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September 25, 2005
Senator Frist and "Insider Trading." A Primer on This Week's ScandalSenate Majority Leader Bill Frist is a rich guy. Besides making crazy cardiologist loot, he came from a rich family, valued at over a billion. His father, Thomas, helped found Hospital Corporation of America, a company that grew into what is now the nation’s largest chain of private hospitals. And as you might expect, Bill owned some HCA stock. How much? Well that isn’t quite clear. In 1994 his HCA holdings were valued at $13 million. The next year he entered the Senate, and because he would be working on legislation that could impact the med. industry and therefore HCA, he did what Senators are supposed to do - he placed his HCA and other assets in a blind trust. Now, I don’t know much about blind trusts. I sorta thought the whole point was that you would be, you know, blind to the assets once they went in. That your trust manager would give you some overall accounting as to the entirety’s worth, but you’d have no input into the purchase or sale of its constituent assets. I hope I’d be excused as to this notion. The AP notes that Frist himself seemed to believe much the same when he explained in a television interview: "Well, I think really for our viewers it should be understood that I put this into a blind trust. So as far as I know, I own no HCA stock" (h/t Captain's Quarters) Now it appears quite certain that Frist knew he still had HCA in his trust. It’s certain because, in June, he specifically directed his imposingly named trust fund manager, M. Kirk Scobey Jr., to sell it. All of it. And the BIG QUESTION is whether Frist was the beneficiary of “inside information” when he ordered the sale. The background: For a long time HCA had been sort of floundering, been indicted for bad stuff in the past and the stock suffered as a result. Around October 2004, though, things started to change. HCA began a long upward climb. By late June of 2005, it reached a peak of 56% more than its October value. During the rise, HCA executives started selling off their personal holdings: The sales, which included moves by [HCA's] chief executive, treasurer, senior vice president for government programs and several directors, were among the largest insider selloffs analysts had seen, LoPresti said. Many officers made their largest trades ever in April, only to top them again in May and June, LoPresti said On July 13, 2005, HCA announced a sucky second quarter, with earning beneath the all important “analysts’ expectations.” Not surprisingly, the stock began a prompt tumble, quickly sliding 16% from its June 22, high. And it’s still down round there. Were the executives making their previous decisions to sell based on insider knowledge that the second quarter was going to be off, knowledge that wasn’t publicly available until July 13? Maybe the executives were ‘insider trading.’ Maybe they weren’t. I don’t know. That’s still not Frist’s real concern though. This is: On June 13th, near the stock’s June 22nd high, and the tail end of the exec’s mass sell off, Frist contacts Scobey, and says “Scobey, sell all my HCA. Mine and my wife’s” Now Frist, because it’s a blind trust, can’t control the exact timing of the sale, but his trust manager gets around to it, dumping Frist’s personal shares on July 1, and Frist’s wife’s on July 8 - the last sale, coming just one week before the bad earnings announcement and the stock’s fall. So you see the big question, don’t you? What prompted Frist to sell all his HCA? Did he get a tip from an HCA exec with inside info? Or, put more legalistically, did Frist have material nonpublic information regarding HCA at the time he ordered the sale. "Frist has been in the Senate for many years now, and the conflict is not new," said Melanie Sloan, executive director of the watchdog group, Citizens for Responsibility and Ethics in Washington. "Why did he decide to sell it then? Why not years ago? What's changed? Did he know that the stock was about to take a fall?" The usual crowd, not surprisingly, think the facts, facially, convict the majority leader and the Republican party: Democrats were quick to pounce on Frist's problem. Democratic National Committee Chairman Howard Dean urged the agencies involved to "fully and vigorously investigate Frist's suspicious stock trade." He added: "Republicans in Washington have made their culture of corruption the norm." Federal agencies are looking into the matter: A spokesman said Frist's office has been contacted by both the SEC and the U.S. attorney's office in Manhattan about his divestiture of the stock. HCA disclosed separately that it was subpoenaed by the same U.S. attorney's office for documents that were related to Frist's sale. Frist and HCA said they are cooperating.
Well why not just say that? Why the lame ‘avoid the appearance of impropriety’ excuse? Anyway, we’re gonna be hearing a lot about it, as intrinsically technical and boring as it is. Frist wants the republican nomination in ‘08 and this, depending on how it breaks, could take him out. Even if he’s clean, he doesn’t need ‘Mr. and Mrs. Swing-Vote’ learning his name in the context of scandal allegations. Somewhere, a former Senate Majority leader is chuckling himself silly. posted by Dr. Reo Symes at 04:55 PM
Commentshttp://tigerhawk.blogspot.com/2005/09/bill-frist-insider-selling-and-doing.html Posted by: Village Idiot on September 25, 2005 05:01 PM
Frist's been useless as leader anyway. This is a good excuse to kick his ass out and get Kyl in. Btw, anyone watch the LARP-mocking commercial during football? Posted by: someone on September 25, 2005 05:13 PM
Wow, Doc-- keep up this kind of excellent in-depth analysis, and Ace could get jealous. I'd watch my back if I were you. Cheers, Posted by: Dave at Garfield Ridge on September 25, 2005 05:22 PM
I'll be following the left's interest in this case as soon as I'm satisfied they've fully explained the actions of Teddy K re: Ms. Kopechne's last breaths. Hoo-ah! Posted by: Brennan on September 25, 2005 05:26 PM
You don't need "insider information" to time a lot of this stuff --- unless there is blatant MCI type fraud going on internally. Just pay attention to trade rags, rumors, and such and apply some experience in the way the world really work as opposed to how people with it worked. Years ago I predicted the Lotus 3.0 ship date slipping by a year. I predicted the dBase 4.0 quality fiasco. blah, blah. Most recently I predicted Taser Intl to take a modest hit. A lot of US hospital related stocks are going to be tanking soon. People are starting to get savy to the fact that they can take their business to India, Singapore, or Thailand and have a whole major medical procedure performed (including air travel and expenses) for less than a co-pay for the same procedure here in the US. The PacRim doctors/hospitals are glad to have the business, and the US customers are glad to be pocketing the significant difference. ~$20,000 for an invitro fertilization in the USA versus ~$2,500 in India. That's a no-brainer. Posted by: Tony on September 25, 2005 05:27 PM
My understanding, admittedly limited, of a blind trust is that is allowable for Frist to know what it contains, just not how much, and he can instruct the trustee to make a change. In other words he can tell the trustee to sell all of his HCA stock but he doesn't know if he's selling 10 shares or 10.000. Posted by: Stephen Macklin on September 25, 2005 05:41 PM
http://www.legal-explanations.com/definitions/blind-trust.htm The administrator could do something like invest everything in a hairbrained scheme to do tunnel excavations using anti-matter particle beams, or revolutionary non-surgical breast enlarger for porn stars. Most won't. Most will pretty much keep the portfolio pretty static unless something dire is occuring, so the settlor in most cases could speculate (probably accurately) the trust still contained what it did when created. I would think the 1st amendment would protect discussions like : "if there's anymore of XYZ, now might be the time to unload it". The trustee would be free to ignore this of course. Posted by: on September 25, 2005 05:55 PM
Well why not just say that? Why the lame ‘avoid the appearance of impropriety’ excuse? It brings up the "damned if you do, damned if you don't excuse". Using it makes it seem like he was trying to do the right thing, but is being punished anyway by the people that are looking for any reason to attack him. Even if it doesn't work, it still throws some confusion into the chase, which is good when you're facing an investigation. After saying that, if he has done something illegal, we should hang his ass from the nearest tree. I don't care what party is listed after a politician's name, a crook is a crook. Winking and saying "everybody does it" does not help win elections. It convinces the undecideds and the luke warm Republicans to skip the polls on election day when it appears there's no real difference between our crooks and their crooks. Posted by: digitalbrownshirt on September 25, 2005 05:59 PM
This is just the next 'shiny thing' for the Democrats. Damn that Rove is good! Posted by: BrewFan on September 25, 2005 06:01 PM
Symes, you worthless creature, you promised me Transformers. Posted by: Megan on September 25, 2005 07:03 PM
I question the timing. Posted by: brak on September 25, 2005 08:50 PM
No one is cheaper than many rich people are. I am not at all surprised. The fabulously wealthy will often cheat to preserve every penny. Hello Martha! Posted by: slickdpdx on September 25, 2005 09:31 PM
Let's not forget that "the rich" pay for everything in this country, including the vast majority of tax revenues and almost all of the employment. Don't kill the goose that lays the golden eggs! Posted by: robert108 on September 25, 2005 11:06 PM
Can we schedule the hearings on First's trades right after the one where Hillary explains how she managed to double her money on cattle futures the first time out? Posted by: Scot on September 26, 2005 12:42 AM
Can we schedule the hearings on First's trades right after the one where Hillary explains how she managed to double her money on cattle futures the first time out? THANK YOU! Sheesh, if people are going to crap themselves about this, then where's all the defecation over Hillary's "LUCK?" Or am I being silly to believe that Democrats won't be scum-sucking opportunistic hypocrites? Later, Posted by: bbeck on September 26, 2005 01:11 AM
I'm betting this was all a programmed trade, if anything, Frist probably was asked if he wanted to sell based on a fundamental stock event. Check the charts. When his sale was initiated, the stock had just converged on it's fast moving average, after a long period of growth. That is a very good time to sell a stock. It shows a fundamental weakening in price-performance and a possible downturn in the stock's momentum. Frist isn't interesting enough to do something as devious as he's accused of. I expect this will go nowhere, alongside Rove-Gate, TANG and countless other Really Big Scandals. Posted by: SomeJoe on September 26, 2005 01:52 AM
SomeJoe: you may be right about the issue of secuties law violations. I wouldn't know where to start to check if you were right or wrong about Frist's timing, and I'll assume you're spot on. So why can't Frist just say that? Everyone's eyes would have glazed over and no one would be talking about Frist's stock anymore. But no. He went with the really kinda absurd "I sold it to avoid a conflict of interest." Frist, even if he broke no security law, is also facing dire political consequences. I don't know Senate rules, but is that really how a blind trust works? (I'm not even sure if a trust was required by Senate Rules however) Also political: why'd he lie about his knowledge of the trust? The AP interview is damaging stuff. He knew he still had HCA. Captain's Quarters points out that 2 weeks before the interview, the trustee even told him they'd added more. This lie, if it is a lie as it appears, may cost him his position. Additionally, he screwed himself. The Blind trust works in two ways - to two parties' benefit. The buyer of the Senator's stock is protected in that the Senator isn't selling them something with the unfair advantage of inside info he gained in the Senate. The Senator is protected in that no one can come back and question the sale or its odd timing should fate conspire against him and coincidentally render the sale's timing or whatever dubious. He's got cover. He can say, "Hey, I don't know nothing. It's all handled by some trustee somewhere." Frist screwed himself by obviating the point of the blind trust. A smart politician wouldn't have taken the chance. Certainly not a Republican looking for his party's next Presidentail nomination. Posted by: Dr. Reo Symes on September 26, 2005 02:15 AM
Frist isn't interesting enough to do something as devious as he's accused of. I'd see you, and raise you thusly: Frist isn't stupid enough to do something as obvious as he's accused of. He may be a moron, but he's a functioning moron, and anything related to HCA was going to have to stand on its own, stench-wise. Tigerhawk's analysis of the likely truth of the matter is the best I've seen, and would indicate this should be a tempest in a teapot, at worst. Posted by: Patton on September 26, 2005 02:16 AM
So why can't Frist just say that? Everyone's eyes would have glazed over and no one would be talking about Frist's stock anymore. But no. He went with the really kinda absurd "I sold it to avoid a conflict of interest." He went with the "instinctive lie" rather than the truth - people do this all the time. Seriously - would you trust a politician who couldn't whip off a lie instinctively? Its a mandatory job requirement. The "thoughtful pause" can only be played so many times before people start to think you a dull moron rather than "thoughtful" Posted by: Tony on September 26, 2005 03:32 AM
I can't stand Frist. I'm a doctor, so I need to go help the poor in Africa to keep up appearances while Arlen Specter is shaking things up in the Senate, lying his brains out, and making a monkey outta' me.
Posted by: rdbrewer on September 26, 2005 12:32 PM
After all, I am a doctor. So I must be transported to New Orleans at tremendous public expense to make myself look really good and use my doctor's hands doctoring all the poor, hurting people who need a doctor, because I am a doctor. Posted by: rdbrewer on September 26, 2005 12:35 PM
DAMMIT, I'm a doctor, not a Senate majority leader! Posted by: rdbrewer on September 26, 2005 12:36 PM
Hey, you're cutting into my doctor face-time with all this politics shit. Posted by: rdbrewer on September 26, 2005 12:38 PM
I put my doctoring in front of the majority's business, because people's lives are more important. And I'm the only doctor with the skillz to save anyone. All the others are shit. They don't know nuthin'. Plus, they don't need to look good. They're aren't running for president. Posted by: rdbrewer on September 26, 2005 12:41 PM
And when I'm president, I promise to leave the White House totally un-manned when I get the urge to go do some doctorin'. Posted by: rdbrewer on September 26, 2005 12:42 PM
You know that big, hole-digging pizza in Star Trek? McCoy didn't know shit. I would have used portland cement and a glucose drip. Fucking McCoy. What an idiot. I should have got that job too. Posted by: rdbrewer on September 26, 2005 12:45 PM
It's the attack of the italics! Someone help us! Posted by: Edward R. Murrow on September 26, 2005 12:51 PM
Murrow, you're an idiot. Because you're not a doctor. Posted by: rdbrewer on September 26, 2005 12:53 PM
Dammit, rd! I'm a hard hitting ink-stained wretch, not a doctor! Posted by: Edward R. Murrow on September 26, 2005 12:55 PM
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