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Each week, it seems, brings a new clue to the potential manipulation of Sirius XM (SIRI) stock. I had mentioned several weeks ago that Goldman Sachs (GS) was the current holder of approximately 130 million dollars' worth of 300 million dollars in Sirius convertibles, due in February of 2009.

It is the root cause cited by message board bashers who want to instill fear and manipulate the stock price, by making unfounded statements regarding Sirius XM and bankruptcy protection. Most are quick to point to an SEC filing that refers to the period ending June 30, 2008, in which the company provides a disclaimer regarding the potential inability to refinance the bonds.

The reason these message board statements are unfounded are many:

  1. Sirius XM CEO Mel Karmazin appeared on national television after the filing and made a public statement that it is not an option. Troubled companies do not do this.
  2. Second, Mel has personally been buying Sirius XM shares.
  3. The company is increasing revenue while decreasing costs. The balance sheet is heading in a positive direction. Failing companies do not have this luxury.
  4. In the company's most recent conference call, Mel outlined an extremely detailed plan for removing the convertible bond issue completely - making the issue a moot point.

Which brings me to the point of this article. A lot of attention has been placed on the company's forecasts 18 months from now as the reason for the decline of the stock price. It took an astute poster on the SiriusBuzz forums to lay out another plausible scenario, which again leads us back to the 2009 convertibles held mainly by Goldman Sachs.

The main point of contention is one particularly overlooked statement made by Mr. Karmazin at the recent call. Mel states:

“…You shouldn’t be surprised that the holders of the convert have been very anxious to talk to us about, “gee, we’d like to exchange that for another piece of convert”. That is not the interest that the company has…”

Mel told the bondholders such as Goldman that they have no interest in diluting the stock further and that the company will not be paying more interest with a new convertible offered at a lower strike price. That was certainly enough to raise an eyebrow. It also means no dilution for the “short” story.

This can’t sit well with Goldman, as I imagine anyone would want a piece of a company with multi-billions in revenue on the cusp of profitability. I’m sure they would embrace the idea of being paid to buy that company’s stock at a substantial discount. I know I would!

The question is, how far might they and others go to force such a move? With no hope of receiving a new convertible, the only way to make money with the existing one is to supress the stock price to the benefit of their own short position. Each dollar the stock rises or falls represents 130 million dollars to the bond bullies. I suggest that any reader who wishes to know more about this potential issue visit this thread at SiriusBuzz.

Positions: Long SIRI; no position GS

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This article has 29 comments:

  •  
    Well Duh!!!!!!!!!!!!!!!!!
    2008 Sep 14 11:34 AM | Link | Reply
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    Just think after feb 9 2009 tv won't be free no more you will have to have cable or satelite dish to watch tv with in five year i bet radio will be the same way sirius stock will go throw the roof I think Mel knows what he's doing i think very one needs to set back and wait for the fireworks he know what he's doing .
    2008 Sep 14 12:16 PM | Link | Reply
  •  
    If, as you claim, SIRI is being "manipulated," WHY SHOULD ANYONE BUY IT? The answer is obvious - they shouldn't.

    If, as I claim, SIRI is the stock of a corporation in deep financial trouble, WHY SHOULD ANYONE BUY IT? The answer is obvious - they shouldn't.

    As an underwater long, you have a vested personal interest in pumping this pig stock. That means you have no credibility.

    BTW, the SEC filing that includes a SiriusXM BANKRUPTCY WARNING, is a SiriusXM 10-Q (a sworn, binding legal document) that was actually filed in August AFTER the merger occurred. I've yet to see ANYONE at SiriusXM swear to a public statement or PR. There is NO PENALTY of any kind or description that attaches to false, misleading or incomplete statements made by a corporate executive in a public statement or PR.

    The bankruptcy warning issued by SiriusXM constitutes a serious risk to any investor. They didn't include that statement just for giggles.

    2008 Sep 14 12:19 PM | Link | Reply
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    rstreeter, you are dead wrong. Anyone with a digital converter box will be able to watch free TV forever, those transmitters aren't going anywhere - and Mel is in WAY over his head, if not his paygrade.

    2008 Sep 14 12:24 PM | Link | Reply
  •  
    sucks, your alias speaks for itself. Think whatever you want, complain anytime you wish, nothing will ever come of either one. Most readers realize that you can't intelligently debate or counter my posts, so all you can do is complain to Yahoo. Any moron can complain to Yahoo.
    2008 Sep 14 12:29 PM | Link | Reply
  •  
    I hear that GS may go bankrupt. I think if someone shorted their stock he would do very well.
    2008 Sep 14 12:31 PM | Link | Reply
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    dcellerate: Here's why you are wrong. When does it become too expensive to hold a stock price down? When the company executes on its business plan and announces the refinancing of the bond in question. Short positions that have been taken at the lower price will be forced into covering, which creates a snowball effect to the upside. Eventually, even Goldman will be forced to cover that position should the 3rd and 4th quarters show progress.

    Eventually, risking an additional 400 million to protect 400 million becomes a useless proposition. Should the stock rise, the gains realized from shorting are offset by the monies lost in an attempt to protect it..
    2008 Sep 14 12:44 PM | Link | Reply
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    You are all Clueless if you think SIRI is going bankrupt. Goldman is 100 % trying to manipulate the common stock so low that they can't seek financing other than a convert deal. When Goldman came out and said the stock was going to $1.25 after it hit $2.60 was because they got squeezed. This stock will be back to $3 by Christmas with strong sales and lowered costs. I am a new investor that waited patiently for many years to buy into this dominant franchise. Only a fool would short here at these levels. Consider each share you buy at these levels to be an option on SIRI future growth. What is the downside? vs the potential upside!

    Goldman is going to get crushed after bad commodity bets and the rest of the street is circling the waters like sharks. I smell Goldman Blood in the water. Every firm on Wall Street wants to see them get hit hard.

    I am long SIRI at $1.18 average cost. Again, what is the downside from these levels to take a shot with Mel, who happens to be a genius and why Goldman invested with him in the first place.
    2008 Sep 14 12:57 PM | Link | Reply
  •  
    Do you really think the stock price goes down 50^ after regulatory approval of a monopoly without manipulation?
    2008 Sep 14 12:58 PM | Link | Reply
  •  
    Scot here. In response to the article,"Is SiriusXM Stock Being Manipulated", the answer is a resounding yes. During the 1 1/2 years of pre-merger history, I watched as the price per share fluctuated between a low of $2.75 and maybe $4.00 where during that time, there were people who made a ton of money.

    Now in getting to the question of stock manipulation and whether it was by design or accident is another matter. But who cares? From my observation, the stock was simply jumping from low to high and back again based upon recommendations from Cramer and other analysts. And so as it was, people simply bought and sold based upon continuously changing news at the time.

    Now for today, and for all the brainiacs who want to slam Karmazin and offer advice on how he should proceed to run SiriusXM, would it be stupid of me to suggest that Karmazin has a host of other principals helping him run the business of SiriusXM and I would offer the suggestion that those officers are already ten steps ahead of the knucklehead outsiders who with only limited information offer advice as to how Karmazin and the rest of his team should manage the affairs of SiriusXM.

    And by the way, there is one more thing: For the brainiacs who offer nothing but negative comments on this post, I would like to see their credentials and ask why they are not commanding million dollar salaries while running Fortune 500 companies. After all, I think it would be unreasonable of me to assume that the Mr. Karmazin and the rest of his management team are incompetent as they have more at stake than the rest of us combined....

    Scot's Slant
    2008 Sep 14 02:25 PM | Link | Reply
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    Scot Slant I agree with your comments. We don't need all these negative comments. Sirius-XM with Mel at the helm will do just fine. Holders of the stock will in my opinion soon see more positive news eminating from the newly merged company. Then we will see a reversal of the trend in SIRIUS-XM stock from a bearish to a bullish sentiment which will result in a rise in the company common stock.
    2008 Sep 14 02:49 PM | Link | Reply
  •  
    Unfortunately for your long position, u are unaware of the reality of the situation. A convertible bond holder is the same as any other creditor.
    They expect to be paid on the due date. If the company cannot pay or goes bankrupt they lose their entire investment. Obviously, u are a juvenile who has no business background. GS wants siri to succeed or otherwise they will not receive anything for their investment. Moreover, u know nothing about investment banking. Siri is not considered a good risk and there is no chance that "fresh money is available" to take over GS position. Your "pie in the sky" statement is not founded on facts. The market price is the best indicator whether refinancing is available. It is not. There is no conspiracy or effort to keep the price down. The fundamentals keep the price down. Until a company is profitable lending interest will provide liquidity. U only have to look at the cash postion and u will understand why potential lenders are staying away. Grow up.
    2008 Sep 14 03:21 PM | Link | Reply
  •  
    SiriusBuzz jumped the shark long ago. It's articles are as deep as a birdbath.

    Another.day.has.passed...
    2008 Sep 14 05:11 PM | Link | Reply
  •  
    One year from now this "lottery ticket" will win a lot of money to those who knows and understand the Sirius stock in year 2003!
    This stock is going up in One day OF 2008 on debt restructuring, and up on Auto debt restructuring, and up on advance satellite systems, and up on profit in 2009, and up on New 300 channel programming, and up on the New portable devices, UP on unified car radio, and up in the plane, boats,used cars. This is The one and only Satellite radio!
    or you can buy a real insurance like AIG for $80 and watch it goes to $10. Who got the future? Sirius Xm Radio. $3 billion+ revenue. New Radios with Large flip screen: with News on Subjects up to the minute, with LexisNexis and others data providers are coming, with every investor on the go will love it and needed! A lot of new concepts and directions. Cars will be the Winners!
    Relax for this Stock you need perseverance !
    2008 Sep 14 07:16 PM | Link | Reply
  •  
    I have seen a thousand reasons why Sirius keeps on going down. Now a thousand and one. Has anyone considered that maybe satellite radio is not a profitable idea? No? Well maybe you should.
    2008 Sep 14 08:44 PM | Link | Reply
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    Ixnay on that consideration. Run Blue Dog Run..
    2008 Sep 14 10:38 PM | Link | Reply
  •  
    This is garbage put your money somewhere else...

    How about deep sea oil drillers or solar energy companies? Even JDS Uniphase, dirty cheap..
    2008 Sep 15 12:16 AM | Link | Reply
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    Finally, this is the best and most useful piece of information you have written about Sirius. I have been saying just those things all along, to mostly deaf ears. The stock is being manipulated by GS, and I have stated so in many past posts. Thank you for agreeing with me Brandon, and welcome to the real world of investing. Its never as it appears, and theirs always something to explain the unexplainable(such as this stock doing nothing but tank since the merger).
    For any know wish to know when it will end, it will end, when they can no longer keep the lid on it, and will have postitioned enough longs in the process.
    Have a great day.
    2008 Sep 15 12:38 AM | Link | Reply
  •  
    LOL, decellerate,

    Those SEC filings have any and every warning regarding any possible negative occurance for a company. They don't mean in the slightest sence that bankruptcy WILL happen, its just a minute possibility. What's your real name? I'm sure its in the Deep Capture story.
    2008 Sep 15 10:43 AM | Link | Reply
  •  
    Good article...points 2,3 & 4 to me are the most important, with the most telling being #2--A CEO of Mel K's reputation as a sound businessman would NEVER buy 2M shares of his own company (in addition to what he already owns) if he thought it even had a chance of failing. Just isn't done in the real world. To the poster who brought up the 10Q...that's standard issue financial rhetoric. I've seen it a hundred times--a company's legal dept requires this language not because it means it's going to happen but as SOP.

    Finally, I've posted this before...anyone who thinks Mel Karmazin is used to failing, read his bio (below). He's a proven winner and a legend in the radio biz if not the media world in general. Howard Stern was the reason the stock skyrocketed from $1 to $4 practically overnight in '04. Mel joining the organization was the reason it went from $4 to $8. People (lending institutions included) know his track record and his bankability. Everyone (including the lending institutions) knows why the stock is the price it is. It has nothing to do with SIRI being a bad company with a bad business plan or model. Btw, as I've also wrote recently, look at BAC today to see what ALWAYS happens when one company buys out another. Merrill is up on the premium and BAC is down $5 on the short--textbook. Granted SIRI is a slightly different situation but why would anyone expect their deal to be any different? Hang in there longs. (read below--Mel knows radio..)

    ***********
    Mel Karmazin
    From Wikipedia, the free encyclopedia

    Melvin Alan "Mel" Karmazin (born August 24, 1943)[1] is an American business executive. He co-founded and was the president of Infinity Broadcasting and eventually became the president and chief executive officer of CBS. As of 2008, he is the CEO of Sirius XM Radio.
    Born in Manhattan, New York, Karmazin was selling radio ads at the age of 17.[2] He graduated from Pace University with a bachelor's degree in business administration[1] and worked his way up from the bottom rungs of the radio ladder in New York City.

    Karmazin presided over New York's WNEW-AM and WNEW for Metromedia when he was approached to run Infinity Broadcasting in 1981. Soon after he would add fellow New York stations WKTU-FM and WFAN into Infinity's stable. WFAN morning talent Don Imus often referred to Karmazin on the air, never by name, but by the nickname "The Zen Master".[3]

    Karmazin ran Infinity for 15 years, then sold the company to Westinghouse, then parent of CBS. For most of his career he has been known as a "Wall Street darling" for his ability to drive up the price of his various companies' stock. "The joke about him was that he was so pushy that advertisers used to buy airtime from Mel just to get him out of their office," according to a Fortune magazine article.[2]

    When Infinity merged with CBS Corporation in January 1997, Karmazin would first head CBS Radio as chairman and CEO. By May of the same year he would become Chairman and Chief Executive Officer of the CBS Station Group, overseeing the network's radio and television properties. He served as President and Chief Operating Officer of CBS Corporation from April of 1998 until January of 1999. Viacom, a media conglomerate that includes CBS, UPN, MTV, BET, Comedy Central, Paramount Pictures and Showtime, absorbed CBS Corporation as of 2000.

    As an executive of an even bigger conglomerate, Karmazin and Viacom chief Sumner Redstone had many differences, leading to Karmazin's resignation in May 2004.[4] Karmazin later said he didn't get along with Redstone and found it difficult to be "No. 2" at a company, but particularly under Redstone. The two executives continued to snipe at each other through the media even a year after Karmazin left Viacom.[2]

    Karmazin accepted the top job at Sirius in November 2004. He was a strong supporter of radio disc jockey Howard Stern at Viacom,[4] and Karmazin joined Sirius Radio after Stern did.

    In his first year at Sirius, Fortune magazine reported in November 2005, Karmazin reached deals with Ford and BMW to include the company's radios in their new cars and helped launch Sirius's first portable music player (both initiatives were in the wake of Sirius's rival, XM Radio, pioneering those moves). He also recruited Martha Stewart to Sirius, acquired the programming rights to NASCAR, and raised $500,000,000 in debt financing.[2]

    Karmazin has been inducted into the Broadcasting Hall of Fame, the Radio Hall of Fame, a recipient of the National Association of Broadcasters National Radio Award, and the IRTS Gold Medal.
    2008 Sep 15 10:50 AM | Link | Reply
  •  
    stronger balance sheet...AND NO COMPETITORS!!!

    I love my Sirius radio in my cars, and XM at home. Not sure of the details on the merging of service, but think SIRI is here to stay.
    2008 Sep 15 11:59 AM | Link | Reply
  •  
    Until the Investment houses get their asset in order, the dim view of SiriusXM will continue.

    I can't remember, is it perception affects reality, or is it reality affecting perception.

    I've been through five re-organizations in 23 years of service with my employer. In my experience, the clash of cultures at SiriusXM bewteen the two companies should just about be over. The lowered targets cited by Mel, allows the combined company a little more wiggle room on decisions and deliverables. Prime retail season starts after Holloween.... So,the witching hour is upon us. The media attack should be interesting. Right now the stock is shackled with uncertainity. The colar will come off the Blue Dog soon.

    I Love Killer's phrase:

    Run Blue Dog, Run!!!!!!!!!!!!!!!!!!!...

    2008 Sep 15 02:21 PM | Link | Reply
  •  
    For everyone who doesnt know what a stock looks like being manipulated constantly, every tick, you have a special treat today, Sept. 16th. KB Homes is putting on a show today. There bids and asks have rarely mattered, it isnt filling at all, and it goes up 10 cents on 1000 shares purchased at least 5 times every 10 minutes or so. Goes down fast too, because real buyers wont pay for those upticks.
    Watch and learn. You will understand what I mean when you view a non manipulated stock trade. I dont think Ive also seen more than 3000 shares at a time be traded today. Another sign of manipulation. They are jerking the stock around so you cant guess which way the markets going today because of the FED announcement soon.
    2008 Sep 16 12:47 PM | Link | Reply
  •  
    No one manipsnates me or my family!

    Yours Truly,

    Tawana Brawley
    2008 Sep 16 09:39 PM | Link | Reply
  •  
    manipsnates!............. I hate them things.......... I killed one once that was lyin on the porch in the sun. Thing was two and a half feet long, and had eleven rattles on it's tail. I skinned it and made a hat band for my stetson out of the cured skin. What you think about that? killer.
    2008 Sep 16 10:19 PM | Link | Reply
  •  
    I'm curious as to why the FCC took so long in approving the merger and if that is what caused SIRI to tank? If GS is holding shares and they are doing bad, if not worse why is it so inconceivable that the nation in going to hell in a hand basket? No conspiracies applied?

    Please don't hurt me.
    2008 Nov 18 10:16 AM | Link | Reply
  •  
    plain and simple only sat radio and there assests and equipment could sell for more then total stock its def fixed by gs they want to ensure there hold on the company by keeping stocks low forcing the refi to go threw gs i have 30 hours research on this and i am buying all i can 5 years ill be a millionaire off of my 10000
    2008 Dec 03 04:24 PM | Link | Reply
  •  
    $ and Technology
    The truth is, no matter how much money is owed, the product works, period. The technology works ... period. The value for the money works ... period. This is a no brainer. The infrastructure is in place, and it works ... period. So the real question is not whether we will have this kind of service and technology in a week or a month ... but who will be the owners, if that changes. It will be a bargain set of technologies for anyone interested in buying a company at a low-ball price... probably even enough of a bargain that they CAN and WILL make money. I was in a Best Buy yesterday and the Tech salesman said "I wouldn't buy an XM/Sirius Radio ... it's all over the net ... they are doomed!" Now that is exactly the kind of data I want to hear if I am looking for a bargain in a high tech company... and the last thing I want to hear if I am XM/Sirius. The names may change but the technology will survive...
    Feb 22 11:55 AM | Link | Reply
  •  
    Alot of you have intelligent things to say and some of you...well...you know who you are.

    I just want to say that I waited and purchased 1000 @ $.07 and another 800 @ $.08 and I cant wait to pick up another 1000 as soon as I think it's right...(probably $.30 or below).

    Mar 23 12:27 PM | Link | Reply