Legal Fraud vs. Intellectual Fraud: The Growing Challenges Activist Short Sellers Face
Feb 5, 2021
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Carson Block discusses legal vs. intellectual fraud, the GameStop short squeeze, and challenges faced by activist short sellers. They delve into the impact of unethical behavior on market integrity, analyze the GameStop saga, and explore market plumbing in high volatility situations. Block also shares insights from investigating American Tower in 2013 and the strategic implications of short activism.
Intellectual fraud exploits loopholes, while legal fraud involves clear line-crossing in corporate practices.
Growing challenges for activist short sellers stem from market structure changes and distinctions between legal and intellectual fraud.
Deep dives
The Impact of Market Mania and Social Media on Financial Fraud
The podcast discusses the impact of market mania and social media on financial fraud detection. With examples like GameStop's volatility, the discussion delves into how a vacuum in traditional media has empowered social media to influence financial decisions. The speaker highlights the risks of reducing complexity in financial systems amidst an era of heightened financialization and media atomization during lockdowns.
Legal vs. Intellectual Fraud in Emerging Markets
The distinction between legal and intellectual fraud in company practices is examined. While legal fraud involves clear line-crossing leading to liability, intellectual fraud operates in a gray area by exploiting loopholes within accounting standards and safe harbor statements. The speaker emphasizes the insidious nature of intellectual fraud, highlighting its alignment with a growing societal problem termed the 'detect the box apocalypse.'
Challenges in Fraud Enforcement and Investor Expectations
Challenges in fraud enforcement and the evolving standards in the financial industry are explored. The discussion touches on the overwhelming profitability of scams in current market conditions, leading to lax enforcement across legal and intellectual fraud. Investors are urged to demand accurate information, highlighting the ethical dilemmas faced by companies in presenting misleading data to avoid market repercussions.
Fragility of Markets, Passive Investing, and Fraud Detection
The interplay between market fragility, passive investing, and fraud detection strategies is analyzed. The narrative underscores how passive investment dominance can make markets more vulnerable, replacing active managers and compromising the balance between fundamental and technical analysis. The discussion emphasizes the crucial role of uncovering fraudulent practices to maintain market integrity amidst evolving investment trends.
Carson Block, CIO of Muddy Waters Capital LLC, joins Real Vision managing editor Ed Harrison to discuss the different forms that financial fraud can take in the corporate world, what happened with GameStop last week, and how changing market structure makes activist short selling increasingly more difficult. Block distinguishes between two types of fraud that corporations can commit—legal fraud and intellectual fraud—and explains how insidious and corrosive the latter type is for companies. Harrison and Block then consider why these companies committing intellectual fraud are not being held accountable and how that leads to decaying faith in public institutions. Block also provides his perspective on the short squeeze in GameStop from last week, exploring how initially a smart retail trade morphed into a different sort of animal. He touches on the financial plumbing occurring behind the scenes and whether it truly is efficient or not, and he shares how he sizes positions for shorts, the growing challenges activist short-sellers face, and his experience while investigating American Tower in 2013.