DTCC caught covering-up
There has been much speculation as to the root of Gary Weiss’s abiding interest in the personalities voicing their objections to the practice of illegal naked short securities trading.
In February of this year, some felt that question was answered in the form of a minor yet tremendously significant incident from which it could be fairly deduced that Weiss was, on the morning of January 19, 2007, using a computer on the network of the Depository Trust and Clearing Corporation (DTCC).
The basis of that deduction is explained in detail here.
Given the enormous value of the financial assets over which the DTCC is steward, and the high level of security that must necessarily mediate access to the organization’s premises, much less data networks, one can immediately rule out any scenario in which Weiss might have been using that computer in anything other than a sanctioned capacity.
Over four days, DTCC Spokesman Stuart Goldstein ignored two emailed requests for comment on this situation. When he finally did respond to a third request received by a staffer over the phone, it was in the form of a blank email. A quick request to re-send the missing content was denied, and five repeat requests over the space of one week were ignored.
Then, in one of the strangest turns of events observed in this saga to date, on February 9, 2007, Goldstein’s reply was delivered, unprompted, by New York Post reporter Roddy Boyd.
From: Boyd, Roddy
Date: Feb 09 2007 - 1:03pm
Subject:judd,
I spoke to corp comm at DTCC and they told me, on the record, that weiss is not, nor has he ever, been employed or used by DTCC in any capacity, formally or informally. They categorically reject it and tell me that none of them have any recollection of ever talking to him, meeting with him or having any dealings with him.
categorically rejects it.
thats a big hump for a real reporter to get over.let me put this politely:
As an investigative reporter, laughably per PB, you really, really are a much better PR person.
Lest its meaning be lost on anybody, please carefully re-read and reflect on the sweeping significance of Mr. Boyd’s second sentence:
They categorically reject it and tell me that none of them have any recollection of ever talking to [Gary Weiss], meeting with him or having any dealings with him.
Now, please carefully read and consider the meaning of the following:
In recent weeks, a confidential source has delivered to AntiSocialMedia.net multiple emails, all pre-dating Mr. Boyd’s DTCC proxy denials, in which Gary Weiss refers to active consultations between himself and unnamed DTCC officials on a specific media-related matter.
These emails make no reference to the basis (whether paid or otherwise) of the relationship, but given the extreme lengths to which DTCC leadership has gone to deny so much as a conversation with Weiss, this development is suggestive of what can only be interpreted as unmitigated deception at the highest levels within that organization.
In February, Weiss called claims of a relationship between himself and the DTCC "absolute crap."
Wishing to rule out the possibility that Roddy Boyd delivered anything but an accurate reflection of the DTCC’s position, earlier this week Stuart Goldstein was asked to affirm the accuracy of Boyd's statement, as well as to comment on the existence of unspecified evidence that Gary R. Weiss has or has had a professional relationship with the DTCC.
Goldstein's pithy reply consisted of three words:
From: Stuart Goldstein
date: May 23, 2007 3:01 PM
Subject: Re: Request for commentSend your evidence.
Because the nature of the evidence does nothing to change the facts at hand, and in order to honor commitments of confidentiality made to sources, Goldstein’s request was not honored.
An additional request for comment has been ignored by Goldstein.
Given the length to which Goldstein has gone to obscure the truth in this matter, and the length to which Weiss regularly goes to specifically malign critics of the DTCC’s defense of illegal and abusive stock trade settlement failures, a disturbing picture of that organization’s policy of defamatory, surrogate-driven, scorched-earth public relations is beginning to emerge.
Update: 5/31/2007
An alert reader brings to our attention an earlier incident appearing to confirm Goldstein's lax regard for truth when confronted with questions relating to the DTCC's role in empowering illegal market manipulation by crooked stock lenders.
The following originally appeared here on May 11, 2004.
FinancialWire received a confidential email between a reporter and Stuart Z. Goldstein, Managing Director of Corporate Communications for the Depository Trust and Clearing Corp. in which Goldstein was represented as denying that a lawsuit filed by Nanopierce Technologies exists.
The chief spokesperson for the DTCC, whose board of directors represent a who's who of financial entities, including Lehman Brothers, Citigroup / Solomon Smith Barney's Corporate Investment Bank, and Morgan Stanley, was quoted as stating that the "lawsuit" did not exist and was simply "charges being leveled by internet crackpots."
FinancialWire sent Goldstein a scanned copy of the actual court filing, which occurred April 29 at 12:15 p.m., and asked Goldstein if he or the DTCC still denied its existence or had any comments. No response was received.
It would be strange, but not unreasonable, had Goldstein himself not yet heard of the lawsuit when asked. But if that were the case, the proper response would be to explain as much. Instead, Goldstein was dismissive and insulting: the general embodiment of his employer.
But beyond Goldstein's obviously striking social shortcomings, these are the mannerisms of an organization with something dark to hide, but utterly lacking in accountability.
What is that dark thing?
We know that it includes records of billions upon billions of dollars of failed stock trades (the one thing the DTCC is tasked with completing successfully). Some allege that beyond the records, there is also proof that elements within the DTCC are profiting wildly from this fraud.
Given what I've seen, I'm inclined to believe it's true.
Paid bashers: cracking the code.
Third Point, LLC is a hedge fund run by Daniel Loeb, also known on stock message boards as “Mr. Pink.”
Michelle McDonough (formerly Michelle Sarian), is a convicted felon who has spent one year in prison for securities fraud. Today, as before going to prison, McDonough has a company called Magic Consulting.
Floyd Schneider is a prolific message board poster, whose many pseudonyms can typically be found repeating the same drumbeat of fraud and executive incompetence. Schneider’s posts frequently encourage shareholders to file SEC complaints and/or join shareholder lawsuits.
Yolanda Holtzee is also a prolific message board poster, most notably as Ms. Mint Green, who holds herself out at a close associate of Daniel Loeb/Mr. Pink. Holtzee is also frequently found to be encouraging shareholders to complain to the SEC and participate in shareholder lawsuits.
Roddy Boyd is a reporter for the New York Post and frequent online supporter and offline apologist of Floyd Schneider and Yolanda Holtzee.
AntiSocialMedia.net has learned that Third Point has, on multiple occasions, engaged Michelle McDonough to generate support for SEC investigations and/or class action lawsuits brought by shareholders against companies in which Third Point has substantial short interests. (Daniel Loeb refused to comment on the nature of his relationship with Michelle McDonough.)
McDonough, in turn, frequently engages Floyd Schneider and Yolanda Holtzee (among others) to foment and feign support for such shareholder actions on stock message boards. (McDonough refused to comment on the nature of her relationship with Schneider and Holtzee.)
Roddy Boyd has been asked on two occasions to comment on his relationship with McDonough. The resulting exchanges, via email with Judd Bagley, proceeded as follows:
Judd Bagley: “…What do you know about a woman named Michelle McDonough?”
Roddy Boyd: “re Michelle M: nothing. Should I? google has about 1mm entries for that name.”
Judd Bagley: “She used to go by the name Michelle Sarian. Today she runs “Magic Consulting.” I think she did a year in prison back in 2001.”
Roddy Boyd: “re sarian or mcdonough...youre concern, not mine.”
The second, more recent, exchange proceeded as follows:
Judd Bagley: “While I've got you…you recently denied knowing Michelle McDonough (formerly Sarian). Is that still your position?”
Roddy Boyd: “sorry judd, im not talking to you about anything else, period. if youre not comfortable with me asking the questions-fine. but im not anwering yours.”
That’s right…Roddy Boyd, a reporter, essentially twice gave me a reply of “no comment” when asked about any relationship he may have with Michelle McDonough.
This is a vastly complicated topic, which ASM, with the help of many, will spend the foreseeable future unraveling.
Loeb, McDonough, Holtzee, Schneider, and Boyd are again encouraged to contact me with any relevant comments they may have on this topic as we continue to explore it.
How not to respond to a subpoena by the SEC
Take a trip with me, back to early 2006.
On January 7, Jordan Goldstein, general counsel of TheStreet.com, pronounced that company co-founder Jim Cramer had never sold a single share of TSCM stock.
Exactly one month later, Jim Cramer announces, via the adoption of a rule 10b5-1 plan, his intention to exercise 150,000 stock options over the course of one year.
In the announcement, the plan's purpose is expressed as being:
"...designed to avoid any real or perceived conflict of interest in connection with the trading of company securities. The program is established at a time when the executive does not have material inside information.
"...It is Mr. Cramer's intention to provide an orderly liquidation of these options through this plan, which provides for the sale of approximately 12,500 shares on a monthly basis."
Such an orderly liquidation, as outlined in the plan, would have looked like the chart to the right (click to enlarge).
In reality, the record reflects a very different selling pattern by Mr. Cramer; one which looks like the chart to the left (click to enlarge).
You'll note that 112,500 (exactly 75%) of the options expected to be exercised in an orderly manner over the course of 12 months were actually exercised within two weeks.
What could account for such a deviation from Cramer's 10b5-1 plan?
A little historical context might add some clarity.
What was not mentioned in the 10b5-1 plan was the fact that just days beforehand, Jim Cramer had received a subpoena by the SEC...something that might be considered by some to be material inside information.
That subpoena would not be disclosed by Cramer until February 27, by which time 100,000 options had already been exercised. Adding this information to Cramer's TSCM selling chart would tend to raise serious questions relating to insider trading on Cramer's part, and the low regard Cramer would appear to have for his company's investors.
NOTE: Thanks to Evren Karpak and another un-named supporter of market reform for their time in handling key portions of the research on this topic.