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Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available

Location: Blogs Bob O'Brien's Sanity Check Blog    
Posted by:   bobo 11/15/2006 12:23 PM

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Sign the Market Reform Petition Now!: View it here.

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David Einhorn, brash young head of Greenlight Capital, was basically swatted by a Canadian judge for his role in trying to bully a prominent Canadian company into dancing to his tune.

Among the tricks this particular hedge fund used was to tape phone calls without the other party knowing it, and try to draw them into making compromising remarks.

Sound kind of sleazy? That's the hedge fund game, and how it's played, I guess - at least, how it's played with some of these guys. All's fair, as long as you win. It's all about the money, and if you have to bend some rules to get your way, it's only the losers and the whiners who complain.

Interestingly, though, Greenlight whines up a storm in order to try to force their will on a company uninterested in playing. It's the equivalent of a hedge fund temper tantrum, and the articles and court documents (particularly page 38) are revealing.

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Speaking of revealing hedge fund conduct, did everyone catch that the guy SAC had relied on to be their investigator in the FFH case, and who was apparently credulously believed by many a NY journalist, was arrested by the FBI for wire fraud charges? Specifically, for defrauding his former employer of over $5 million?

Now there's a credible party..

Sort of a familiar pattern here today. NY-based hedge fund choagie involved in un-ethical dirty tricks against Canadian company.

Seems to be a lot of that going around these days. Wonder if there was a business plan circulated, or if they all got the same idea around the same time at the hockey-rink poker game?

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Did I mention that it is turning out that Refco seldom told the truth about anything, per the latest revelations of misdeeds there? Makes one wonder what the auditors were doing while all this was going on.

So here's a question: How did self-regulation work with Refco? Did that do what it was supposed to do? My take is that it sort of didn't.

And here's another questions: Is Refco an isolated incident, or is this a peek at how Wall Street does business when they think nobody's watching - which given the opacity of the clearing and settlement system is pretty much all the time?

In 1933, the Pecora hearings treated the public to a glimpse at how larcenous virtually every player on Wall Street was.

Do we have any evidence that has changed? Spyro? Cat got your tongue?

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ALD seems to be taking some hits from the Lapdog today, which tells me that the bad guys are still in there, trying to bring the company down.

From his little piece:

"More Investigations at Allied?

It's old had that Allied Capital (ald) has been in the cross hairs of regulators. As the company has stated in numerous SEC filings, it was notified in June 2004 by the SEC that the SEC was conducting an informal investigation of the company. On December 22, 2004, the company said it received letters from the U.S. Attorney for the District of Columbia requesting that records of Allied's Business Loan Express unit be preserved in connection with a criminal investigation. The  investigation, the company said, related to "portfolio valuation" and Business Loan express.

Now hear this: In its latest 10-Q the company added further disclosure to say that the Office of the Inspector General of the SBA and the Justice Department "have been conducting investigations into the lending activities of Business Loan Express and its Detroit office.

The beat goes on..."

For anyone unfamiliar with ALD, they were the target for years of slanderous allegations - completely unfounded - from the same cartel of hedge funds who targeted ACAS, OVTI, NFI, OSTK, NFLX, TASR, NAVR, HANS, TTWO, KKD, MSO, etc. etc. All the same names that bash those companies and more (FFH, Biovail) have taken whacks at ALD at one time or another. Completely coincidentally, here's the 13F of Copper River (formerly Rocker Partners), one of the hedge funds so unjustly accused of perpetrating a scheme against OSTK, using Gradient, who also features prominently in the Biovail and FFH suit against SAC. Isn't it fun how many familiar names are there as put holdings, or "long" positions (which can be lent out to short and still appear long via repo agreements).

That little cabal was able to tank the price, as they were able to do with virtually all of the above, on a frivolous SEC probe that went nowhere, but cut the stock price drastically. The FOIA data shows you how the FTDs went through the roof, even as Reg SHO was busy, "Working."

Note how Herb simply neglects to mention that ALD's SEC investigation went nowhere and turned up nothing.

When the lapdog does his usual backhand, where he twists facts and ignores positives to create an air of danger (gee, where have we seen that before) you can bet that the bad guys are in the mix again. That's my bet.

Huh.

If I was a lawmaker or a regulator, this would be so hard. If only there was a sign, or some sort of common thread.

Hmmmmmmmm.

Copyright ©2006 Bob O'Brien
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Comments (26)
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By Niel Storts on 11/15/2006 2:06 PM
See "Bob". The attack on ald was what 5 years ago??? Nothing will ever change until it is forced on the scumbags. There is only 1 viable solution. Appreciate all you have done, but the will of the people ammount to mousquito flatuance as far as the whores in washington are concerned. Good luck.
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By troydian on 11/15/2006 2:11 PM
http://www.denverpost.com/business/ci_4494028
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By scared? ha! where do I pay the fine? on 11/15/2006 2:21 PM
Kohlberg Kravis Roberts & Co., Carlyle Group and most other major U.S. buyout firms were accused in a shareholder lawsuit of illegally conspiring to hold down the prices they paid when taking companies private.
The suit was filed in Manhattan federal court by investors who claim they were shortchanged because the firms restrained bidding for leveraged buyouts such as the $33 billion takeover of hospital chain HCA Inc., the largest LBO ever. It alleges the firms broke antitrust laws by forming ``clubs'' to make offers, sharing information and agreeing not to outbid each other.
``Investors in the target company are deprived of the full economic value of their holdings and `squeezed out' at artificially low valuations,'' says the suit, which seeks class- action status.
Private-equity firms, which have announced a record $425 billion of LBOs this year, are already the target of a U.S. Justice Department investigation into possible antitrust behavior. They've also come under fire in Europe and the U.S. for burying the companies they buy in debt while recouping their costs with dividends.

http://quote.bloomberg.com/apps/news?pid=20601087&refer=&sid=arKsIaVz3grk
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By virakiller on 11/15/2006 3:08 PM
tic-toc-tic-toc-tic-toc

the American "sleeping giant" will soon be WIDE AWAKE !

These buyout firms and hedge funds are more DANGEROUS to America and its
people then any of the other "so-called" terrorists

THEY ARE LOOTING OUR TREASURY
THEY ARE BANKRUPTING AMERICA

tic-toc-tic-toc-tic-toc-tic-toc
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By rtway1 on 11/15/2006 6:13 PM
Whatever happened to Gasparino coming to the aid of the average investor. Another gutless reporter who follow the ways of the street and is told what to print. Another eunic.
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By paybacks a bitch on 11/15/2006 6:58 PM
the beans are on the stove, pull up a chair.

http://money.cnn.com/magazines/fortune/fortune_archive/2006/11/13/8393127/index.htm
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By did not, did so, make me, will if i want to on 11/15/2006 7:18 PM
House Democrats head to the ballot box today to elect their majority leader, with many of them fretting that the contentious race has split their caucus into two warring camps, one allied with Rep. John Murtha (D-Pa.) and Speaker-to-be Nancy Pelosi (D-Calif.) and the other with Democratic Whip Steny Hoyer (D-Md.), regardless of today’s outcome.

http://www.hillnews.com/thehill/export/TheHill/News/Frontpage/111606/dem.html
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By formal dell hell on 11/15/2006 7:28 PM

http://money.cnn.com/2006/11/15/news/companies/dell/?

postversion=2006111519
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By lawyer mind working overtime on 11/15/2006 7:40 PM
this guy work for Mel Weiss and Bill Lerach?

http://www.foxnews.com/story/0,2933,229578,00.html
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By grow up to be a lobbyist on 11/15/2006 8:01 PM
The Office of State-Federal Relations has come under fire for a 15-thousand-dollar-per-month contract with the Washington-based lobby firm Cassidy and Associates.

http://www.kten.com/Global/story.asp?S=5681128


Lobbying Income: $26,650,000

http://www.opensecrets.org/lobbyists/firmsum.asp?txtname=Cassidy+%26

+Associates&year=2005&format=Print
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By Granny on 11/15/2006 9:02 PM
Our two faced government is telling people to put money into their retirement funds for the long haul while they are encouraging "traders" to illegally pursue 3 month trading schemes complete with obscence bonuses which can only be achieved by continually depleting the money from grandma and grandpa's retirement funds.

Governnment's answer is some free cheese and heat subsidies when I get cold and hungry.
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By No Tickee No Washee on 11/15/2006 9:41 PM
Failed U.S. hedge fund Bayou Group settles lawsuit

BOSTON, Nov 10 (Reuters) - The trustee liquidating failed hedge fund Bayou Group said on Friday that he settled one lawsuit with a group that had invested in the portfolio and cashed out before the fund collapsed.

Jeff Marwil, a lawyer who is acting as trustee, released a statement saying the settlement resolved a lawsuit he filed against UT Medical Group (UTMG) Basic Pension Plan. He also said he expects to reach more settlements soon.

-------

While Bayou's investors are not accused of fraud, the founders may have tipped off some investors to get out before the whole fund collapsed. This would have given some an unfair advantage over others in redeeming money, analysts said.

"The settlement with UTMG is a complete victory for Bayou, as UTMG will disgorge 100 percent of fictitious profits," Marwil said in a statement.

http://today.reuters.com/news/articleinvesting.aspx?type=fundsNews2&storyID=2006-11-10T202233Z_01_N10348821_RTRIDST_0_FINANCIAL-FUND-BAYOU-UPDATE-1.XML
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By foia on 11/16/2006 3:23 AM
Does Canada have a freedom of information act to find out what the fails are in Canada? Does Germany have one?
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By gregcable2002 on 11/16/2006 5:50 AM
indebt us,break us,enslave us,chip us,100% control over us.Can you see how it's unfolding here in the last days?
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By gregcable2002 on 11/16/2006 7:17 AM
WASHINGTON — The Securities and Exchange Commission got a clean audit opinion from the Government Accountability Office, which also found the federal agency had eliminated previously identified weaknesses in its internal controls over financial reporting.

"The SEC made substantial progress strengthening its internal controls over financial reporting during fiscal 2006," SEC Chairman Christopher Cox said in a letter to the GAO. It was released Wednesday along with the SEC's annual performance report.

Although the GAO concluded the SEC still needs to improve some controls, it found that the weaknesses it had previously identified were no longer material.

The GAO's previous SEC audit cited weaknesses in three areas: computer security, tracking penalties and other money it collects, and its own internal procedures and processes for preparing its financial reports. The findings were embarrassing, given that the SEC had ordered U.S. public companies to flag their own internal financial-control weaknesses, as required by the 2002 Sarbanes-Oxley Act.

Cox took the GAO's 2005 findings very seriously and worked hard to eliminate the problem areas in fiscal 2006, Comptroller General David Walker said in a recent interview with Dow Jones Newswires.

For fiscal 2006, the GAO concluded, the SEC had largely resolved its internal financial-control issues. As for the two other previously flagged weaknesses, they were classified as less-severe "reportable conditions." The GAO added a newly identified issue involving the SEC's controls over its property and equipment as a third "reportable" issue for the fiscal year ended Sept. 30, 2006.

The SEC still has work to do, however. In the area of computer security, the GAO concluded that the SEC has yet to resolve weaknesses in managing password access, and warned that sensitive information, including payroll, regulatory and other "mission-critical" data, remains at risk of being hacked into, modified or lost.

While the GAO praised the SEC for finding and correcting errors in its penalty-tracking database, it noted lingering problems, including the omission of a $21 million payment. The SEC is developing a new tracking system it hopes to unveil in mid-2007 and is putting stricter procedures in place, but until those changes are put into effect, the GAO said, the agency won't have sufficient assurance that its database is accurate or complete.

Money being collected by the SEC approaches and sometimes exceeds the agency's own annual budget. In fiscal 2006, the SEC ordered $1.2 billion of fines and return of ill-gotten gains, and collected 82 percent of it, according to the SEC's latest annual report. That is down from a 96 percent collection rate on $1.9 billion in fiscal 2005, but exceeds a 40 percent collection rate on $350 million in fiscal 2003.

Enforcement results, which the SEC had released earlier in a separate report, showed a nearly 10 percent decline in cases brought by the agency in fiscal 2006. The SEC highlighted its near-record settlements in two large accounting fraud cases and "decisive action" in a handful of cases against firms found to have "backdated" stock-option awards.

On the inspection side, the SEC reported that it examined 1,346 investment advisors in fiscal 2006 and 344 mutual funds, down 12 percent and 40 percent, respectively.

Other findings of the report: SEC turnover amounted to 9 percent in fiscal 2006, up from 7.5 percent in the prior year. The agency said the increase was due to a large number of retirements and heightened competition from the private sector.

Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By hear LOUD footsteps on 11/16/2006 1:36 PM
The probe by the U.S. Justice Department centers on guaranteed investment contracts, which municipalities buy to hold bond money until funds are needed to pay for projects. The contracts are what banks and brokers used to invest at least $7 billion of proceeds from bonds issued by local governments across the U.S.; that money was never spent to benefit the public, according to an Oct. 4 Bloomberg News report.

http://www.bloomberg.com/apps/news?

pid=20601109&sid=a0.JGm1e9F10&refer=home
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By Bobo on 11/16/2006 2:19 PM
Check out the FOIA data section, first entry, for the FTDs in ALD - remember that even as the FTDs increased 4-fold, the SEC was saying that Reg SHO was working.
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By stained sheets and stained underwear on 11/16/2006 7:04 PM
Publication: Forbes
The Irrelevant SEC
(From Forbes, provided by LexisNexis)   |   November 27, 2006
Edward Siedle

The Irrelevant SEC
In bed with the industry it's supposed to regulate, it needs a shakeup. the senate finance committee and the Government Accountability Office are both taking a harsh look at the Securities & Exchange Commission. It's about time. One thing on the agenda is the SEC's questionable handling of an insider trading case involving a $7 billion hedge fund. But the bigger issue
is that the federal agency charged with safeguarding investors is on the verge of becoming irrelevant. If you want protection from investment pitfalls, you're going to get it from the private sector.
Here's what's wrong with the SEC.

http://www.thesanitycheck.com/Blogs/DavePatchsBlog/

tabid/66/EntryID/518/Default.aspx
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By debt on 11/16/2006 9:02 PM
Loud, this is going to fall apart when conservative investors realise that the debt they were getting paid 4% on as a safe, conservative investment was actually high risk as the conservative investor only had an IOU in their account.

Believe it or not, government debt FAILS TO DELIVER!!!!!!!!!!!

Larry and his PR buddy Stu Goldstein lie for a living. Larry bragged that we were misguided because we didn't realise most of the fails by dollar volume were suckers that bought government bonds. Larry's company took their money and gave them nothing in return but the promise of a mini low risk interest rate.

Larry thinks you are dumb and he can fool you.

See Larry lie:

http://www.dtcc.com/Publications/dtcc/jul05/images/ThompsonLarry.jpg

Talk to Larry:

Larry E. Thompson
(212) 855-3240

We need to keep this personal. Every dollar you are ripped off in the market goes to a bribe to a politician or a bonus to a Larry or to a profit to a fund manager.

Some ass profits every time you invest thinking the SEC will enforce a fair game.

Larry, the lying lawyer at the DTCC, who sold his soul to telling technicalities bragged that most fails by dollar volume were debt instruments.

I guess the GAO audit is over and the scumbags at the SEC passed with flying colors?

Stu is probably going to put out a release soon. You can tell Stu he should get a new job here:

http://www.stuartzgoldstein.com/
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By debt on 11/16/2006 9:08 PM
If Stu and Larry get new jobs, it becomes harder for the thieves to lie to the public.

http://www.thesanitycheck.com/Blogs/DavePatchsBlog/tabid/66/EntryID/371/Default.aspx

http://www.stuartzgoldstein.com/

Let's keep it personal and target the Stu's and Larry's, the Herb Greenbergs, Cramers and Carol Remonds who take pittance money to lie for their rich criminal masters.

As we peel the onion, the first step is to peel away the people who lie for a living.

Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By Selene on 11/16/2006 11:04 PM
Herb Greenberg

It is my understanding that Herb Greenberg does not take money. He derives his living off analysts (he is just a parrot of others). What's interesting: if the analysis is from a major wall street firm, then he generally sites it in his articles, but if it's coming from a hedge fund analyst, then he strangly plays it off as his own research. As if he uncovered a piece of information from slogging through the k's and Q's. Again, in these cases, he plays it off as his own research and does not mention the hedge fund manager or analyst that passed it on to him.

Now, that's very interesting for a reporter to do that. Why in one instance does he cite his source and in another he doesn't even mention a source (pretends he is the source)???? Why ???

Any way you slice it... this is weird. Keep in mind, if Herb really was that good at going through with a fine tooth comb the hundreds and hundreds of pages companies file with the SEC, then why doesn't he manage money for a living. Why would someone who doesn't mind sitting down to find inconsistant numbers in financials that would need to be followed through from years of quarterly reports choose to be a financial journalist instead of an analyst or money manager? Why???

Selene
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By gregcable2002 on 11/17/2006 5:36 AM
Herb Greenburg repeats what comes across the tele-prompter,he's a talking head and thats all,thats his job.
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By h.g. on 11/17/2006 6:47 AM
He isn't bribed, but the nice hedge funds buy paid subscriptions which they never read.
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By pinkie on 11/17/2006 7:34 AM
http://www.thepennystockblog.com/signals.html

100 I need shares.
200 I need shares badly,but do not take the stock down.
300 Take the price down so I can load shares
400 Keep trading it sideways.
500 Gap the stock. This gap can be either up or down, depending on the direction of the 500 signal.

The stock trades on the offer only, every day for three weeks. No matter the volume, the offer stays fixed. When the buying volume dries up, they print a 300 share trade right at the end of the day.

The next day, the market opens 25% lower with the entire market repriced down. Not one share has traded on the bid and the movement down dries up all the buying pressure.

Good thing the market makers don't collude. The SEC would never allow them to commit that crime.
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By 3 pots of beans on the stove on 11/17/2006 7:45 AM
cooking.
FAT meat into pots next?


David James, DeLay's former chief of staff, who stayed to work for Sekula-Gibbs -- until Tuesday's walkout -- said last night that the office computers "were scrubbed and reconfigured by an outside vendor in the days immediately prior to her assuming office," as House policies require. The new congresswoman was given a copy of everything "electronically or in hard copy, or both," James said in a statement.

http://www.washingtonpost.com/wp-dyn/content/article/

2006/11/16/AR2006111601552.html?nav=rss_print/asection
Re: Einhorn/Greenlight slapped by Canadian Judge, ALD FOIA data now available By mm's are whores on 11/17/2006 8:22 AM
EOM

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