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The stand-off reflects a broader debate over how to balance the desire to keep public companies accountable with concerns over market manipulation. Short selling, said to be as old as stock markets, used to be a low-profile affair where bearish investors relied on the media, analysts or regulators to take the lead in exposing over-valued companies. New tools such as Twitter and Seeking Alpha changed that, creating a small but prominent group of brash public activists. Successful campaigns that exposed corporate fraud or dubious practices, including Carson Block’s Sino-Forest Corp takedown and Andrew Left’s shorting of Valeant Pharmaceuticals International Inc, underscored short sellers’ role as market watchdogs. Such victories, coupled with elevated stock valuations, helped spur record numbers of short campaigns, according to industry tracker Activist Insight.

Activist Insight data show such campaigns can have a noticeable impact on stock prices, A 2017 working paper by researchers Yu Ting Forester Wong and Wuyang Zhao also showed they weigh on target companies’ investments, dividends and access to financing, Block, Left and other prominent short sellers interviewed by Reuters say they do thorough research 925 sterling silver aspirin cuff links cufflinks and help keep companies honest, Yet targeted businesses say many short campaigns waged this decade amount to “short and distort” schemes, They accuse some activists of spreading false or misleading information to drive a stock down and then quickly cash out, a mirror image of “pump and dump,” where unscrupulous investors promote speculative stocks before selling out at the top..

Cases against short sellers are rare, though, given free speech protections and companies hesitant to put themselves under the microscope of regulators, lawyers say. Recent research provides fresh fodder for the debate. Columbia Law School securities expert Joshua Mitts said in a working paper that he had looked at 1,720 pseudonymous short idea posts on Seeking Alpha between 2010 and 2017 and found that 86 percent were preceded by “extraordinary” options trading. Mitts told Reuters his review of the posts found that, like with Farmland, many short sellers appeared to use fast-expiring put-options bought before the release of a report to spur more selling by underwriters.

“Shorts have to rely on good research, not trading tricks, to punish a stock,” said Mitts, whose work has led to paid consulting for Farmland and other companies, He has also found other unusual trading patterns, including 925 sterling silver aspirin cuff links cufflinks dozens of cases of “spoofing” and “layering,” illegal trading strategies of placing and canceling orders to create a false impression of demand or supply, Mitts said, however, that high-frequency traders were probably responsible, not activists..

Prominent activists deny engaging in practices described by Mitts and say they rarely use options. Instead, they would typically borrow stocks and immediately sell them in anticipation of a price drop, so they can buy them back for less and pocket the difference. “I’m sure there are a few anonymous guys out there doing tricky stuff, but it’s not a systemic problem,” Left said. One smaller short seller said he used put options in conjunction with Seeking Alpha posts to make larger bets given limited capital, but emphasized making unfounded claims could backfire.

“With 925 sterling silver aspirin cuff links cufflinks options you can get totally destroyed,” said the investor, who requested anonymity, “A bad thesis can be debunked almost instantly.”, Activist Insight, which has analyzed hundreds of campaigns, found many cases where target share prices went up, not down, So far Mitts is virtually alone in analyzing trading activity around short campaigns, but his findings have already drawn the attention of a top U.S, regulator, SEC Commissioner Robert Jackson told Reuters the research was “important” and challenged his agency to “identify folks who are dancing a very fine line between trading and market manipulation.”..

The question, Jackson said, was whether the regulator would go after short sellers who engage in fraud as forcefully as it investigates companies for bad behavior. “I hope the answer to that question will be yes.”. A hint came last September, when the SEC brought a rare “short and distort” case against hedge fund manager Gregory Lemelson for making false claims about Ligand Pharmaceuticals Inc, an allegation which Lemelson has denied. Jackson said, however, laws on anonymity and free speech could limit any steps that went beyond straightforward cases involving false information.

On March 12, for example, a New York state judge dismissed a lawsuit against short sellers by Indian media company Eros International PLC, noting their opinions on Seeking Alpha and elsewhere were substantiated and therefore protected, Still, companies are increasingly retaliating with lawsuits, hiring private investigators and using other aggressive tactics, according to some activists, Block, for example, 925 sterling silver aspirin cuff links cufflinks said he has faced “constant” legal threats, at least one undercover operative, and a failed $50 million investigation to discredit his research..



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