I apologize for another Jim Cramer post, but this was too good to pass up in a few ways. The first being that securities law is an interest of mine, and the second being our friend Jim Cramer could be in some hot water (if only to sit down with him during his visit and have a chat).
Henry Blodget, a writer over at Slate.com has had a bit of a feud going with Mr. Cramer for sometime now. Before it was a little more wishy-washy and nothing concrete, basically Mr. Blodget telling us never to listen to Cramer about stock. Now it looks like regulators could have a legitimate beef with Cramer for market manipulation back in his hedge fund days.
In an interview through Cramer’s site (watch it here), thestreet.com from December, Mr. Cramer details some of the investing tactics that are used (and should be used if you want to “be in the game” according to Cramer) by Hedge Funds in order to gain some shady profits in a down year. Cramer sites the tactic called “fomenting” (illegal according to the SEC, which is described as the following in this article from The New York Times:
“Here’s how fomenting works, according to Mr. Cramer: Say a hedge fund manager is holding a short position — a bet that a stock will decline — in Research in Motion, which has just announced blockbuster quarterly earnings results. An enterprising fund manager might call several brokerage houses and either feed them bad information or order a slew of short sales. Then he or she could call up a “bozo reporter” with a fake news tip about Resarch in Motion rival Palm.”
For those of you interested in the gritty details about torpedoing a stock, here is Mr. Blodget’s documentation of Cramer’s quotes with some of his explanation included in brackets:
“A lot of times when I was short at my hedge fund—meaning I needed [the market to go] down—I would create a level of activity before [the market opened] that could drive the [pre-market] futures [down]. … Similarly, if I were long, and I wanted to make things a little bit rosy, I would go in and [buy] a bunch of stocks and make sure that they were higher.”
“What I used to do … if I wanted [a stock] to go higher, I would take and bid, take and bid, take and bid [repeatedly buy stock and then make an offer for more], and if I wanted it to go lower, I’d hit and offer, hit and offer, hit and offer [repeatedly sell stock and then put more up for sale]. And I could get a stock like Research in Motion—that might cost me $15 to $20 million to knock RIM down—but it would be fabulous, because it would beleaguer all the moron longs [investors betting the stock would go up] who are also keying on Research in Motion.”
For a little more explanation about the Bids and the Offers Mr. Cramer is referring to, you can inform yourself here. Mr. Blodget furthers his article with the following quotes from Cramer, which are incredibly revealing:
“The great thing about the market is it has nothing to do with the actual stocks. Now, maybe two weeks from now, the buyers will come to their senses and realize that everything that they heard was a lie, but then again, Fannie Mae lied about their earnings for $6 billion, so there’s just fiction and fiction and fiction.”
“I think it’s important for people to recognize that the way that the market really works is to have that nexus of: Hit the brokerage houses with a series of orders that can push [the stock] down, then leak it to the press, and then get it on CNBC—that’s also very important. And then you have a kind of a vicious cycle down. It’s a pretty good game.”
Rich. Very rich. Now, lets move over to a great legal analysis which I found over at STOCKGATE TODAY (via investigatethesec.com), which is “an online newspaper reporting the issues of Securities Fraud”. From March 2, David Patch offers the following analysis, which I find pertinent to the above quotes:
“According to Cramer he would go in and blast a stock [torpedo] to drive the stock price down. I guess that begs the question, when is aggressive trading no longer trading but manipulation? Blasting a stock down hoping to force others to panic and do the same seems to encroach on bear raid manipulation. In fact, lets read the laws straight out of the SEC handbook.
Rule 10b-5 of the Exchange Act of 1934 states that it is unlawful “to effect, alone or with one or more other persons, a series of transactions in any security registered on a national securities exchange or in connection with any security-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act) with respect to such security creating actual or apparent active trading in such security, or raising or depressing the price of such security, for the purpose of inducing the purchase or sale of such security by others.”
If a torpedo was intent on driving out the “weak kneed investors” hasn’t Mr. Cramer just admitted to fraud by my interpretation of this law as it had the intent of inducing fear into others and forcing them to sell? I think that would be for regulators to sort out but certainly you readers are welcome to formulate your own opinions.“
In response to Mr. Patch’s question at the end, I would certainly think there are going to be some forthcoming investigations. This is has to be very tough for Cramer, he frequently opines on his show about sticking up for the little investors, and how we need him to help us against the big guys. It certainly sounds like that is the case, but how nice that he admitted to using these tactics in his hedge fund hey-day. It will be interesting to watch how this story unfolds, as of right now, no comment from anyone at CNBC, but Cramer has posted his own retort on The Street. I would definitely look for this to get bigger in the coming days, as once it crosses WATBM.com (our new acronym for the site), you know the story is legitimate.
As a brief aside, this story conjures up memories of Jonathan Lebed’s case, where a teenager used AOL message boards to prop up small and micro-cap stocks based on false information (referred to as a “pump and dump” scheme). He was able to make something like $800,000 in a year, but had to pay $285,000 of that back in a settlement where he admitted no wrong-doing. Quite a time for a fifteen year-old. A few similarities in the two cases, but interesting to note that Cramer had quite a response to Lebed’s market manipulation in this article from 2001.
I’ll be keeping an eye on this in the upcoming days and will update accordingly.
(Note: the picture included is by no means intended to label this as a fraud, just a themed picture meant to insinuate “investigation of potential wrong-doing”.)
Tags:
Hedge Funds,
Jim Cramer,
Securities Law