friday afternoon and get back the following friday. So I won't be posting, or if I do, it will be abbreviated.

Please post any letters to the Wall of Letters in the interim.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By dave on 6/15/2006 7:56 AM
http://www.schaeffersresearch.com/commentary/bernie_observations.aspx?click=home&cat=soc&page=bernie_observations&ID=16228
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By Long Time Lurker on 6/15/2006 8:05 AM
Remembrances of a lurker
I am a long time lurker on the NFI and OSTK Yahoo message boards.
Just a lurker because at my age (pushing hard on 80), I cannot handle the posting stress . So this is my one time fling. It is just my honest observation and opinion. I do not personally know anyone mentioned. I will just give my 2 cents (FWIW) and then go back to lurking. This is in no way complete, just a few items to the best of my recollection. .... A true autobiographical history direct from the Bunny, himself .... (or themselves ?) "The evolution of the Easter Bunny" AKA Bob O'Brien. etc., (Of course with certain currently personal identity things omitted for maybe future sequel) might be interesting about now ???
I have been following the evolution of "The Easter Bunny" since around 3 years ago on the NFI board. It was before that big NFI take down from somewhere around $70 to $30 along with class action lawsuit and all. ... At that time, I observed that there were many well informed posters on the NFI board (Including hhill51, bovinepoor, working_on_my_first_million, harryofanguslane, mhelburn etc.,etc), but there was one who really stood out. He was extra sharp, very logical and had a better grasp of the English language than most. He called himself DirtyDirtyDeeds. I don't know why he chose that name because it certainly didn't fit with his actual deeds, which to my observation were always positive and never dirty, but my guess is that in general, he seemed to enjoy stating things in terms of opposites as a kind of shock value emphasis. He was always a master in the use of (tongue in cheek) sarcasm for getting his points across.
Anyway, observing the obvious manipulation that was going on in NFI, seemed to be getting more and more irritating and intolerable to DDD until finally, he said he had something to take care of and just disappeared from the board for about a week, and then upon his return, he unveiled his response with a new website called NFI-Info.net. He was not going to take this lying down. He was fighting back. About that time, quite a few of the other pro-NFI posters joined with DDD to help with the website, etc. even to the extent that some started calling themselves DDD2 or DDD3 things like that, so by now it may well be that the entity called "The Easter Bunny" is just a virtual composite ? Only "The Shadow" Knows heh! heh! heh! (For the youngsters "The Shadow" refers to a radio hero crime fighter of the old pre-TV radio days). Well, to try to make a long story as short as possible (500 word limit hard because there is so much),"The Easter Bunny", DDD, Bob O'Brien, Bobo, whoever he may be, went on to found ncans.net, and then The Sanity Check website and blog. I mean this guy when angry and opposing the bad guys is a powerhouse, a gladiator, a John Galt. Somewhere along the line, Bobo, "The Easter Bunny" connected with Patrick Byrne, another powerhouse Luke Skywalker, fighter of wrong doing and from my point of view, what a wonderful synergy that can provide and of course some of the worried bashers have been trying to make something negative of that possibility. They are saying that these gladiators are "In Cahoots" and that is somehow wrong. As though the bad guys ripping us old (and other) folks off are not "In Cahoots" LOL, What a joke. They (Those of the Evil Empire) are the "Cahoots" masters of the world. I sure hope that our Luke Skywalkers (And I have noticed that there are now quite a few) are all "In Cahoots". If they are not, they certainly should be or they will never win this battle. "May the Force be with you". All.

Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By rick on 6/15/2006 8:20 AM
boboman,
You really lifted the curtain for me on the 500k share trades - that don't move the price. Amazing!

What's to stop them from shorting a 100 million shares of OSTK? Really, that would solve a lot of their problems.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By Minichiello on 6/15/2006 8:21 AM
A material event in securities terms is commonly defined as "anything that could reasonability be expected to affect the share price of the company".

Therefore, if the information that Cuban is distributing via his web site effects the share price and he has put on a stock position prior to the distribution of this news, he could be considered as trading on insider information.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By bobo on 6/15/2006 8:22 AM
That's as good an autobiography as I've seen. I turned off the 500 word limit for your post. Feel free to write to your heart's content.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By selene on 6/15/2006 12:01 PM
I don't know anything about securities law, but what's the difference between that and Wall Street analysts who issue recommendations to their clients? From a laygirls perspective, I have more of a problem with Wall Street analysts and their access to management than whatever Cuban would be doing. Reg FD is a joke because it can't account for tone and body language in a private conversation.

I really am talking out of my you know what, but I still don't see anything wrong with what Cuban is talking about doing. If john and jane Q public want to play games of speculation and they foolishly react to what the Cubans and Cramers of the world have to say, then it's their own damn fault if they lose money to these men and their shenanigans. Personally, there's a whole lot of people involved in the stock market that have no business being there. If Americans voted with their dollars in the stock market the same way they vote on consumer goods, then Wall Street and corporate executives wouldn't be able to make off with the amounts they make off with. It really is as simple as that. If we have a mindless country content on being ignorant then so be it. You reap what you sow.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By Stevie G on 6/15/2006 1:27 PM
Selene - one big difference is that most brokerage houses do not allow their analysts to own the stocks they cover (or put tight restrictions on such ownership). Also while analysts have access to management, management is careful not to give them information which could be construed as insider information. Analysts recommendations are based on, as you would expect, analysis. Review of financial statements, assessment of the business climate, etc.. Basically an interpretation of publically available information.

This is not what Cuban is talking about. He is planning to do independent investigation of "fraud and corporate wrongdoing". He will dig up dirt - presumably facts that are not publicly known. Then short the companies, selling the stock to a public who is not aware of the fraud he is privy to. Then expose the fraud.

Thing is, if Cuban hopes to dig up "fraud and corporate wrongdoing" that is not public knowledge, then that info would seem to be, by definition, insider information. Imaging a whistleblower shorting their company before going public. Kind of takes the nobility out of whistleblowing, and would be both despicable and illegal. But this is what Cuban wants to be - a whistleblower who reaps profits.

If there is some sort of 'fine line' or loophole that might permit this kind of activity, then our regulators owe it to the American people to close those loopholes immediately. This ugly, cynical plot needs to be unambiguously illegal, if it is not already.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By anony on 6/15/2006 3:36 PM
Bobo, can you do a full-on explanation of your rent-a-market-maker-exemption theory?

My first question is why would the market cooperate in that scheme when he stands to lose money? He nets $1 but he is short puts so as the stock decreases won't the market maker lose his shirt?

My second question is how does one get market-maker status? Is the process different for a foreign market- maker?
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By Build A Bear Raid Workshop on 6/15/2006 4:09 PM
Hey Bobo,

Actually, I think Cuban is on to something. I'd even like to propose his first target. The industry that I have in mind has regularly defrauded its customers, broken the law and is currently sitting on a scandal that has the potential to bankrupt not only all the companies involved but could even break the entire US financial system.

Imagine the money he could make if he publicized the potential exposure that Morgan Stanley, Goldman Sachs, et al, have with Naked Shorting and Market Manipulation.

Let's all encourage Mark to open up his first can of Whoop Ass on the financial sector.

Fight the good fight, EB!
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By Browntrout on 6/15/2006 4:14 PM
Stevie G- Every time Cuban opens his yap about investing he proves that just because he won the lottery(his way overpriced company being sold) that doe not mean he has a brain. His continuing idiotic statements prove that. Cuban wants to show he is as smart as everyone on the crooks on Wall Street. So far he is failing.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By Bobo on 6/15/2006 4:18 PM
I'd love to. I will be offline from tomorrow afternoon, for a week, with sporadic opportunities to check in. It will have to wait until I get back - anyone that wants to fill in the blanks can feel free to.

The market maker thing is easy - from what I can gather, you declare yourself to be a market maker, wave your hands around, sign some forms, and presto - you're a market maker. Offshore is even laxer.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By anony on 6/15/2006 5:04 PM
Mr. Bobo goes to Washington tomorrow? You wouldn't be the only one.
Re: The Bunny's Semi-Annual "I told you so" War Dance Blog By browntrout on 6/15/2006 5:21 PM
Bobo- So are you going to testify in your bunny suit?

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