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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 silk knot cufflinks. “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, said he has faced “constant” legal threats, at least one undercover operative, and a failed $50 million investigation to discredit his research silk knot cufflinks.
“More than ever, bad companies are trying to shoot the messenger through any means available,” Block said. In the days after Rota’s post, Farmland issued a public rebuttal and Pittman, a former farmer and financial executive, said the company had to go on an “‘I am not a crook’ tour” in meetings and calls with investors and business partners. Most were sympathetic, Pittman said, including farmers who had traded land for stock, but Farmland lost a potential partnership and had to cut staff from 17 to 13 silk knot cufflinks.
George Moriarty, executive editor of Seeking Alpha, said that courts have respected the site’s status as a neutral platform and that its staff vetted all posts. In this case, Rota made “limited factual corrections” after Seeking Alpha contacted him about Farmland’s rebuttal. Still, shares have never quite recovered, and Rota told Reuters that Farmland has yet to substantively address his concerns. Stock analysts said Rota’s language was dramatic relative to the underlying issues and instead focused on broader business challenges and the potential costs of fighting back silk knot cufflinks. Farmland recently reported about $1.6 million in extra expenses over 2018, before insurance, citing Rota’s campaign. That included defending against a related shareholder class-action and legal costs from its suit against the short seller..
Mitts has submitted his opinion on put options in the case, a pattern he said he discovered independently during his academic research. The short seller behind the Rota moniker told Reuters he planned to challenge Mitts’ assertions and would continue his defense of first amendment rights. Farmland’s lawyers said Rota’s free speech argument was undercut by his acknowledgement of payments received for research on Farmland silk knot cufflinks. Whatever happens in court, the SEC is watching. Rota submitted his Farmland analysis to the agency’s whistleblower hotline, while Farmland later briefed SEC staff on its side..