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SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial

Location: Blogs Bob O'Brien's Sanity Check Blog    
Posted by:   bobo 7/26/2006 11:28 AM

UPDATE: Read the entire 89 page FFH complaint here. Take the time. It is completely worth it.

If it sounds suspiciously like a certain conference call from a year and a half ago, we can just attribute that to dumb luck on my part, right? I mean, how plausible is it that I saw exactly how this was being played out, and the rest of the regulatory and media machine was oblivious to it? That's just crazy talk, right? Anyone curious should go back and carefully read the transcript of the January 2005 OSTK conference call for the blow by blow.

It's interesting that the miscreants in this, also some of the miscreants in the OSTK suit, embark on a "destroy the company's prospects and reputation using any means at our disposal" approach, which includes all the usual, as well as massive naked short selling. Where else have we seen that? It's almost so familiar to readers of this blog, that it is hard not to understand how blatant the approach is. And yet we still are greeted with this weird, breathless avoidance of the obvious by certain segments of the press and the regulatory scheme.

I can't wait to see the way that the captive NY press plays and spins this. Watch for all the familiar names to deny the charges, carefully laid out and documented, and instead attack the company. Because you can't have a network of miscreants who pay large fees to virtually everyone being exposed as a criminal network of racketeering scumbags, now can you? That would never do. Also, expect the regulators to continue their game of hear no evil, even as more highly specific, verifiable charges come to light.

If I was them, I'd try to play the old "First Amendment" card again, and paint the company as trying to stifle the voice of dissension. Anything to get folks to forget that we've seen this little vignette played out numerous times, with the exact same set of captive journalists, paid for analysts, rogue hedge funds, and co-opted regulators and prime brokers.

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

Huh.

Fairfax is suing the whole gang of SAC-cartel hedge funds, including our favorite, Rocker Partners/Copper River. Alleging racketeering, stock manipulation, the whole 9 yards. Put a $5 billion price tag on it, too.

Fairfax, who has been attacked by all the usual "disinterested" journalists over the last year, filed suit in New Jersey.

How dare they.

You know, we paranoid loons see the same 10 journalists attacking all the short picks of a loosely affiliated group of hedge funds, and see them languish on the SHO list for many months (if not years), and see their boards overrun with bashers, and see class actions and regulatory probes brought by the usual helpful suspects, and we tend to say, "Wow, what are the odds of that happening exactly that way, AGAIN?"

Fortunately, the SEC and the SROs seem incapable of recognizing the same pattern that is evident to us, and thus allow these hugely influential and wealthy entities to pursue their dreams undisturbed by regulatory obstruction.

How nice that the same folks who, with a straight face, claim that grandfathering is good and wholesome, and can't even bring themselves to use the words naked short selling, are on deck, to ensure that these persecuted billionaire hedge fund managers are not interrupted in their pursuit of Gates-level fortunes, created solely by stock trading.

I have never been prouder. How many more suits must the markets see against these brave freedom fighters before they say, "Enough! Can't we all just get along?"

Perhaps another dozen articles on how helpful these victimized short sellers are in protecting God and Country from the perfidious corporations that would sully their good names are in order.

My hope is that we can have a gala event, where Herb, and Jesse, and Alpert, and Nocera, and Carol, and Bethany, and Roddy and Chris, as well as a few Motley Fools and quisling bloggers, can all get together and sing the familiar refrain in perfect harmony: "Hedge funds are good, short sellers are good, market manipulation is a thing of the past, billions are innocently made by a lucky few when others can barely beat the indexes..." Perhaps Cramer can come bouncing out and give us 10 stock picks, 6 of which will be wrong, all the while proclaiming himself to be a Wall Street wizard?

There wouldn't be a dry eye in the place.

Patrick was right. This has gone from tragedy to farce.

 

Copyright ©2006 Bob O'Brien
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Comments (23)
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By mhatmccane on 7/26/2006 2:19 PM
Speaking of Herb and Jesse et al, were they named in the NFI shareholders lawsuit? Were subpoenas issued ?
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By nopullnoshow on 7/26/2006 2:44 PM
Matthew Goldstein at theStreet.com covers it with a few more details...

Link: http://www.thestreet.com/_googlen/newsanalysis/wallstreet/10299695.html?cm_ven=GOOGLEN&cm_cat=FREE&cm_ite=NA

*************************

Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By flash on 7/26/2006 2:49 PM
We have enough graphic content from this site (Herb in the jailbird suit, Cramer giving the world the finger, Bobo's cartoons) that someone with an artistic bent could make a Flash video.

I imagine the Dow Jones bobbleheads as the chorus in the background with Cramer popping up with the finger and the BS'd supoena everytime the regulators start singing.

The rascally easter bunny can knock over cans of ink as they try to run their share counterfeiting press.
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By bobo on 7/26/2006 3:41 PM
Flash: the idea of my "art" being animated is offensive. I work in MS paint, and sometimes in broken glass and clay made from pig offal, as a deeply poignant commentary on the post modern eclecticism first captured by a few rogue fauvists. to desecrate my important work with such triviality is, well, deeply disturbing to my delicate psyche.

How dare you.
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By flash on 7/26/2006 3:48 PM
My apologies...

Imagine Bobo in the modern style of, say, Southpark.

Regarding your book, it seems far fetched that there could be such corruption in the markets without a peep from the media or outrage from the masses.

Better make sure they use the dewey decimal number for the category "fantasy".
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By msucog on 7/26/2006 4:09 PM
seems to me that the best way to not stick out like a sore thumb is to mingle among those of the like...
the masses have had faith in the system because the system never seemed broken from the outside...when the manipulators are running the system, why would they tell you it's broken?
when a cop passes you doing 90 mph on the highway with lights flashing, do you call 911 to report them speeding? now what if you saw the same thing and then saw that cop pull into a doughnut shop?
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By bobo on 7/26/2006 4:47 PM
Far fetched? You mean, as far fetched as hedge fund stealing billions from Mutual Fund investors via market timing and late trading? As far fetched as analysts pushing stocks they knew were garbage? As far fetched as hedge funds trading on inside information in the biomedical business, and buying insider info? As far fetched as hedge funds suing prime brokers for collecting fat lending fees for shares they never borrowed?

I could go on for an hour. Those are documented cases, which appeared in the media. The problem is that the media is compromised - at least the NY financial press is, as they are beholden to the mega industry they fawn over and collect advertising dollars from.

You are either extremely naive and uninformed about your recent market history, or are merely trying to bait me - won't work, as I can produce reams of documented cases where Wall Street was caught red-handed, and yet the masses stayed complacent - largely due to the media downplaying the severity of the ramifications.

Fortunately, some large companies are putting their money where their mouths are and suing, which will drive exposure.

While you are busy with the clever quips, you can start by looking at the recent article wherein 4 large prime brokers were fined for naked short selling, exactly as my book describes. Try quipping that away. Then you can move to the host of other scandals - actually, my favorite example of rampant corruption in an entire industry that was widely covered up by the media and the government, and for which there was no outcry from the masses until after the whole thing had blown up, is the S&L crisis, where a group of miscreants systematically looted the thrift industry over a 6 year period.

Did that also not happen due to its far-fetchedness?

Have you ever read the Pecora hearing minutes? Even an account of them?

Educate yourself and then come back.
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By davidn on 7/26/2006 5:48 PM
You've been right every time bobo. There is no sense arguing with anyone who plays contrarian as a stalling tactic. The more time we spend trying to prove we are right, the less time we are spending bringing the thieves to justice.

This OTC short list will turn out to be BS, too.

There is something strange that instead of a 0 share short position, there are so many stocks with a 1 share short position.

Maybe DeCosta has some insight into what advantage it creates for the clearing houses to be short 1 share in a $.001 stock.
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By jimmyho on 7/26/2006 5:56 PM
Read the entire 89 page filing at www.fairfax.ca

It's shocking and all so familiar. Someone has a huge mess to clean up!
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By msucog on 7/26/2006 6:02 PM
i was skeptical when i first came around...i kept coming back and so far bobo has been on the money. it seems the more you dig the more you find...the more you dig in what you've found, the more you keep finding...it's a never ending trail to leads to everyone. if there is no corruption, then what harm is it to at least question and find nothing? it's our responsibility to ask the question...it's our money that is being stolen...
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By hwh on 7/26/2006 6:07 PM
SSSHHHH..."Listen, sir. This company has a new technology that could potentially render your investment in company XYZ obsolete. If you just let us interpret the law in a certain manner, we all share the spoils and only the speculators lose anything."...hwh
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By hwh on 7/26/2006 6:12 PM
Is there not something inherently wrong with the most powerful financial czar in the world not being required to place his/her assets into a blind trust while in office?

Homework: Check the list of members of the FED, SEC, & NASD, NYSE, etc who enjoy this same priveledge. Only elected officials are required to do so & don't think their money isn't with firms such as Rocker. My guess is there are many who have locked away some bucks with such firms...hwh
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By revealer on 7/26/2006 8:44 PM
IMPORTANT! Hey everyone check this out- the website for "The Offshore Naked Short Fund" located in the British Virgin Islands: onsfinancial.bravehost.com/fund.html Proves what's going on in black, white, and color! Perhaps everyone should forward this to the various politicians, and state and federal regulatory bodies.
Good work Bob/"bobo"!!! Consider what follows: By "bartermania" on 7/26/2006 8:47 PM
Hello my friends and champions of the crusade to end NSS/FTD's

Consider this:

I just wanted to let you know that my "NO QUARTER FOR CORRUPTION (Focussing on The Fed./FRBS)...[It used to be a board completely dedicated to NSS and shorting issues...created in Jan. 2005]" (link: http://www.investorshub.com/boards/board.asp?board_id=3319 ) board is really the focus of a very important and hot topic for both this country and the people of the rest of the planet right now. IT'S ABOUT THE FEDERAL RESERVE BANK...AND THE PERPETUAL DEBT SLAVERY THAT OUR CENTRAL BANK AND CENTRAL BANKS AROUND THE GLOBAL ARE CURRENTLY INVOLVED IN AND PUSHING.

My board covers all of this and it's all very well fleshed out there.

Now Aaron Russo's movie "America: Freedom to Fascism"

Aaron Russo's "America FROM FREEDOM TO FASCISM" Opening July 28th
http://www.freedomtofascism.com/
Watch trailers/previews:
http://freedomtofascism.com/trailer/video/afftf_med_400.wmv
http://freedomtofascism.com/trailer/video/aff2f_trailer02.wmv

is set to open in theaters this week! Aaron's movie is largely about how there is no law that says American's working in the US have to pay taxes to the IRS. Also, just recently...it seems this group and their site has made the connection...connected these problems to the real/true source which is our Federal Reserve Banks and system. Ie. their unbacked fiat money debt scam...which was fraudlently foisted and legislated onto the unwilling and unsuspecting US people. The vast majority of the planet's societies are also shackled with the same scam.

So, what I'm trying to say is that if, you want to do something positive...I recommend that all the good folks here see this movie and sign the petition that's now on Aaron's site, to shut down the Federal Reserve.

Links: http://www.ipetitions.com/petition/AFTF_P_1/
http://www.freedomtofascism.com/index.html

Thank you!

ps. These same folks seem to be the ones responsible for naked short selling and stock manipulation as well. They have no morals and their greed and corruption know no bounds.

Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By rtway1 on 7/26/2006 8:50 PM
Flash your rhetoric is getting as stale as old wine. Usually people of your ilk are on top of the worlds new revelations and news so as not to be undone by your peers. Well obviously your head and ass have been interchangeable so that you can not read or decipher what is now in the main stream media. We hear at this site have waited long and patient to answer these queries with validation and proof. So I will resonate what the bunny said and take it a step further, post your bullshit somewhere else, you have been exposed.
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By rtway1 on 7/26/2006 9:12 PM
A year or so ago the bunny and the good Dr. predicted that miscreants would be coming out of the woodwork to either save their asses or be part of the reform. I myself predicted that Cramer and Herbie would be throwing one another or their friends under the bus. I love Karma. Watch and listen the episodes are about to unfold. My only wish is that Cramer and Herbie go down big enough for prime time news to cover it. Booyah asshole
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By SteveM on 7/27/2006 5:13 AM
rtway,

You owe me my dry cleaning bill. "Booyah asshole", indeed. Too funny!
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By hemingway811 on 7/27/2006 9:26 AM
July 27
SEC Chairman Cox and Specter to discuss hedge funds

Senate Judiciary Committee Chairman Arlen Specter is ramping up
his investigation of hedge funds by calling on SEC Chairman Christopher Cox for a private meeting to discuss what he believes is the agency's poor record in cracking down on fraud and abuse in the business, CNBC has learned.

The meeting, which could take place as early as next week, comes after a former SEC investigator, Gary Aguirre, said he was fired from the commission when he tried to take testimony from Morgan Stanley CEO John Mack in an investigation of possible insider tradingby the large hedge fund Pequot Capital. Aguirre has said that Mack was the possible leaker of insider information to Pequot, a charge that Mack denies, and one that at least initially the commission didn't take seriously.

But the SEC recently did an about-face, and has now called Mack to give a deposition in the Pequot case. CNBC has learned that Mack will give his testimony next week, and according to people close to the case, the SEC is concluding its investigation into Pequot. Mack's testimony will be one of the final official acts before the commission decides whether to drop the case or file charges, these sources add.

Specter is expected to question Cox on a number of issues involving Aguirre's investigation, but also the broader issue of how well the commission investigates hedge funds, according to people close to the matter. These people say that while Aguirre doesn't appear to have a smoking gun that points to Mack violating insider trading laws, Specter believes that the agency erred in not taking Mack's testimony earlier, and will likely point that out during the meeting.

One interesting point: Specter's foray into hedge fund regulation could set up a nasty political battle between the Senate Judiciary Committee and the Senate Banking Committee, which has direct oversight of the SEC.

Charles Gasparino - CNBC
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By bobo on 7/27/2006 9:33 AM
Note that Pequot is one of the funds named as part of the facilitating hedge cartel in the FFH suit.

I guess the real question is, what does it take to get justice, and how crooked and rigged is the market? Look at the broker stocks. Mack about to go on the grill, and the stock is near an all time high. Makes no sense.
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By mhelburn on 7/27/2006 9:42 AM
Buried within the complaint is reference to Pequot. Gee, if John Mack is "untouchable" and is/was associated with this enterprise, who else is untouchable and not being scrutinized by the SEC? The tactics used against Fairfax are so similar to the wiretapping, intimidation, lies we have previously documented with other companies. I want to know who that NY journalist is that is mentioned in the complaint. Wonder if it is a familiar name to us? There is no randomness in any of this. These guys are the lowest element of society. I just hope they don't die from stress before they go to jail.
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By mhelburn on 7/27/2006 9:51 AM
Bobo,
I didn't read your comment before posting. This stuff would make a good novel. I loved the part about deniability using an alias. The thing that is missing is the FTD's effect on pps and the use of the lies to cover up the naked shorting. The lies and misinformation are critical because it keeps the regulators from taking a look at the trading. Are the regulators really that naive? Or are they bought? The thuggery of intimidation of spouses and employees is beyond comprehension. Stevie and Davie are well aware of this... let them retire and do good deeds.. in jail.
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By Little Bo peep on 7/27/2006 10:07 AM
Ask Mr John Mack about these boys and girls, if all went according to the plan.

http://www.savi.com/news/2006/2006.07.27.shtml

Savi networks
intelsat
lockheed
Hutchison Port Holdings
Hutchison Whampoa Limited
www.hph.com.hk
Barclays Global Investors UK Holdings Ltd
Re: SAC, Rocker, Other Hedge Funds Sued by Fairfax Financial By Jeremiah 9:24 on 7/27/2006 12:50 PM
Did anyone notice in the complaint that it was alleged FFH was listed on the Berlin Exchange?

Don't forget the SEC and NASD went to Germany and found no evidence of short selling. They couldn't or chose not to grasp that the scam did not involve short selling on the German exchange(s). Yet here a law firm has claimed in a verified complaint that the listing was done in the course of manipulating the market IN THE US for FFH.

And that listing of FFH on Berlin was done in 2002 if I recall correctly, no later than ini 2003. Some may remember that most the 1000 or more OTC: BB stocks that got listed on the Berlin Exchange were done in Feb. - April 2004 or soon thereafter. Why?

Recall that in Feb. 2004 the NASD was going to close the "Canadian broker" loophole. A number of OTC stocks were climbing fast as apparent short covers were going on. Then, out of the blue the NASD announced a delay in implementing its rule change (I think it was NASD Rule 3360 but can't recall offhand), to give NASD members more time to "upgrade their systems" or some such bullshit--even thought they had been given several months to comply already. A review of the rule change shows reason for the extension was what I call it...bullshit. All those OTC stocks promptly got pounded down to pre-cover levels or lower. And then of course they all started showing up on the Berlin Exchange.

I specifically emailed Mary Shapiro of the NASD and explained to her exactly and in detail what was going on, relating to the abuse of the 'arbitrage' exemption, etc., pointing out the specific NASD rules being abused, and got a reply thanking me for the information. Then of course they went to Germany and saw no evil.

Anyway, it's interesting to me that the Berlin scam was used to abuse victims prior to the closing of the Canadian broker loophole.

I would expect the NASD, which is there to protect its members against the public, would hide the criminal actions of its members if they resulted in any real damage to its members (such as losses due to short squeezes).

And yet, the SEC also sees and hears no evil...shocking.

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