David Dayen, a persistent chronicler of how oligarchs exploit the financial system to enrich themselves at the expense of others, writes about Chris DiIorio, a stock analyst who for 10 years has obsessively investigated how exactly he came to lose $1 million on one penny stock. A remarkable story ensues.
One summer day in 2012, Chris DiIorio pulled up outside a home that Colorado Goldfields Inc., a mining company in Littleton, Colorado, listed as the home address of its chief financial officer, Stephen Guyer.
DiIorio — whose investigations into the penny stock market dated back six years, to when his own investment swelled up before losing $1 million in value in two months — had already determined through property records that Guyer didn’t own it.
As he approached the front door, he found the shades drawn and no sign of life in the house. “It looked like the only thing active was the mailbox,” DiIorio said.
Colorado Goldfields, originally listed on the over-the-counter market as CGFIA, has traded at or below $0.01 since September 2013, making it a quintessential penny stock, one of the many DiIorio researched for years before making a formal Securities and Exchange Commission complaint about a potential wide-ranging fraud scheme.
(In an interview with The Intercept this month, Guyer said that he rented the property DiIorio visited because his association with the company wiped him out financially. “The company is in a total neutral situation,” Guyer said, citing active litigation with the former leadership.)
Like many of the penny stocks DiIorio had determined that the giant New Jersey-based financial firm Knight Capital actively traded, Colorado Goldfields stock had been placed on the Depository Trust Company’s “chill list.” Public records indicate that Knight traded 8.5 billion shares of CGFIA stock in 2012 — 31 percent of the total share volume — after the stock was placed on the list in May 2011.
The chill is given to stocks for various reasons, including displaying suspicious activity.
Guyer criticized the DTC for “acting arbitrarily” in chilling Colorado Goldfields. But the chill may have been issued because the company appears never to have mined any gold or other precious metal. Indeed, its most recent annual SEC filing, in 2013, states, “We have not generated revenue from mining operations.”
Guyer acknowledged that the company was always pre-revenue, claiming that project-level funding that would allow mining to commence would always fall through right before the transactions completed.
Along with this run of bad luck, Colorado Goldfields’s main activity seems to be generating press releases, announcing the acquisition of mines or approval to begin work at an existing mine. DiIorio found several of these press releases, which the company began issuing in 2007; in at least one instance, the company announced the same acquisition in separate press releases more than a year apart. (Guyer explained that “in those cases, we were announcing contracts that were entered into and weren’t closed.”) Yet the press releases would lure investors into the stock and the stock price would fall, to the benefit of the stock’s manipulators — and Knight Capital, according to DiIorio.
It’s not uncommon for new companies, even ones publicly traded over the counter, to show no revenue for several years. After all, the majority of startup businesses fail. But not all of them embark on a frenzy of stock issuance.
Between 2008 and 2012, Colorado Goldfields authorized the issuance of an amazing 35 billion shares of stock, while the stock price moved from $3 a share on June 15, 2007, to $0.01 on April 2, 2009, staying at or below a penny for three years, despite enormous trading volumes (over 1.4 billion shares moved in just four days of trading in August 2012).
Colorado Goldfields stock price chart.
24hgold.com
Asked about the massive stock issuance, Guyer said, “There was significant trading. A lot of that came from conversion of debt.” In other words, Colorado Goldfields would pay off creditors with IOUs that they could convert into stock — and Guyer claimed a lot of the stock issued came from them. “Once put in place, those conversions go out of the company’s control. As it converts, it does put downward pressure on [the stock] price.”
That’s exactly the kind of behavior DiIorio suspected was taking place with Best Rate Travel, the stock whose collapse launched his personal investigation.
In August 2012, Colorado Goldfields announced a reverse split of its common shares at 1-to-5,000, just the sort of activity DiIorio had noticed in other stocks. After the reverse split, the company was issued a new nine-digit identification code, or CUSIP, and began trading as CGFI.
That aligned with another of DiIorio’s claims: He suspected that Knight was “naked shorting” — or selling shares of stock it didn’t have — and then once the stocks changed ID codes, Knight had no way of actually completing the transaction. As a result of the new CUSIP, Knight would as a result accumulate what are known as “aged fails” on its balance sheet.
Colorado Goldfields had a particular distinction, which is what aroused DiIorio’s interest in the first place: Two of its top traders were Knight Capital and UBS, the massive Swiss bank. Knight traded 31 percent of its shares in 2012; UBS traded around 5 percent. (Guyer said he didn’t recall the trading volumes of Knight or UBS.)
This correlation between Knight and UBS was not an anomaly. According to DiIorio’s research, Knight and UBS were also the top two traders in 2012 in Universal Detection Technology (UNDT) (totaling 69 percent of all shares), and the top two traders in Sungro Minerals (SUGO) (totaling 51 percent). Like Colorado Goldfields, both of these companies appeared on the DTC chill list, and admitted in SEC filings that they’ve never generated significant revenue — but they’ve issued billions of shares of stock.
Knight and UBS even traded a stock called Videolocity (VCTY), though the Pink Sheets website refuses to list information about it, showing only a skull and crossbones. Videolocity, a consulting firm whose website is in Japanese (and mostly discusses cat food) despite being incorporated in Nevada, did not return a request for comment.
“It strains credulity for these two large market players [Knight and UBS] to coincidentally find themselves in bed together this many times,” DiIorio wrote to the SEC in 2013.
Knight declined to comment on its penny stock share volume. UBS spokesperson Peter Stack would only say, “UBS applies strict due diligence and anti-money-laundering standards to all its business.”
Several penny stocks Knight and UBS traded shared similar fates: rapid drops in value, followed by reverse splits that brought the stock price back up, and then more drops in value. The only thing left was to figure out how both Knight and UBS could prosper while seemingly being on opposite sides of the same trade. How could this possibly be in both of their interests?
This yo-yo would crush the investment of whichever company was on the side of the trade betting the price would go up.
DiIorio came up with a hypothesis after he read the text of an enforcement action against UBS in October 2011 taken by the Financial Industry Regulatory Authority, or Finra, which is the security industry’s self-regulatory organization. Finra had fined UBS $12 million for violations of regulations prohibiting abusive naked shorting and “failing to properly supervise short sales of securities.”
This was precisely what DiIorio had accused Knight Capital of doing. Finra discovered that UBS placed “millions” of short sale orders without locating the securities.
The SEC, in a separate action, merely called it “faulty record-keeping” and fined UBS just $8 million in a civil settlement without going to court. “They basically punted,” DiIorio said.
But finding out that UBS had been accused of the same issues with short sales that he saw in Knight gave DiIorio an idea for a theory that could explain everything.
David Dayen, a persistent chronicler of how oligarchs exploit the financial system to enrich themselves at the expense of others, writes about Chris DiIorio, a stock analyst who for 10 years has obsessively investigated how exactly he came to lose $1 million on one penny stock. A remarkable story ensues.
So, Finra fines UBS a paltry sum for rule violations and poor record keeping, thus closing the door on the matter. Case closed. This is how “self-regulation” works.
So Big Black got it right:
I think I fucked your girlfriend
Once or twice
I don’t remember
Then I fucked all of your friend’s girlfriends
Now they hate you
https://www.youtube.com/watch?v=vSivVYwKwZc
Alright, so the guy is mad because he couldn’t make it as a parasite profiteer where others did. I can only begin to imagine how frustrating this can be to someone who believes his purpose in life is to get rich at the expense of others.
I have absolutely no problem with penny stock traders scamming each other. It’s exactly what they deserve and, naturally, whenever one emerges as a winner, there must be 100 losers to make it possible. The odds are better than the state lottery, I suspect, but the initial investment is much larger.
Correction. He DID make it – tripled his initial investment. Of course, spending 6 years trying to figure out why in the world he didn’t make a 1300% undeserved profit instead of a 300% undeserved profit might have cut into his gains a little. And, of course, there are taxes to pay so, unless he was able to get a real job, he’s probably not so well off.
I suppose he expects to somehow get some multi-million dollar award from some government agency for ‘exposing’ this. Good luck with that.
So, I see that there is a Part 6 coming soon. Hey David, can you at least tell your readers how many installments there are?
At least put 6/?. I’d like to know of there are 7, 10 or 20 parts to this story.
Why do the complainers keep reading ? Dilorio’s curiosity and tracking of these doings brings light into an obscure criminal enterprise. I doubt that I am alone in finding this story holds a similar interest as some of the good journalism of Matt Taibbi. I also doubt that I am alone in just wanting to understand how this shit works( shorts, naked shorts, regulations, chill lists, aged fails etc.) There seem to be several interested readers though Intercept commenters love to complain even as they read episode after episode.
— from article three of the series.
A quadrillion is a very large number ( one thousand trillion ) it would be very odd to very odd to have securities valued at that amount–several times the size of the total world economy (approx. 75 trillion). I think it is supposed to read a quadrillion in transactions.
But maybe you are right. Someone should probably look into it.
The uncritical repetition of a shaggy dog story.
Whatever reason this guy has for being mad at the people he is mad at–the story given isn’t it.
The guy triples his money in a short period of time and becomes so pissed that he obsessively investigates how exactly he came to make two hundred thousand dollars on one penny stock.
The excuse for his anger is that:
Now that’s journalism. Or at least what I recall of it. Many have already pointed out the stupidity of calling ‘not selling at the peak’ a loss, and right out of the gate the story’s credibility is taking a big hit.
No, he didn’t take a loss, he made a two hundred thousand dollar profit. Imagine the devastation.
Tripling your money is now “crushed completely.” This story is being sold with the hype and credibility of a stock broker. And the million dollar number is hammered over and over and over and over again.
I’m trying to figure out how his expectations for this investment were so high that only tripling his money would make him so pissed. He must have made billions as a stock broker/analyst.
Four parts later…
OK. This information may have been much better served in Part 1.
I understand why this guy wants to sell the story the way he does, I just don’t understand why the Intercept wants to play along. At least you have to admire the unrelenting desire to keep playing the game.
The funny part is that an SEC whistleblower reward is even more unlikely than tripling your money on penny stocks. And when you think about it, the two approaches aren’t very different at all.
This is the pump phase.
I found the following article interesting. Well, informative might be a better word.
https://en.wikipedia.org/wiki/Depository_Trust_%26_Clearing_Corporation
This of course is just one small part of the massive naked short-selling Problem. By many estimates its 6 billion dollars a day of counterfeit stocks. Some incredibly deep journalistic work on the problem can be found here:
http://www.deepcapture.com/
The Pink Sheets serve a valuable purpose of separating fools from their money. Since there are no disclosure requirements, anyone can register a company, talk it up on internet investment boards, and when a sufficient number of marks bite, sell out their shares. Then they register the next company and repeat the process. It really doesn’t require naked short selling to make this process work, and Mr. DiIorio’s explanation of how this all works is hardly a model of clarity and logic. He makes a lot of claims but offers no proof.
So Mr. DiIorio invested in a worthless stock, watched as the promoters talked it up and then cashed in, while he was frozen out with a lock-up agreement. The actions of Knight Capital were incidental to this process, except to the extent they help to prop up the entire system. It’s a system designed to bilk investors. If you have more money than you need, invest it in the Pink Sheets and you will have an entertaining story of how you lost it. And maybe The Intercept will even serialize it for you. But for everyone else, if you have some money to invest, contact me and I will sell you shares in something really substantial: the Brooklyn Bridge.
Yup. Uh-huh. Right on, Brother Duce.
Now, this all makes sense. That complaint letter is borderline unhinged. It explains why Dilorio does not quite get how CUSIPS are handled post stock split or how the “market making” exemption to the share locate rule works. I hope Dayen ran this past some industry people he trusts because its a mess
Damn fine reporting so far. Looking forward to the next installments.
This criminal behavior via KC and UBS I very familiar with
I too was caught in this nss, pipes, pump and dump,along with many thousand other shareholders and the SEC just looked the other way
A story of two companies that are as interesting as the one you are reporting on One of these companies printed over 700 billion fake shares and dumped them into the market place screwing investors and stealing their saving and retirements all for out of control greed
” ‘Once put in place, those conversions go out of the company’s control. As it converts, it does put downward pressure on [the stock] price.’ That’s exactly the kind of behavior DiIorio suspected was taking place with Best Rate Travel…”
Really? Seems entirely unrelated to everything else you’ve mentioned in the series so far. Indeed, it sounds like a classic instance of toxic convertible debt finance. Firms that can’t raise funds in traditional ways sell convertible debt…it has to be convertible because no one in the right mind would lend firms like this cash at a normal interest rate. Often times the debt holder suspects the stock will crash in value (often as a direct result of this debt) and so demands price protection on the conversions…so that they get more shares if the stock price is lower. The flood of new shares resulting from the conversions depresses the stock price further, which causes even more shares to be issued. Thus, the infamous “death spiral.”
What this has to do with Naked Short Selling eludes me. True, the debt issuer often “sells short against the box”, meaning they will shares they don’t yet own in to lock in the value of an imminent conversion. That’s really not naked selling, as the issuer will soon possess the shares.
But even that would have nothing to do with malfeasance on the part of any Market Makers. You might point an accusing finger at corrupt lenders, who loan cash through death spiral converts knowing (or strongly suspecting) that this will bleed the stock price dry. But I simply don’t see how this connects with anything else in your narrative.
The best part of this being serialized is watching the impatient (male, I’m guessing) know-it-alls jump to conclusions–all wrong.
Spot on. They are my favorite closely followed by the, “nothing to see here” or “you are drawing wrong conclusions” crowd.