Media Maneuvers: The stuff on the wall
Filed under: Media Maneuvers | Scandal
When we first picked up The New York Times on Sunday, Oct. 22, we thought we would be eating crow this week. We had been railing against the paper for months for fingering Morgan Stanley CEO John Mack for possible insider-trading abuses based solely on accusations leveled by Gary Aguirre, a former Securities and Exchange Commission lawyer who says he was fired by the agency after requesting to interview the politically well-connected Mack. We wanted to know what evidence Aguirre had to support his explosive claim that Mack had possibly passed on to Art Samberg, the founder of hedge fund Pequot Capital Management Inc., nonpublic information about the sale of Heller Financial Inc. to GE Capital Corp. Had the Times seen Aguirre's evidence? Had the paper dug up any of its own?
The Times looked set to answer those questions last Sunday in a front-page story above the fold, no less on an inquiry by two Senate committees into the SEC's oversight of hedge funds, or lack thereof. "The congressional inquiry centers on dozens of pages of internal SEC documents that Mr. Aguirre turned over to Congress and were obtained by The New York Times," the story said. "The documents, including e-mail messages from Mr. Samberg and his associates, as well as contemporaneous e-mails from investigators, provide the first inside look at the case and shed light on why the two Senate panels are interested in the matter."
Uh-oh. So what wine goes with crow?
But wait. Don't uncork that bottle yet. Because the deeper you got into the story, the thinner the evidence supporting the Mack-leaked-to-Samberg theory appeared. Indeed, the piece admits that in his documents, "Mr. Aguirre acknowledged before his firing that he had not proved that Pequot had engaged in insider trading, or that Mr. Mack ever had inside information about Heller." (An interesting admission, given that in June, Aguirre told the New York Post he had "several spreadsheets worth of data" linking Mack to a tip given to Samberg.) But, the Times continues, Aguirre believed he had "enough circumstantial evidence to warrant taking Mr. Mack's testimony a standard procedure in such a situation, he said."
We'll come back to the SEC and its procedures later. But first, consider that "circumstantial evidence," keeping in mind that this is what the Times relied on back in June to cast insider-trading aspersions on Samberg and Mack on its front page. According to last Sunday's opus, Aguirre, in his case to the SEC, noted that "Mr. Samberg and Mr. Mack were close and trusted each other, and that Mr. Mack was allowed to invest in hot Pequot funds and financings." Aguirre also speculated that Mack learned about Heller's upcoming sale to GE Capital while negotiating his CEO job with Credit Suisse First Boston, now Credit Suisse Group (as if that's what CSFB was worried about back in June 2001, when it hired Mack after firing Allen Wheat). And, oh yeah, this: Mack and Samberg spoke with each other after the market closed on a Friday, and Pequot started buying Heller shares on Monday.
That's it? Mack and Samberg were friends? They talked with each other, and then Pequot, which trades for a living, started buying stock? Sacré bleu! Apparently, in Times-land, this is all the evidence you need to finger someone for insider trading, especially if that someone is rich, powerful and politically connected to the wrong party. Because at the end of the day, for the Times, this story is all about politics, not finance.
Indeed, the paper admitted as much in an Oct. 25 editorial in which it acknowledged that there "is hardly enough information available to jump to conclusions" about Mack and Samberg. (Though we would argue that the paper's news pages did exactly that.) But, for the Times, that doesn't matter now. "What is more important to the public is not the specifics of the case as much as how easily the commission staff can be influenced, whether by reputation, connections or future job prospects," the editorial intones. In other words, why worry about pesky little facts when the ends justify the means?
The Times, along with Senate Finance Committee Chairman Charles Grassley a Republican who, like the Gray Lady, has been vocal of late about the dangers of big, bad, lightly regulated hedge funds is now focused on snaring not Mack himself but the SEC for giving special treatment to Mack, a GOP donor who was on the verge of becoming CEO of Morgan Stanley when Aguirre wanted to take his testimony. The Sunday story cites e-mails that Aguirre received from his SEC bosses that noted Mack's "political clout" and the "juice" of his lawyers with officials at the agency when Aguirre asked for permission to speak to Mack.
To be sure, only a fool would argue that Mack's stature and connections didn't play a role in the SEC's decision to back away from him in the Pequot matter. After all, what regulatory agency isn't influenced by political connections and a never-ending network of who-knows-who? Plus, it's easy to imagine that the SEC would have hauled in for questioning someone of lesser stature than Mack based on the same thin evidence that Aguirre presented here after all, an interview is hardly the same as an indictment.
But the fact that Aguirre's evidence is so thin is problematic for the Times' overheated coverage of this hedge fund "scandal." It's hard to get worked up over an investigation that didn't happen when the only proof of potential wrongdoing by the two main suspects is the fact that they are friends. (We bet they even play golf together. Quelle horreur!) But the Times is convinced that hedge funds are hotbeds of insider trading, that the SEC is looking the other way and that it's going to end badly. Some of that may be true. Still, there has to be a better way of exposing those ills than throwing a bunch of half-baked accusations at the wall and hoping a few stick. If you want the glory of being first to call the fall of hedge funds, you've got to do the work.
As the Times leads a jihad against the evil of hedge funds, BusinessWeek continues its crusade against rolling-in-the-dough private equity. Less than three months after bringing us the sensational headline "Buy It, Strip It, Then Flip It" on its story about the initial public offering of Hertz Corp. by its buyout owners, BusinessWeek strikes again with the cover story "Gluttons at the Gate: How private equity is using slick new tricks to gorge on corporate assets." So, BusinessWeek, tell us how you really feel.
Inside is the usual smorgasbord of complaints about how buyout shops do business, from how much debt they lay on their companies to the "dubious" fees they charge to the record dividends they "extract." "Some private equity firm executives are being investigated for outright fraud," the magazine adds. Whom is it referring to? John A. Orecchio of AA Capital Partners Inc., a Chicago firm with $194 million under management. Not exactly Henry Kravis and his ilk.
Still, an indictment is an indictment. The problem is, BusinessWeek, like the Times in the Mack case, can blow lots of charges into the air, but it can't begin to close the case. Yes, multiples are rising. True, buyout deals have gotten bigger. But even BusinessWeek feels compelled to qualify nearly every sensational charge. The story leaves the impression that BusinessWeek, like the Times, just wants to position itself for when, inevitably, something bad does happen.—Yvette Kantrow
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