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Kass: Stop Pointing Fingers at Short-Sellers

04/25/08 - 11:59 AM EDT

Doug Kass

I agree with Denny the K, that it was a good thing that the SEC nailed Berliner, but I strenuously disagree with the finger-pointing against short sellers for the following three reasons:

    1. As I have often written, investors and policymakers should have taken a cue from the early read by short sellers in their analysis of the housing, subprime, rating agencies and credit issues, which substantially presaged the problems before they surfaced. A lot of money would have been saved. As has been documented in numerous academic studies, stocks with high short interest ratios, typically underperform the market dramatically, as it is often a sign of systemic problems. Consider Overstock OSTK, Ambac, MBIA MBI, MGIC Investment MTG, Biovail BVF and many others.

    2. For every stock that is rumor-mongered to go down, there are a hundred that are rumor-mongered to go up. When will the SEC go after the latter?

    3. And what about corporate executives (especially of a tech kind) who routinely cheerlead and then dump shares? Shouldn't the SEC address this as well?

Doug Kass is the author of The Edge, a blog on RealMoney Silver that features real-time shorting opportunities on the market.




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At the time of publication, Kass and/or his funds were short Ambac and MBIA, although holdings can change at any time.

Doug Kass is founder and president of Seabreeze Partners Management, Inc., and the general partner and investment manager of Seabreeze Partners Short LP and Seabreeze Partners Short Offshore Fund, Ltd.


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