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Now Uploaded - Symphony of Greed, Intro Chapter

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Posted by:   bobo 6/27/2006 4:48 AM

The Columbia Journalism Review just issued a great article on the media's coverage of tomorrow's Senate hearing, and on Gary Aguirre's charges in his 18-page letter to Congress. It is an absolutely must read piece, as is Gary's phenomenal document. Of note is that this site is cited, which is always kind of fun - and timely, given this blog's contents, and the tone of the associated book chapter.

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Symphony Of Greed - Financial Terrorism and Super-Crime on Wall Street

I uploaded the Intro chapter to my non-fiction book. It can be viewed here.

I’ve had a fair number of requests for a peek at what I’ve been working on, so I figured that I’d offer up a sample, to satisfy the curious.

By way of preamble, I thought it might be interesting to offer a little background on the motivation for writing this. About a year or so ago I came to the conclusion that there was a vacuum in the information stream, and that the reason more investors weren’t up in arms over the naked short selling crisis was because most didn’t appreciate what was being done to them. This was largely a function of complexity, or I should say seeming complexity, of the subject matter.

What was needed was a one-stop-shop, where a guy with an average education could sit on a plane cross country, and by the time he landed, know enough to be dangerous.

As I met folks in the industry, including regulators and ex-SEC staffers, I realized that most didn’t have all the pieces, or understand how all the parts functioned. That was a big problem, as the story is really one of small loopholes, each seemingly insignificant, but collectively adding up to a tear in the fabric of safeguards you could drive the space shuttle through.

Sideways.

I also noted that most didn’t appreciate Wall Street’s history. That was vitally important, as it provided context, and explained how something like the naked short selling crisis could develop.

An example. In the 1980s, Ivan Boesky engaged in a systematic pattern of insider trading, using information given to him via a network of loosely organized sources, who in turn were passed the info from other sources. These tips involved mergers and acquisitions, and enabled him to frontrun the news, profiting handsomely. Boesky was one of a number of arbitrageurs, now called hedge fund managers, and it is unknown how prevalent the practice was amongst his peers. It is known that trading on insider information, frontrunning, stock manipulation, abusive short selling, are all time honored traditions on Wall Street, which were hugely popular with the stock pool operators at the turn of the century. Milken also engaged in insider trading, acting on tips he also received via a network of loosely affiliated Wall Street personalities. He was in a unique position to do so, as his meteoric rise to prominence and his power due to his stranglehold on the junk bond market gave him unprecedented access to the Wall Street favor bank – and tips are the currency of that system.

What is unknown is whether Milken and Boesky and Levine were singularities, or whether they were merely examples of how Wall Street conducted business, and had for over a century. I’ve long held the suspicion that Milken’s exposure got a little help, as it is undeniable that Drexel cut into the rest of Wall Street’s pie. Their prominence in M&A work and the junk bond realm created an environment where established old money players lost a lot of their investment banking revenue to Drexel – something that old money doesn’t appreciate. It is undeniable that those firms quickly regained leadership in that arena once Milken got busted.

The point is that Milken was making billions from his innovation. He had everything. And yet he engaged in a slew of illegal activities, including stock manipulation, insider trading, stock parking – violations of virtually every securities law I can think of. Why would a guy who had everything do that? The answer? Because that is how Wall Street works. Rules are made to be broken, and only a fool doesn’t squeeze every last drop out of a deal. Simple. Either you are  player, or a rube. Chum. Roadkill.

That was the prevailing attitude at the top in the 1920s, in the 1980s, and today.

Fast forward to the allegations against a prominent hedge fund, by Gary Aguirre. One of the defenses I’ve seen is that it makes no sense, that there is no way that a successful fund would trade on insider information and subject themselves to that kind of risk. That is compelling, until you know your history. Once you do, you quickly realize that it is completely consistent with the cynical socio-pathology that is Wall Street’s operating philosophy, and further, is nothing new or innovative. It has been popular since trading began, and will likely be here long after we have shed our mortal coils.

The average American has no idea how the US stock markets work. Most, including those in the financial industry, are clueless as to how the system actually functions, or what the component parts of the machine do. Symphony of Greed describes Wall Street’s larcenous history, and explains in clear, easy-to-grasp terms how the markets operate, as opposed to how most believe they do. It offers a top-to-bottom description of the system, in a straightforward and easily understood manner, and articulates a threat that has grown to epic proportions, and threatens the very integrity of the system - the single greatest financial fraud of our lifetime, whose unwinding has the potential to cause the collapse of the US equities markets.

Here’s a summary of the full book I wrote for an interested publisher:

“Wall Street – where the brightest Harvard, Yale, and Wharton graduates go to make their fortunes. But how, precisely, do they do it? How does Bear Stearns hand out $11+ billion dollars of bonuses in 2005 – a year when commissions have never been lower, the market is in the doldrums, and initial public offerings are all but dead? How can profits skyrocket on Wall Street when the markets have stayed almost flat for the last three years, and discount brokers will do a trade for $7?

This is the central question Symphony of Greed addresses, and along the way, the reader gets a look “behind the curtain”, into the hidden world of Wall Street’s back-offices; into the bowels of the machine. And it is an ugly contraption; one that jealously guards its secrets, and which has trillions of dollars at risk should the public catch on to how the system is being gamed by unscrupulous players.

As we embark on this journey of discovery we’re treated to a mind-boggling array of larcenous miscreants, hiding behind slick ad copy and million-dollar ad campaigns designed to engender our trust. This is the story of the real Wall Street, a sociopathic no-man’s-land where money justifies every sort of illegal and unethical behavior, and where the train is careening dangerously down the tracks, headed for an inevitable meltdown of epic proportions.

We will visit the causes of the Crash of 1929, and the creation of the SEC, and the factors that soured two full generations against investing in the markets. We will explore how one privately-owned monopoly has become the largest entity of its kind in the world, processing $1.2 quadrillion worth of trades per year - and yet the average person has never heard of it, much less knows who owns it. This entity is the de facto registered owner of most of the stocks in the US, and yet its affairs are strictly guarded as being top-secret, and there is no transparency in its actions or its processes.

We will discover how the brokers that are Wall Street have evolved from service groups (where the investor was protected and treated as due fiduciary safeguards), into adversarial predators that opportunistically prey on their victim – Main Street America. We will learn about the unbridled criminality that was the order of the day in 1920s-era Wall Street, and contrast that to today's scandals. We will learn why our regulators are asleep at the wheel, and have allowed the markets to run amok on their watch, and why the impending crisis is of such magnitude that they are paralyzed from taking corrective measures – exactly as our banking regulators behaved in the first 5 years of the Savings and Loan crisis. Our appreciation for this latest and much larger crisis will develop as we apprehend the system that created it - and by the end of the book we will understand the ramifications of a market system gone mad, where counterfeiting and institutionalized fraud are the order of the day. And we will unmask why nobody wants to breath a word about it in the NY financial press, or in government: everyone from the Fed to the states have been forced to make a deal with the devil – allow America to be systematically robbed by a sliver of parasitical humanity on Wall Street, or face the collapse of the financial system as we know it.”

I wrote 60% of the book in the first 5 months, and then had to go back and add more, as the drama developed. Another 20% was completed over the following 4 months or so. I’m now to the point where the final 10-15% can be finished with about 30 days of focused work – easier said than done, with the distractions of this blog, other commitments in the battle, and a slew of projects also vying for my time.

I hope that you find it readable, and encourage you to forward it to anyone you think would find it interesting. Given the Senate hearings tomorrow, perhaps it can provide some context for the testimony.

Anyway, enjoy.

And spread the word. Knowledge, and information, are powerful antiseptics for a rot that jeopardizes our system.

Copyright ©2006 Bob O'Brien
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Comments (73)
Re: Now Uploaded - Symphony of Greed, Intro Chapter By Katrina on 6/27/2006 8:33 AM
Bob, put me down for an autographed copy. I'm going to send this to every person on my email list. Great job.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By mhelburn on 6/27/2006 8:51 AM
I sent a direct link to the pdf file (haven't had a chance to read it myself today) to 12 family members with the invitation to download and share. I know it is great..depressing, but worthy. No doubts.

Thanks.. I think the timing is good. Again, thanks for your geneous efforts. We all know that we wouldn't be where we are without you.

M.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By Granny on 6/27/2006 11:53 AM
Excellent beginning Bob. I just wish it was written long before I ever "invested" our crooked market. Thanks for alerting the world to this sham.
Re: For BobO By Wicked World on 6/27/2006 11:58 AM

BobO-

Maybe I've simply overlooked it but your "bulleted" post above should have its own link or be on or near your site's front page. Or an FAQ-like page. I just revisited the home page and don't see an FAQ.

People today like an FAQ. It's quick and your post above is an excellent model with great "flow" of events.

Yes I've seen the "Getting Started" link. But for most people that is just a doorway into more mountains of reading.

There's going to be a lot more traffic to this site this week and an FAQ is needed!!!
Re: Now Uploaded - Symphony of Greed, Intro Chapter By jnchaney on 6/27/2006 12:02 PM
Good content. gotta spark it up, though. Start with a true story- someone like Bovinepoor- and document his reactions during the weeks of the takedown in march of 04 of NFI- the fall in price, the piling on of "journalists", TV commentators, SEC "investigations" and then the Wiess lawsuit. One man's story as his life savings melts away.
gotta grab that audience!!
Re: Now Uploaded - Symphony of Greed, Intro Chapter By daven on 6/27/2006 12:29 PM
Shelby's campaign contributions break down:

http://www.opensecrets.org/politicians/indus.asp?CID=N00009920&cycle=2006
Re: Now Uploaded - Symphony of Greed, Intro Chapter By IMO on 6/27/2006 12:49 PM
Nice to know the money they stole is going for a good cause...NOT!

Looks like Hirst will refurbish Cohen's rotting shark.

http://tinyurl.com/olhns

Damien Hirst Is in Talks With Buyer Cohen to `Refurbish' Shark

June 27 (Bloomberg) -- Damien Hirst, the U.K. artist whose pickled shark sold to U.S. hedge-fund manager Steven Cohen for $8 million last year, is in talks with Cohen about ``refurbishing'' the work, Hirst's company said.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By hemingway811 on 6/27/2006 12:58 PM
What auspicious timing; the afternoon before the Judiciary Hearing and out comes this little piece:

June 27, 2006 04:04 PM ET
NYSE to Prosecute Stock Loan Abuses

All Associated Press News

NEW YORK (AP) - The New York Stock Exchange is on the verge of bringing enforcement actions against some brokerage firms for stock-lending violations, an NYSE executive said Tuesday.

"You are going to see some significant cases on the stock-loan side of things in the relatively near future," NYSE Regulation Chief Executive Richard Ketchum told reporters after speaking at a securities industry risk management conference.

The violations involve improper use of "finders," people hired by brokers to help them locate securities to complete short sale and other kind of transactions. Some NYSE member firms have been using finders unnecessarily to locate readily available, liquid securities, creating higher costs for the firms' customers, Ketchum said.

He wouldn't elaborate on the timing of the cases or the companies involved.

His comments come as the NYSE regulatory unit has been expanding its staff and activities at a time when its parent, NYSE Group Inc. has become a public, for-profit company.

Last week, NYSE Regulation's enforcement head, Susan Merrill, said her unit expects to bring actions soon regarding short-sale violations by brokers. They include instances where firms lend securities designated for other uses, such as secondary market sales, a violation of what is known as Reg M.

"We've seen some things there we don't like," Ketchum said Monday.

Short sales occur when traders sell stock they don't own in the hope they can buy it at a lower price in time for delivery. Brokerage firms are prohibited from aiding short sales if they know the seller can't cover the trade.

NYSE Regulation also is working on an enforcement action against a large brokerage firm that gave preferential trading treatment to orders from its own hedge fund in which its employees had interests, an exchange official said earlier this year. Ketchum declined comment on the specific case but said his unit is exploring a number of issues involving hedge funds, including conflicts of interest.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 1:02 PM
The FAQ is now up, under, well, FAQ.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By InTheKnow on 6/27/2006 1:20 PM
nd they threw Martha Stewart in jail....

sumbags all!
** Once Again *** By InTheKnow on 6/27/2006 1:21 PM
and they threw Martha Stewart in jail....

scumbags all!
Re: Now Uploaded - Symphony of Greed, Intro Chapter By Little Bo peep on 6/27/2006 1:34 PM
The shit will be cleaned up. If not, the investing American public will not have any investments in the stock market. Do you think that is an option? Word of mouth is the best advertising. This word has seeped to some already. Some people are asking if the stock market is going to crash because of the fraud. If the mass American Public think that for a second it would not be a pretty.
Keep the FOCUS on the job at hand. This has to be FIXED for the SAKE of all Americans. Keep up the great work! After the fix.
You will have plenty of time later for the book.
You could even add an addition chapter titled,
It takes conviction, purpose and value!
Re: Now Uploaded - Symphony of Greed, Intro Chapter By daven on 6/27/2006 1:43 PM
Re: determining DTCC ownership. I would have thought 28% of the DTCC was worth more than that. I wonder who bought those shares.

Note 8 - Related Party Transactions

The Depository Trust Company (“DTC”) and the National Securities Clearing Corporation (“NSCC”) are wholly-owned subsidiaries of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is a holding company that supports DTC, which provides settlement and custody services to banks and broker-dealers, and NSCC which provides trade clearance, netting and settlement services to banks, broker-dealers, mutual funds, insurance companies and other financial institutions.

On March 28, 2006, NYSE Group sold its shares of DTCC common stock, which represented approximately 28% of DTCC’s common stock, for a $23.4 million cash payment. NYSE Group carried this investment at its $2.5 million cost and therefore realized a $20.9 million pre-tax gain that is included in gain on sale of equity investment in the condensed consolidated statements of income. The after-tax impact of this gain was included in the cash dividend paid to each former
NYSE member in connection with the merger of NYSE and Archipelago. As of March 31, 2006, NYSE Group owns 50% of the outstanding preferred stock of DTCC.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By daven on 6/27/2006 1:47 PM
Hmmm, they sold it to "certain" DTCC participants.

"Improved net income - Period over period, net income increased $4.3 million, despite the $20.8 million decrease in operating income, primarily as a result of the $20.9 million gain recognized on the sale of shares of DTCC common stock to certain DTCC participants in March 2006, and the $5.8 million contribution of NYSE Arca for the three months ended March 31, 2006."
Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 3:18 PM
I just finished a polish of Chapter two, and have to say that those sections, espcially the parts covering the Pecora hearings, are depressing, in light of Refco, and tomorrow's hearings. There are no new ideas, and this has been going on for a long, long time.

A long time. Names like Rockefeller, JP Morgan.....history is a harsh mistress.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By daven on 6/27/2006 3:23 PM
There are no new ideas...

They were "desking" trades even in the 1800's. The brokerage takes your money, but doesn't buy any shares.

"These were places where people would enter trades, but no actual trades were executed; they were betting against the house. Most people would lose money to the bucket shops due to fluctuations in stocks that would wipe out their slim margins."

http://www.answers.com/topic/jesse-lauriston-livermore
Re: Now Uploaded - Symphony of Greed, Intro Chapter By aldigit01 on 6/27/2006 3:25 PM
Back in the early days of data communication, a Sprint accountant put together a startling report which ended up working it's way up the chain of command to the uppermost reaches within the company. The conclusion was that at the rate that Sprint was deploying new data lines (T1 lines back then) and the rate that companies were buying these T1 lines to link their lofations, that within a few years, they'd be "all done". Meaning that they would have run out of lines to sell.

Obviously this met with a certain amount of consternation by the execs and they set up their best and brightest to figure out a plan of action. Their response multiplexing so that multiple customers could share the same lines. Of course, their statistics wizards realized that not every customer would want to use their full subscribed bandwidth at the same moment so provisions were made for the network providers to sell more bandwidth to their customers than they actually had.

And this has worked fine. Because they weren't overly greedy and used statistical modeling to determine how far they could go before customers would start noticing that they weren't getting what they paid for. And they left adequate room so this never happened.

Seems like these guys were much smarter than the WS naked short selling scum who has let their greed get the better of them.
hedge loans By daven on 6/27/2006 3:36 PM
Another must read article from the RGM site.

http://www.rgm.com/articles/ft8.html
Re: Now Uploaded - Symphony of Greed, Intro Chapter By Little Bo peep on 6/27/2006 4:04 PM
http://www.rgm.com/articles/ft8.html
Sounds like this guy nailed it to me. So the laughter and ridicule is just on the exterior huh? Are we still the crazies and misfits? They won't take our tin foil hat will they? Excellent work. Why can't they just take the money out of their freezer?

Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 4:08 PM
Read the latest now linked at the top of this blog.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By anon on 6/27/2006 4:40 PM
I believe I heard a piece on CNBC today that oil was pushed up over $20 a barrel higher than it should be, by speculating traders. These crooks should be jailed for treason.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By sealman on 6/27/2006 4:41 PM
I thinik you should self publish a "preview edition" offering a limited number of signed copies at $100 each. I'll be one of the first to order one.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By Little Bo peep on 6/27/2006 4:57 PM
That article is explosive.
I understand not wanting to put to much in the press now.
If they are going to "FIX" the free lunch card and force the naked shorts to cover.
It appears somewhat slanted. It doesn't sound like he supports Bush. I am not convinced yet that all the blame is Bush. Mr. John Mack could be the rotten egg here. He may have played both sides. George Soros hates Bush. Does he play any part in the media? The stories about tracking people and money sounded like bullshit to me. That might be how they found out some things they needed to know. Regarding this drama. Who knows? The layers are very "DEEP". Many companies. So maybe, just maybe they are trying to figure out how to right the wrong. Anyone in business understands red tape and if you have ever managed anyone. You have to trust that what your team players are telling you until proven different. So it is possible he had smoke blown up his ass. I mean look at what Mr. Richard Shelby did and then tried to back track. However, there is NO DOUBT NOW that BUSH is aware of it all. When the real issues are FREE LUNCH CARDS FOR HEDGE FUNDS AND NAKED SHORTING. In my opinion the poison is on both sides.
If it they attemp to cover up the lies or protect Mr John Mack. My view will change.
Tomorrow will tell the story. Judgement day.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 5:19 PM
Not a bad idea. My sense is that the fiction will sell much larger than the non, as the genre and the experience is much more fun - and yet a lot of the same broad themes are carried across both.

Let's see how the next few months go.

I think the bullet points handily summarize the high notes, and the book is the meat. The one thing I want everyone to get, though, as a takeaway, is that Wall Street's most revered names in the 1920's were universally rotten to the core, and were shown to be so in the Pecora hearings that gave birth to the SEC. The SEC was supposed to fix the danger of pools of unregulated, anonymous money moving the markets to their whims.

This has been going on for a long time, and any journalist that pretends that it is all a shock and surprise is either a dolt, or a liar. IT IS AN INSTANT REPLAY OF 1933. As was the Milken/Boesky period.

I maintain it never changed. I don't see a lot of evidence that it has.

Again, a little history is a scary thing.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By InTheKnow on 6/27/2006 5:21 PM
We must not forget the bullcrap that Shelby tried to hand us. This guy as head of banking is scary.Like what the hell is wrong with these people? Do they have a goddam moral bone in their bodies. They are all full of shit.

Let see how these people handle this tomorrow. We will see who the scumbags are in an instant. We saw our first yesterday.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 6:09 PM
Here are a few interesting links:

A series of letters as well as a reply, from Senator Shelby - from 2005!!! And the letters are brilliant - from an attorney who clearly grasps the nuance of the issue. But he goes on national TV and insists that he's never been told that NSS is fraud...

http://www.thesanitycheck.com/Forums/tabid/64/mid/392/threadid/480/scope/posts/Default.aspx

Here's the sudden SEC announcement that they are censuring MS for not policing HUNDREDS OF THOUSANDS of employee accounts for insider trading - today - over a period that is from years ago.

http://www.sec.gov/news/press/2006/2006-103.htm

And here we have the NYSE also making a big to do about clamping down on Hedge Fund abuse of stock lending - again, the day before the Senate hearings. Not even announcing that they have done anything, only that they are considering, or preparing, to do something. I wonder what the liability is to the publicly traded exchange if it is found to have aided the specialist and the prime brokers in covering-up their defrauding NFI shareholders in that case? I bet that one goes RICO - that's my bet.

http://www.newsday.com/news/local/wire/newyork/ny-bc-nyse-stockloans0627jun27,0,3880769.story?coll=ny-region-apnewyork

Busy day. Lots of stuff hitting. Bad week to be a bad guy so far, although I note that someone was slamming NFI today, as were they slamming OSTK - a company for which literally no shares exist to sell.

Funny, that, no?
Re: Now Uploaded - Symphony of Greed, Intro Chapter By Little Bo peep on 6/27/2006 6:19 PM
I agree with "InTheKnow" If they do NOT do the right thing tomorrow.
It becomes "no holds bar" The sleeping "GIANTS" will be WIDE awake!
If they want to be trained like some people house break dogs. Rubbing their nose in shit. Then so be it!!! We the people............they ain't seen nothing yet!!!
They will do what is right. There has to be SOME souls there not bought!
Re: Now Uploaded - Symphony of Greed, Intro Chapter By blackbartpo8 on 6/27/2006 6:20 PM
Bobo- I guess they have pre-released Gary Aguirre's testimony for tomorrow. Damage control? Being posted on OSTK yahoo board and has been posted elsewhere earlier.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 6:49 PM
Blackbart: That looks suspiciously like the 18 page letter he sent to Congress. As in verbatim in most of the passages. Could be genuine, could be bogus. We only have a few hours to wait to find out...
Re: Now Uploaded - Symphony of Greed, Intro Chapter By rtway1 on 6/27/2006 7:11 PM
I like Charlie Gasparino because his roots are from a consruction background and he is person who understands and respects the working class. I also think he is street savvy. I also noticed he never backed down from anyone. I would like to see him be a moderator or ask questions. The public could trust Charlie a lot more than Herbie the wimp.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By aldigit01 on 6/27/2006 7:15 PM
Bob,

Just wondering if you might you be the first blogger to win a Pulitzer; someone's going to win one covering the story.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By Mississipibluffs on 6/27/2006 7:18 PM
Pointing fingers of blame at this one or that one would be a never-ending story. For every one removed from the game, another will appear.

The problems here are long-standing, institutional, and so deeply embedded only a political tsunami can make a difference.

I hope we are seeing that wave on the horizon.
"Finders" By Wicked World on 6/27/2006 7:33 PM
"Finders" is a new term to me. Would someone put a name with this?
Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 7:57 PM
Finders are companies or individuals hired to locate stock - or rather, to create the plausible deniability of having located stock, thus meeting the very thin requirements of Reg SHO.

It's always been interesting to me that Congress mandated a prompt delivery, and yet the idea of a locate could replace a hard borrow in the regulators' minds. It is madness.

Where's the GD money you owe me?

Uh, well, I located it.

Where is it? Did you borrow it to pay me off?

No...but I've been told that my friend knows where some can be found...

This isn't tough. It's actually easy. The rules are idiotic, and deliberately so - the product of lots of lobbying by the securities industry to ensure that there will always be loopholes large enough to drive the Empire State Building through.

This is a corrupt system. It has been so for a hundred years, at least. A lot of the big money in NY was made due to the crookery in the market - Kennedy, Rockefeller, Chrysler, you name it, they were all in stock pools, running elaborate manipulations. The Pecora testimony is mindboggling, and makes Refco seem like girls cheating at jacks.

Tomorrow, the Senate has a chance to initiate a real change. We shall see if that occurs. Anyone want to place bets?
C-SPAN2 By Wicked World on 6/27/2006 8:06 PM


http://inside.c-spanarchives.org:8080/cspan/schedule.csp

Currently indicating a Live Senate Session to air at 9ish in the morning.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By Little Bo peep on 6/27/2006 8:14 PM
You are the best Easter Bunny EVER! Nice work.
I am sure you are doing this...just thought I would throw it out there.
A spreadsheet with each Senator for each state to keep a log of all remarks/actions. You might need two sheets for some. Not to mention any names.
Keep copies of all media reporting. List of all companies paid to whom/when.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By Millerd1 on 6/27/2006 8:15 PM
I'd like to be the first to nominate Bob O'Brien as our SEC commissioner. O'Brien is the nearest living reflection of a Teddy Roosevelt's spirit and drive that I have ever known in my life. I have never physically met him , but I do think I know the motivation, mind and morals of this man among men.

If we stand with him we will come through this in a very rewarding fashion.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By bphaere on 6/27/2006 8:28 PM
Best Quote of the Day is by Little Bo peep:

"You are the best Easter Bunny EVER!"
US Money Laundering Threat Assessment By robelita on 6/27/2006 8:36 PM
http://www.ustreas.gov/offices/enforcement/pdf/mlta.pdf


Noticably absent-the SEC and the DTC...
Re: Now Uploaded - Symphony of Greed, Intro Chapter By HOGS at the TROUGH on 6/27/2006 8:39 PM
I sent SENATOR SHELBY sixteen(16) emails in 2005 concerning naked shorting. I am still waiting for a response to any one of those sent. Why would a Senator in his position ignore naked shorting? Could it be that he risks alienating his wealthy friends? Is he corrupt? Has he been bought off to look the other way? I am not alone in this frustrating exercise with Senator Shelby.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By ginger on 6/27/2006 8:53 PM
These letters to Sen. Shelby should be framed and hung around his neck.

http://www.thesanitycheck.com/Forums/tabid/64/forumid/5/threadid/480/scope/posts/Default.aspx



Re: Now Uploaded - Symphony of Greed, Intro Chapter By ginger on 6/27/2006 8:59 PM
Here they are ...

http://www.thesanitycheck.com/Forums/tabid/64/forumid/5/threadid/480/scope/posts/Default.aspx
Re: Now Uploaded - Symphony of Greed, Intro Chapter By ginger on 6/27/2006 9:01 PM
The ending gets truncated.

This is the ending:

..... 480/scope/posts/Default.aspx
Re: Now Uploaded - Symphony of Greed, Intro Chapter By friendofthedevil on 6/27/2006 9:15 PM
... bobo, perhaps you are right about the tipping point. Great chapter. Get that book out fast. fotd

from today's WSJ - ending with a quote from Josh Galper (introduced to us by you)
Suits Focus on Street's Role
In 'Naked Shorting'

By RANDALL SMITH
June 28, 2006; Page C1

Wall Street's biggest securities firms face a pair of civil-antitrust lawsuits over the role they play in the practice of "naked short selling," which can drive down the price of certain stocks.

The lawsuits, brought by two trading customers, charge that the Wall Street firms' "prime" brokerage operations, which cater to hedge funds and other professional traders, often charge fees for borrowing stocks without actually borrowing them.

Defendants in the case include the 11 largest prime-brokerage operations, led by Morgan Stanley, Bear Stearns Cos., and Goldman Sachs Group Inc., which held a combined 60% share of that market at the end of 2004, according to the Lipper HedgeWorld service-provider directory.


A spokesman for Morgan Stanley said, "We think the suits are wholly without merit, and we intend to defend ourselves vigorously." Officials of Bear and Goldman declined to comment.

Short sellers, who aim to profit by selling borrowed shares and buying them back later at a lower price, routinely rely on prime brokers to locate stock available to be borrowed for such sales. The brokers offer stock lending among other services, including financing and bookkeeping.

The world of short selling will be on display today at a Senate Judiciary Committee hearing on the relationship between hedge funds and securities analysts.

In naked short selling, short sales are executed without borrowing or arranging to borrow the securities in time to deliver them to the buyer within the standard three-day settlement period after the trade. A Securities and Exchange Commission rule, Regulation SHO, curtailed naked shorting. But the lawsuits note that failures to deliver have declined only 20% since the rule's adoption in January 2005.

One of the lawsuits, by Electronic Trading Group LLC, which was filed in federal court in Manhattan, says the prime-brokerage services collusively condone "chronic failures to deliver by which clients are charged for 'borrowing' when in fact no borrowing actually takes place."

The lawsuits say the brokers charge fees of as much as 25% annually for hard-to-borrow stocks to which they mightn't be entitled. The prime-brokerage firms act reciprocally to avoid forcing delivery for each other's trades, the lawsuits maintain, adding that the firms instead operate a system of "phantom," book-entry transactions.

The Electronic Trading Group lawsuit was filed April 12 by Entwistle & Cappucci LLP, which also represents the other plaintiff, Quark Fund LLC. Both trading firms are less active than they were previously, said Vincent Cappucci, the firm's lead partner on the case.

Some traders agree with some of the lawsuits' allegations, according to interviews with people on Wall Street. But other potential plaintiffs are "concerned" about going public with such assertions, fearing a possible loss of access to Wall Street services, Mr. Cappucci said.

The lawsuits highlight the obscure mechanics of short selling, which are under scrutiny by regulators, including the New York Stock Exchange, in the decline of Vonage Holdings Corp., an Internet telephone-service provider whose stock price has tumbled 48% since its initial public offering May 24.

Vonage's stock encountered heavy short selling on its first day of trading, and NYSE regulators have asked Wall Street brokers for records of trades including short sales, and how naked short sales were handled. Vonage shares have been listed as hard to borrow since the IPO, and its shares also have experienced high rates of delivery failures -- another sign of naked shorting.

Some short sellers say they can't knock down stock prices because of "uptick" rules limiting such sales when prices are falling. However, the SEC has a pilot program exempting about 1,000 stocks from the rules, which also don't apply to some trades off the stocks' exchanges.

Josh Galper, managing principal of Vodia Group LLC, a financial-services consultancy in Concord, Mass., says the lawsuits may threaten the profit margins of the prime-brokerage business.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By friendofthedevil on 6/27/2006 9:20 PM
...and Jesse Eisinger's contribution to Market Beat:
I sure hope someone besides him covers this story for the Journal this week.
fotd

Tomorrow's Testimony Today - links active at the WSJ's on-line site

Thanks to a person familiar with the thinking of one of the witnesses, MarketBeat has an advance peek at tomorrow's testimony from witnesses expected to be called by the Senate Judiciary Committee in a hearing on hedge funds and independent research.

Some highlights:

• "Whistleblower" Gary Aguirre's testimony (112K Word file) looks very similar to his letter to Congress, including his dubious tour of Wall Street history and insider-trading allegations against an unnamed hedge fund, which we know is Pequot Capital.

• Several of the testifiers are tied to the Biovail lawsuit against hedge fund SAC and Gradient, including Biovail lawyer Marc Kasowitz and Demetrios Anifantis, who is a former employee of Gradient. Gradient has said that Mr. Anifantis's deposition in that suit is not accurate. Read Mr. Kasowitz's testimony here (523K PDF file). Read Mr. Anifantis's testimony here (45K Word file).

• Howard Schilit, the founder of the Center for Financial Research & Analysis, has a bunch of proposals meant to increase the independence and cleanliness of the independent-research business. He wants firms to give all subscribers the same reports at the same time; the formation of an oversight board similar to the accounting industry's; and a requirement that firms not have investment businesses or trade in the names that they cover. Read Mr. Schilit's testimony here (33K Word file).

• Kim Blickenstaff, the CEO of a medical diagnostics company named Biosite, alleges that a research firm called Sterling Financial disseminated negative research that contained "numerous inaccurate or false and misleading statements, which ultimately lent volatility to the stock's performance, thereby harming many of our long-term, fundamentally based investors." But the stock is higher than it was then, so it's not clear how Sterling Financial hurt long-term investors. Presumably, Ms. Blickenstaff will explain. Read her testimony here (32K Word file).

• Owen Lamont, an economist at the Yale School of Management, will ask the question, "Hedge funds and independent analysts: How independent are their relationships?" Read his testimony here (34K PDF file).


Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 9:27 PM
So Jesse, who was stalking me, and was thrown out of a retirement community after being cited for tresspassing, feels that if you attempt murder, but the victim winds up alive and healthy, then no harm done. How surprising. How surprising that Gradient, who lied about reporters having real time access to their material, would insist that Dimitrios is lying, as well.

How do these guys keep their jobs? Oh, wait, look who he works for.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By investor_and_trader on 6/28/2006 4:49 AM
Bob, if a publisher doesn't pick up your book when it is finished, sell it online. There are procedures and places on the internet where one can sell completed manuscripts and allow buyers to download them after paying for them via penpal or a credit card.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By Little Bo peep on 6/28/2006 7:38 AM
ginger says:
These letters to Sen. Shelby should be framed and hung around his neck.
Now that is hysterical.
You would have to use some sort of steel wire that could not be cut and it would have to be like a collar he couldn't take off over his head. Otherwise he would say he didn't see them.
Someone must be witing a movie about this now.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By ckza on 6/28/2006 11:57 AM
Bob:

Few on this planet could articulate the messages which must be heard by all Americans, and which you are sharing in your soon to be released book. I have contemplated writing something similarly, so that Americans would be better advised to shun, "The Den of Thieves" and "invest" in themselves rather than expose their hard earned capital to these hucksters on Wall Street.

Speaking of messages, the main purpose for this one is to request that you include references to the "Financial Message Boards," but specifically, the collusion that seems to go on there amongst the "market makers" who use various "key words" or "triggers" for eliciting the "coordinated" responses relative to "share prices" that they desire to change by decree.

I have always suggested that an ombudsman should be assigned to those boards, and that no person who participates should there should be allowed to do so on an "anonymous" basis.

Personally, I wouldn't mind if they opened the market once each "quarter" to "peg" valuations and provide the opportunity for sellers and buyers to meet four times per year instead.

Imagine the transparency behind that kind of system?

Moreover, imagine how many bright, mostly talented, currently "counter productive," Wall Streeters might find something more beneficial to do for their society as a whole?

Keep fighting the good fight, and thank you.



Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 9:23 AM
Morgan Stanly just agreed to pay $10 million for lax enforcement of procedures against insider trading.

Huh.

$10 million - wonder who has been insider trading there? That's a gnat slap, but isn't it fun how many fines we see every year for violations - and yet never with any admission of wrongdoing?

How nice.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By J on 6/27/2006 9:39 AM

bobo,

when can we expect to see the finshed work published?
Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 9:41 AM
J. Depends on when I finish it, and whether a publisher is willing to pick it up. That is an odd game, and there are no guarantees.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By sealman on 6/27/2006 9:46 AM
Excellentomundo Bobo. I sent Ch. 1 .pdf to everyone I know. Every snowflake counts.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By hemingway811 on 6/27/2006 9:53 AM
Not a single one of MS's employees was charged with insider trading. Their pps is now in the green $ .24.

SAN FRANCISCO (MarketWatch) -- Morgan Stanley agreed to pay $10 million to settle Securities and Exchange Commission claims that the investment bank failed to properly monitor potential insider trading.

From at least 2000 to 2004, Morgan Stanley (MS : morgan stanley com n
failed to check hundreds of thousands of employee and employee-related accounts to see whether securities on its watch list were being traded on the basis of inside information, the SEC said.

Securities go on the bank's watch list when it has inside information about that company. Roughly 3,000 firms were on Morgan Stanley's watch list from at least 1999 to 2003, but the bank didn't conduct daily surveillance of trading in some or all of those 3,000 securities, the SEC added.

Morgan Stanley also failed to identify about 30,000 employee accounts that were held outside the company between 1997 and 2005, the agency said. Trading in 900 employee accounts and trading of certain derivatives weren't monitored, it added.
Morgan Stanley agreed to pay the penalty but neither admitted to nor denied wrongdoing.

Once problems were discovered, the SEC said Morgan Stanley reviewed its surveillance procedures and began to correct deficiencies. The bank also cooperated with SEC staff and reported additional surveillance problems when it found them, the agency added.







Re: Now Uploaded - Symphony of Greed, Intro Chapter By rtway1 on 6/27/2006 9:58 AM
A home run by any measure. Proud your are on our side and we have access to you. I hope some of these people on that panel Jun. 28th read this little peice before the testimony. Thanks a ton.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By bobo on 6/27/2006 10:03 AM
Send it to them. Feel free. Their emails are well known.
Re: Now Uploaded - Symphony of Greed, Intro Chapter By msucog on 6/27/2006 10:05 AM
doing my best to spread the word Bobo. just be sure to include a nice thick chapter about media manipulation, crooked analysts, and the massive conflict of interests between them both and hedge funds. put me down for 2 copies--one for me and one for Jacoby over at BoA...
any chance of getting a sneek peek at the table of contents?
Re: Now Uploaded - Symphony of Greed, Intro Chapter By hemingway811 on 6/27/2006 10:12 AM
June 27, 2006 01:42 PM ET

Hagel in call for hedge fund hearingsadvertisementRelated information E-mail this article Print-friendly version

All Financial Times NewsSigns emerged on Monday night that closer scrutiny of hedge funds was back on the agenda for US lawmakers after a key Republican on the senate's banking committee called for further hearings on the industry.

The move, by Nebraska senator Chuck Hagel, comes a month after he chaired a committee meeting which concluded that the industry needed no further regulation beyond registration with the Securities and Exchange Commission.

But last week a US appeal court struck down the SEC's registration rule, throwing open the question of whether the SEC should or was even qualified to regulate hedge funds and their advisers.

Mr Hagel said: "We need to take a look at what is responsible and appropriate oversight with regard to hedge funds. This will require further