Foreign Collusion, Naked Shorting (Counterfeiting) & Money Laundering — All Illicit Wealth
In the depths of the Great Recession, a cancer nurse, a car dealership worker, and an insurance fraud specialist helped uncover the largest consumer crime in American history—a scandal that implicated dozens of major executives on Wall Street. They called it foreclosure fraud: millions of families were kicked out of their homes based on false evidence by mortgage companies that had no legal right to foreclose.
Supreme Court Decides Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning
Chuck Webber, Jeffrey P. Justman, James G. Martignon, 05 May 2016
On May 16, 2016, the Supreme Court of the United States decided Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, No. 14-1132, holding that that the “arising under” test for federal-question jurisdiction under 28 U.S.C. § 1331 determines whether federal courts have exclusive jurisdiction under section 27 of the Securities Exchange Act of 1934 (the “Exchange Act”) of lawsuits to enforce liabilities or duties created by that Act. (The Court did not address the portion of section 27 that gives federal courts exclusive jurisdiction of “violations of this chapter or the rules and regulations thereunder” with respect to criminal and regulatory enforcement actions.)
Greg Manning owned stock in Escala Group, Inc., a company traded on the NASDAQ. Between 2006 and 2007, Escala’s share price plummeted and Manning lost most of his investment. Manning blamed Merrill Lynch and other financial institutions for devaluing Escala during that period through “naked short sales” of its stock, under which one borrows stock from a broker and sells it to a buyer on the open market, but never delivers the shares back to the buyer. “Naked” short sales of stock may be designed to drive down a company’s stock price, and are accordingly regulated by Regulation SHO. Continue reading “Article: Supreme Court Decides Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning”
LAKEWOOD CAPITAL 1Q16 LETTER TO PARTNERS: FOUR SHORT IDEAS
ValueWalk, 10 May 2016
In the quarter ended March 31, 2016, the Lakewood Capital fund recorded a net loss of 0.9%. At quarter end, the fund’s equity exposure was 77.0% long and 44.0% short for a net equity exposure of 33.0%. In addition, the fund was 4.0% long and 0.2% short fixed income securities for a net fixed income exposure of 3.8%.1 The top five positions constituted 23.4% of equity capital and the top ten positions constituted 41.0% of equity capital.
The Lakewood Capital fund generated a net loss of 0.9% in the quarter. Although the fund’s long and short positions on average ended the quarter in roughly the same place they began, the start of 2016 was one of the most volatile and tricky periods we have seen in years as underscored by a 16% mid-quarter decline in the Russell 2000 Index. Defensive sectors like consumer staples, telecommunications and utilities performed very well in the quarter as record low interest rates pushed investors to bid up shares in companies they perceive generate stable cash flows while most other sectors languished. Long equity positions generated a -1% return on capital, hedged long equity positions generated a -5% return on capital, short equity positions generated a +1% return on capital and fixed income positions generated a +2% return on capital.
Continue reading “Article: LAKEWOOD CAPITAL 1Q16 LETTER TO PARTNERS: FOUR SHORT IDEAS”
Overstock.com CEO Patrick Byrne Loses ‘Deep Capture’ Libel Suit
Gary Weiss
gary-weiss.com, 7 May 2016
In a scathing decision released on May 6, a Vancouver court found Byrne and his “Deep Capture” fake news venture had fabricated lurid accusations of criminal conduct against a Vancouver businessman named Aly Nazerali. The damage award consists mainly of punitive and aggravated damages, and the judge found that the conduct of Byrne and his minions was so egregious that he slapped a permanent injunction on the defendants.
I’ve written about Byrne quite a bit in the past because he was the very worst of Corporate America, from his bizarre stock-market conspiracy theories to his well-documented accounting games, which he countered by vicious personal attacks on critics and the media. He is a kind of small-bore Donald Trump, a “born on third base who thinks he hit a triple” kind of guy. Byrne lies so frequently and with such gusto that it’s hard to say if he can distinguish fact from fiction. He is on indefinite leave from Overstock because of a Hepatitis C infection, a disease ordinarily caused by intravenous drug use—or, if you believe him, a wound sewn up by “barefoot doctor in China.”
SCOTUS Send Merrill Lynch Case to NJ State
ADAM KLASFELD, 06 May 2016
Merrill Lynch and other brokerage firms must face a state court case that says illegal naked short sales cost investors more than $800 million, the U.S. Supreme Court ruled Monday. The shareholders brought their case four years ago in New Jersey over the Fortune 500 memorabilia company Spectrum Group International, then known as Escala Group. One of the investors, Greg Manning, said “naked short selling” sent his more than 2 million Escala shares into a nosedive. In typical short sales, investors speculate that the price of a stock will decline and purchase securities that they do not currently own in order to profit from the fall. Securities laws and regulations mandate that a short seller borrow the stock it sold and deliver it within four days of sale. Continue reading “Article: SCOTUS Send Merrill Lynch Case to NJ State”
Great Panther Silver Defends Itself Against StreetSweeper Allegations
Nicholas Donato, 02 May 2016
Earlier Monday, TheStreetSweeper issued a report saying Great Panther Silver Ltd GPL 0.13% was an overvalued mining company set perfectly to “cave in.” The notable short seller listed six items they believe warrant a drop in current shares.
Enlisting National Inflation Association to promote the stock. Rodman & Renshaw raised their price target from $1.10 to $1.50 per share, and then financed a deal for Great Panther six days later. The lack of institutional interest in the company. StreetSweeper believes it’s “fool-hardy” to risk millions without reserve estimates for any of company’s mines or projects. The market missed a negative news event where the company dropped out of a key project, the Guadalupe de los Reves. StreetSweeper believes even a slight pullback in silver would have a drastic effect on Great Panther stock price.
Continue reading “Article: Great Panther Silver Defends Itself Against StreetSweeper Allegations”
DEUTSCHE BANK ADMITS BIG BANKS RIGGED GOLD AND SILVER MARKETS
Gog Magog War, 26 April 2016
Recently, a European mega-bank, Deutsche Bank, admitted that it cooperated with other global mega banks to manipulate the gold and silver markets (first link). This story deserves far more coverage and analysis than it has been given in the establishment media. As one reads the links, it is quite evident that the mega-banks rigged the gold and silver markets to suppress the prices of both metals. However, in a conspiracy to manipulate the prices either up or down in the short term, the banking insiders could reap huge illegal profits via such insider trading actions. Continue reading “Article: DEUTSCHE BANK ADMITS BIG BANKS RIGGED GOLD AND SILVER MARKETS”
StreetSweeper’s Short Thesis On Almaden: Stock Is ‘Fool’s Gold
Jayson Derrick, 19 April 2016
Shares of Almaden Minerals Ltd. AAU 0.08% were trading higher by more than 9 percent on Tuesday, despite The Street Sweeper stating in a new research report the company’s stock is “fool’s gold.”
Almaden Minerals saw its stock rise on misconceptions surrounding a “highly speculative” gold mine project in Mexico (Ixtaca) to cost more than $1 billion, The Street Sweeper’s Sonya Colberg wrote. Meanwhile, the company only has a “measly $2-or-$3 million in the kitty,” or a “tiny, tiny sliver” of the amount it would need to finance any mining projects of such a large scale.
Almaden announced back in October a plan to secure financing to acquire a mine in Alaska. The company pitched a $6.5 million option deal to acquire the mine and argued that it will reduce its Ixtaca ramp costs by $70 million – a figure that was an “arguably highly inflated guesstimate.”
Continue reading “Article: StreetSweeper’s Short Thesis On Almaden: Stock Is ‘Fool’s Gold”
Overstock Invests $4M In Digital Currency FinTech Firm
PYMNTS, 04 April 2016
Overstock’s CEO has a reputation for having an affinity for digital currency — which has been reflected in Overstock’s business plans — and now, the company has taken that vision a step further.
The company announced late last week a $4 million investment in Bitt, a Caribbean-based FinTech firm that aims to help digital currency adoption grow in that region. Continue reading “Article: Overstock Invests $4M In Digital Currency FinTech Firm”
Drugmaker Valeant CEO leaving as investor Ackman joins board
Reuters, 21 March 2016
Drugmaker Valeant Pharmaceuticals International Inc (>> Valeant Pharmaceuticals Intl Inc) (>> Valeant Pharmaceuticals Intl Inc) said on Monday its chief executive officer is leaving and billionaire investor William Ackman would join the board as it tries to clean up accounting problems and save its business.
(Reuters) – Drugmaker Valeant Pharmaceuticals International Inc (>> Valeant Pharmaceuticals Intl Inc) (>> Valeant Pharmaceuticals Intl Inc) said on Monday its chief executive officer is leaving and billionaire investor William Ackman would join the board as it tries to clean up accounting problems and save its business. Continue reading “Article: Drugmaker Valeant CEO leaving as investor Ackman joins board”
ShareIntel.com provides a software-as-a-service (SAAS) called ShareIntel DRIL-DownTM that enables public companies like SHIS to proactively track equity flows and identify suspicious, aberrant and/or unusual trading activity. DRIL-DownTM identifies Banks, Broker-Dealers and Clearing Firms that have clients that are likely participants to naked short selling (counterfeiting), thus enabling public company fiduciaries to take action. In addition, DRIL-DownTM tracks critical Broker-Dealer and shareholder movement behind street name enabling public companies to identify who is buying and who is selling their shares, as well as giving them access to a plethora of additional information to help proactively identify and attract likely new investors.
Stop Abusive and Illegal Short Selling
MrTopStep.com, 15 March 2016
Is your company’s stock exhibiting signs of abusive short selling?
There is an epidemic of abusive and illegal shorting of stocks on USA Stock Exchanges today. The problem is regulators are not equipped to stop it on a large scale. By and large, convictions do not come from regulators policing the markets.
How to tell if your stock is being illegally shorted:
Continue reading “Article: Stop Abusive and Illegal Short Selling”
UK Subsidiary of Russian State Bank VTB Reported to Serious Fraud Office Over Vivacom Sale
GLOBE NEWSWIRE, 09 February 2016
Empreno Ventures, the owner of the largest Bulgarian telecommunications company Vivacom has reported VTB Capital, the UK arm of the state owned Russian bank, to the Serious Fraud Office for the alleged illegal seizure and sale of the company to a connected party.
The criminal complaint was filed with the Serious Fraud Office last week by lawyers representing InterV and its owner Dmitry Kosarev, who is the principle shareholder in Vivacom.
In a separate legal action Mr Kosarev is suing VTB Capital in London for damages in excess of 143m euros for allegedly selling Vivacom for a price that significantly under represented the true value of the company. Continue reading “Article: UK Subsidiary of Russian State Bank VTB Reported to Serious Fraud Office Over Vivacom Sale”
Amidst Allegations of Financial Misconduct, Osiris CEO Resigns
Mark Terry, 05 February 2016
Columbia, Md.-based Osiris Therapeutics, Inc. announced that Lode Debrabandere, president and chief executive officer, has resigned for personal reasons. Dwayne Montgomery, currently the company’s chief business officer, will act as interim chief executive officer. Frank Czworka, presently vice president and general manager of wound care, will step up as chief operating officer.
The board of directors will start a search for a permanent chief executive officer and has hired an executive search firm to assist in the process. The company indicates it will consider both internal and external candidates. The company has had some problems lately. The company is currently transitioning from research to a commercial company. A Seeking Alpha report published on Jan. 15 cited several red flags. One was that the company’s chief financial officer, Phil Jacoby, resigned in September, replaced by Gregory Law.
Continue reading “Article: Amidst Allegations of Financial Misconduct, Osiris CEO Resigns”
Overstock and Merrill Lynch settle for $20 million
Mark Dugdale
Securities Lending Times, 3 February 2016
Overstock.com has ended its long legal battle with a group of broker-dealers after securing a $20 million settlement from the remaining defendant.
Merrill Lynch Professional Clearing Corporation was the last defendant standing in the litigation over allegations of naked short selling, which were first brought in 2007. Merrill Lynch agreed to pay $20 million to Overstock and co-plaintiffs on 28 January to settle the claims, without admitting any liability.
THE DOLLAR HAS NO INTRINSIC VALUE : DO YOUR ASSETS?
