Former broker, now an independent analyst/writer on Seeking Alpha and founder and editor of the Growth Stock Forum. Focusing on small-cap, mid-cap and biotech stocks. Looking for substantial sales and earnings growth potential and seeking the best risk-adjusted returns from my stock selection. Taking advantage of medium to long-term momentum.
My articles represent my personal opinion and analysis and should not be regarded as investment advice in any way. Readers and subscribers should do their own due diligence and/or consult their financial advisor before making decisions to buy or sell securities. Trading and investing include risks, including loss of principal.
Exclusive research: http://seekingalpha.com/author/oneil-trader/research
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Please read this section carefully for some important disclosures.
Who Am I?
My name is Larry Smith. My career was spent on Wall Street as a biotechnology and pharmaceuticals analyst and also as Director of Research at Smith Barney and Hambrecht and Quist. On my website, SmithOnStocks, which can be addressed from this Seeking Alpha site, I publish articles on biotechnology and pharmaceutical companies. I attempt to be objective and present a balanced view of negatives and positives. Readers should not rely on Seeking Alpha for my latest views and articles on Seeking Alpha should be viewed as informational only. The reports section of my website reflects my most current view on a stock.
How Do I Get Paid?
My only source of revenues from my articles is from subscription revenues from my website. I do not receive any compensation from companies or investor relations firms to write articles. I do not receive any direct or indirect compensation from hedge funds, other investment managers or any entity to write articles. I consider direct compensation to be cash compensation that is directly or indirectly tied to my writing articles.
I also do not receive compensation in the form of content. I believe that it is not uncommon for some writers to receive content from hedge funds, other investment managers or any entity that are critical components of the articles that they write. I consider this as non-cash compensation. I do not receive advertising revenues from my website so there is no incentive to be sensational in order to create page hits. I only get paid if my subscribers believe that my articles are of value to them and they then decide to subscribe to my services.
You Should View Articles Published on Seeking Alpha as Informational Only
I want to make clear to readers that not all of the reports that I publish on my website are also published on Seeking Alpha. Also, I will sometimes make reports available on my website a significant period of time before publishing the same or a condensed version on Seeking Alpha. All of the articles that are published on Seeking Alpha and my website at the same time have consistent views and opinions. However, at a later data, it may be the case that my viewpoint and opinion may change and these changes in viewpoint and opinion may only be published in articles on my website.
For this reason, readers may want to check the reports section on my website for my current opinion on a stock and should not rely on the latest Seeking Alpha article as my viewpoint or opinion may have changed. The content on my website is intended only for subscribers, but non-subscribers can view the headlines in the reports section which in most cases but not all will announce a change in viewpoint or opinion. However, I emphasize that I undertake no obligation to update my articles on Seeking Alpha and the latest article on Seeking Alpha may not reflect my latest thinking. This is why I want to re-emphasize that any article published on Seeking Alpha should be viewed as information only.
What SmithOn Stocks is All About
SmithOnStocks is not registered as a securities broker-dealer or as an investment adviser with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. SOS relies solely on publicly disclosed and available information. While SOS makes all reasonable efforts to confirm the accuracy of its statements and opinions, all comments should be considered only as opinion and should not be considered to be absolute fact. Investors should carefully read the Terms & Conditions and Disclosures sections of my website. Investors should carefully perform their own due diligence, seek other points of view and consult with their broker or financial advisor.
Investing in equities includes considerable risk, and investors should be prepared for the possibility of capital loss. This is particularly the case with biotechnology stocks in which hard to predict clinical and commercial outcomes can often disappoint investors and lead to unusually large declines in price. Potential investors in biotechnology stocks must often be prepared to risk the loss of substantially all of their investment. These stocks are only suitable for investors willing and able to accept unusually high financial risk. Users of my information acknowledge that SOS and its owner are not liable to any person or entity for the accuracy, thoroughness, reliability, or timeliness of the information provided. Users further acknowledge that SOS is also not responsible for any direct or indirect losses that may arise from the use of information provided to any person or entity.
Employees of SmithOnStocks or SOS do buy and sell healthcare stocks, some of which may be the subject of written articles appearing on Seeking Alpha. In the event that employees have a stock investment in a company, that ownership is fully disclosed in notes on Seeking Alpha. On any new recommendation, I have a 48 hour waiting period before initiating a position in a stock. I trade in line with my recommendations.
In 1999 I made an ethical breach that resulted in a suspension from being a registered representative in the securities industry for a period of time. I believe that this measure was harsh beyond any reasonable measure and totally unwarranted. I have gone to great lengths in this report to give my side of the story and I hope that you will read the in-depth account that I have provided. This took place over 16 years ago and has long since ended. There has been no restriction from the NYSE for many years on my working as a registered representative if I choose to go through the required registration procedures.
Still, this NYSE action is like a Scarlett letter that I carry. I would urge you to read the full account of the events that led to this NYSE action and if you do so I believe you will agree that this in no way reflects on my integrity and the way I have always conducted myself, then and now. I strongly believe that the action taken was excessive and I think that if you read my full account you will agree.
People make mistakes. Bill Clinton lied under oath, was impeached and disbarred as a lawyer in Arkansas in connection with the Monica Lewinsky affair. However, society has judged him on the body of work that he has done. Suspensions in the security industry can result from serious infractions in which investors are defrauded or swindled. In the events that led to my suspension no investors lost money and as I explain in this report investors who followed my advice made significant amounts of money. Before you rush to any conclusions, let me tell you my story.
I Am Proud in How I Have Conducted My Career
Before I go into the details of this ethical breach, I want to emphasize that I have had a distinguished career on Wall Street. My record from 1971 when I started on Wall Street until 1999 was unblemished. I came to New York from Indiana with no business connections and no money but through hard work I became a highly regarded Wall Street analyst and was selected to the Institutional Investor All Star team in pharmaceuticals for ten years in a row. Based on my record as being the top or one of the top analysts at Smith Barney, I was selected to be head of research from 1981 until 1989. I also served on the Board of Directors at Smith Barney.
Based on my strong reputation, Hambrecht and Quist approached me in 1989 to head their life sciences research effort and to run the annual H&Q (now JP Morgan) healthcare conference. I was a Managing Director and on the operating committee at H&Q. I left H&Q in the late 1990s because I disliked the bureaucracy that was such an integral part of being head of research. I had made enough money to be financially secure and I wanted to get back into doing what I loved, biotechnology research. I joined Tucker Anthony in 1997 as a biotechnology analyst.
Explaining the Events That Led to the NYSE Issue
Tucker Anthony had a sister firm called Sutro and a decision was made early in 1998 to move health care research from Tucker to Sutro. Tucker was an east coast based firm and Sutro was based in Los Angeles. Sutro leased a New York office to which I moved. It was here that an unfortunate train of events was set in motion that led to the NYSE action that put a stain on what I consider an outstanding career.
When I moved from Tucker to Sutro, I maintained my brokerage accounts at Tucker. I conducted normal trading in this account for some months. Then the research administrative research manager for Sutro contacted me and said that for regulatory purposes I would have to move my account from Tucker to Sutro. After some time spent in looking for a broker to handle my account at Sutro I became frustrated. At that time, I had over $5 million in my brokerage accounts. While I was sophisticated in health care investing which made up 10% of my portfolio, I needed help with other parts of the portfolio. I could find no retail broker at Sutro that I wanted to trust my portfolio to. I asked and received approval to look for a broker outside of Sutro and contacted Schwab about finding an investment advisor there to manage my account.
While this was in process, the research administrative manager at Sutro called again and said that Sutro was probably planning to shut down the New York office and I would have to move to Los Angeles or leave the firm. Moving to Los Angeles was not an option for me as my roots were deep in New York. I informed her that given this choice I would soon be leaving Sutro rather then moving to Los Angeles and began to think about what to do. I came to the preliminary conclusion that I would start a consulting firm dealing in biotechnology. I also concluded that I would have to carefully manage my investment portfolio.
It was here that I made a major mistake that I have regretted ever since. Frustrated that my money was tied up in Tucker and I was unable to trade in my account and unable to find a broker that I trusted, I decided to open an account at Schwab without a broker managing it. I indicated on the account transfer form that I was self-employed based on the assumption that I was going to be leaving Sutro imminently. This was my Bill Clinton moment and turned out to be a major mistake.
I continued to work at Sutro while I was waiting for the New York office to be closed which I thought would be in a matter of days or weeks and during this time, I began to execute trades in my account at Schwab. However, after some weeks the research administrative manager at Sutro called and informed me that based on the response they had gotten from clients and the work that I was doing that the firm had reversed itself and now wanted to keep the office in New York and they were also willing to hire two assistants to aid me. There was also the promise of a significant bonus in the upcoming review that based on my work could amount to several hundreds of thousands of dollars.
Not surprisingly, I decided to stay on at Sutro instead of leaving and starting my own firm. I then looked for and finally found a Sutro broker that I could trust to help manage my portfolio. The brokerage accounts at Schwab were opened in February of 1999 and transferred to Sutro in April 1999. When I moved my accounts to Sutro the compliance department at Sutro saw that there was this hiatus when I had an unauthorized account at another firm. This was reported to NYSE.
NYSE Reviewed My Case and Took No Action for Three Years
Management at Sutro looked very closely at what had occurred and decided that while it was certainly not something they could condone, it was a minor infraction and they thought that given my stellar and unblemished record that NYSE would not take any meaningful action other than a wrist slap. Sutro decided to be pre-emptive in administering the wrist slap and fined me and suspended me for one month. They thought that this would satisfy NYSE based on their interpretation of what had occurred. They wanted me to continue with the firm, paid the sizable bonus I was due and committed to picki up all legal fees.
I then had a deposition with a lawyer from NYSE in early 2000. During a one day interview, he went over all of the details of the accounts that were held at Schwab and all of the trades that occurred in detail. He also looked at all of the reports that I had issued as an analyst during this time to compare to the trading in my account to the issuance of research reports. I then heard nothing more from the NYSE for three years.
Sutro concluded as did I that this issue was behind us. Three years later in mid-2003, I heard from NYSE to my shock that they were re-opening the case. Why after three years was the case being re-opened? In talking to the lawyers at NYSE, I came to understand that this was the result of Elliott Spitzer’s attack on Wall Street research. Remember the famous case of Henry Blodgett who recommended stocks of investment banking clients to clients that he thought were actually sales.
NYSE enforcement was under pressure because this unethical practice had been brought to light by Spitzer and they had missed it. They were under pressure to show how tough they could be as enforcers. They reviewed their records and came up with my case which they decided to reopen it in order to show that they were aggressive enforcers.
They went over the same information that had been gathered in early 2000, but came up with an entirely different interpretation. They said that I effected stock transactions shortly before issuance of research reports which I had prepared and this was a violation of Exchange Rule 472.40(2) (iii). They also said that I failed to disclose that I held securities in stocks recommended in a research report. They said that I opened accounts at a member firm that concealed fact of my employment at another member firm; violated Exchange Rule 407(b). They recommended a censure and two and one-half year suspension.
Two Stock Trades at Question
The information on opening an account at another firm is something that I just discussed at length. This was not in dispute. However, NYSE focused on two stock trades that I made and explained the suspension largely on the basis of these two trades. I believe that they were clearly wrong in their conclusions. Let me discuss those trades in detail.
The first trade was in Stericycle, a medical waste disposal company. I had been following the company for some time with a neutral rating. In my reports, I noted that the Company wanted to buy the medical waste disposal business of Waste Management and if they were successful, I would immediately go to a strong buy.
This acquisition was announced on April 14, 2009 after the close at 4 PM EST. Because it was 1 PM in Los Angeles I held a conference call with Sutro’s traders and the salesforce and told them I was going to a strong buy on the stock. It was the practice of Sutro to initiate new ideas with a conference call in this manner. The traders and sales force would then go out to the clients with the idea. After this, the analyst would follow-up by publishing a note on First Call (an electronic distribution network) and this was done on April 15 This was then followed up by a written research report on April 16. On April 16, I bought 2500 shares of the stock at a price of $12. This was accepted practice at Sutro for research analysts buying stocks that they recommended. There was no requirement to wait for a period of time to buy the stock. The analyst was allowed to buy the stock at the same time as other Sutro employees and clients
The NYSE judged my conduct on standards that were different from those that were accepted practices at Sutro. By today’s standards, the Sutro practices seem very loose but they were common at the time. This is why Sutro did not view this trade as a breach of conduct and kept me as an analyst. The NYSE also said that I did not disclose that I owned Stericycle in my written report. However, none of the analysts at Sutro were required at the time to do so. This was also standard operating procedure.
Stericycle was a major success for investors. Adjusting for stock splits the stock traded at about $3.00 when I first recommended it. Fifteen years later, the stock is trading at about $119. This was one of my best recommendations ever. I held the Stericycle stock for many years and only sold it recently.
The NYSE did not accept that my actions were in line with the practices of Sutro even though I produced a letter to that effect from the research administrative officer. I also argued that a $30,000 investment in a portfolio that amounted to $5 million at the time was de minimus. I argued that the stock was bought and maintained as a long term investment. I argued that it was an excellent money making idea for investors. The NYSE dismissed all of these arguments and maintained that I traded ahead of my recommendation.
The second trade that the NYSE emphasized was a trade in Schering Plough. On April 18, the stock had traded down by 5%. I had an accumulate rating on the stock essentially telling investors to buy the stock for the long term, but connoting less emphasis than a buy. In the morning call to traders and salesmen, I alerted them to the price weakness, but told them there was no change in the fundamental outlook and there was no change in my price target. I was not intending to issue a report, but the research administrative manager told me that the price drop in Schering Plough based on my price target indicated 25% upside that was the accepted criteria for a buy recommendation. Hence, I needed to put out a report in which I upgraded my opinion from accumulate to buy.
I bought the stock on April 20 at the same time as the written report was issued. I previously owned 500 shares and this increased my position to 1000 shares for a total investment of about $35,000 which again was within a $5 million portfolio. The NYSE again accused me of the same things as in the Stericycle situation. They said that I traded ahead of my recommendation and did not disclose that I owned the stock. My responses were the same as for Stericycle and were once again rejected.
Was The NYSE Action Justified?
I think that the NYSE action was out of all proportion to what actually transpired. I think the enforcement officers applied new standards in overturning the prior decision to take no action on this case that had been in effect for three years. They were under pressure to make a big splash in the Elliot Spitzer era to show how tough they were. My recommendations were solid recommendations and indeed the Stericycle recommendation was outstanding.
I fully recognize that my decision to open the brokerage account at Schwab prior to resigning from Sutro was an ethical breach on my part even if I was planning to resign from Sutro. When I decided to stay with Sutro, I transferred my accounts immediately. I strongly and absolutely maintain that my trading in Schering-Plough and Stericycle was in accordance with policies in place at Sutro at the time. By today’s standards these seem loose, but this was common industry practice at the time.
The NYSE review was conducted by a mediator and it was he that determined the punishment. He had spent his entire career as an enforcement officer for the NYSE. He was also friends with the NYSE lawyers on my case and sent out to lunch with them during the hearing. He was the judge, jury and executioner of my fate. As I look back, I question his objectivity and motives. In writing his opinion, he did not acknowledge documents from Sutro that showed that my stock trading disclosures were in-line with their internal procedures. I had no opportunity to review or correct his opinion in the opinion he wrote. In a country in which, guilt or innocence is established by one’s peers, mine was determined by a hanging judge with no experience in the securities business and an apparent pre-determined view on my actions.
John Kozey is Director of Research at KnowVera, LLC, where he oversees research and trading of algorithmic trading strategies. Prior to that, as a Senior Analyst at Thomson Reuters, he produced reports blending fundamental and technical analysis for actionable ideas. John was also Equity Research Director for Bridge Trading Company, as well as a former institutional equity derivatives salesman, sales-trader and desk strategist/analyst. He holds the Chartered Financial Analyst (CFA) , Chartered Market Technician (CMT) and Accredited Wealth Management Advisor (AWMA) designations. He received his MBA in Finance from Cornell’s Johnson School of Management.
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- DIY Dividend Portfolio
- Triple Income Portfolio (stocks + options)
Dr. Ahanotu is a graduate of Stanford University with over twenty years of experience doing analytic modeling, executing pricing strategies through price optimization, and implementing, developing, and selling enterprise software. He adds to this industry experience another five overlapping years of research in knowledge management and organizational learning. Duru Ahanotu, Ph.D. founded Ahan Analytics, LLC to deliver sustainable, data-driven approaches for improving business performance. He recognizes the unique challenges companies face in leveraging their data to increase revenues, become more efficient, and drive profitability.
Before launching Ahan Analytics, LLC, Dr. Ahanotu was last a Sales Consultant in the Advertiser and Publisher Solutions (APS) group within Microsoft Advertising. In this capacity, he provided product knowledge, functional expertise, and technical support to APS account executives who sold APS’s suite of media monetization products. He led product demonstrations and increased the productivity of the sales team by training and certifying employees on the use and demonstration of the software. Dr. Ahanotu took on this role after Microsoft acquired his former employer Rapt, Inc. Rapt provided software solutions for maximizing revenue and yield for online media publishers.
With Rapt, Dr. Ahanotu last served as an Engagement Manager for a software implementation for a $100 million on-line publisher with a rapidly growing business. With his project team, Dr. Ahanotu created and coordinated novel approaches to inventory forecasting, structuring of product hierarchies, and ETL across software systems for order management, advertising delivery, and Rapt’s software. He also generated a step-by-step methodology for interpreting and using the results of price optimization.
As a Solutions Architect, Dr. Ahanotu served as the lead Solutions Consultant on client engagements and provided technical assistance and guidance to Solutions Consultants on other projects. Dr. Ahanotu designed and implemented price optimization solutions, demonstrating expertise in mathematical modeling, pricing, data analysis, SQL, and relational data models. He led discussions with customers and internal teams to improve implementation processes and product design.
Dr. Ahanotu held oversight responsibility for the analytic modeling for two projects using Price Director, Rapt’s price optimization software. Each project supported pricing decisions in Fortune 50 businesses: one business was a leading online media publisher, and the other was a rapidly growing technology company in a low margin business. Dr. Ahanotu helped the latter client integrate Price Director into pricing workflow. As part of this first-ever client implementation of Price Director, he worked closely with Product Management, Analytic Development, and Software Engineering to ensure that early-stage product functionality met client needs.
Dr. Ahanotu contributed several new methodologies for implementing Price Director analytics and conceptual frameworks for training clients on these analytics. He is a contributor on a related Rapt patent: “Method and System for Producing Optimized Prices for Products for Sale.” Dr. Ahanotu presented a white paper on the pricing of New Product Introductions at the 2006 INFORMS Annual Meeting. The Professional Pricing Society published this paper in The Journal of Professional Pricing (Vol. 16, No. 1, First Quarter 2007) as “Pricing New Products: Turning Portfolio Uncertainty Into Profits.”
Prior to Rapt, Dr. Ahanotu was a consultant with Integral, Inc, a small strategic management consulting firm. During his three-year tenure, he consulted on product development and technology strategy focused on high tech and pharmaceutical companies. Prior to Integral, he developed mathematical programming algorithms for managing and optimizing “Y2K” projects as an independent contractor. Prior to this work, he implemented expert systems for diagnosing and troubleshooting automotive and semiconductor manufacturing equipment as a Business Solutions Project Manager and Consultant for Expert Edge, Inc.
Dr. Ahanotu earned a Master’s and Ph.D. in Engineering-Economic Systems (1999), a B.S. in Mechanical Engineering, and Honors in Values, Technology, Science, and Society (1991) - all at Stanford University.
James A. Kostohryz has accumulated over twenty years of experience investing and trading virtually every asset class across the globe.
Kostohryz started his investment career as an analyst at one of the US's largest asset management firms covering sectors as diverse as emerging markets, banking, energy, construction, real estate, metals and mining. Later, Kostohryz became Chief Global Strategist and Head of International Investments for a major investment bank. Kostohryz currently manages his own investment firm, specializing in proprietary trading and institutional portfolio management advisory.
Born in Mexico, Kostohryz grew up between south Texas and Colombia, has lived and worked in nine different countries, and has traveled extensively in more than 50 others. Kostohryz actively pursues various intellectual interests and is currently writing a book about the impact of culture on economic development. He is a former NCAA and world-class decathlete and has stayed active in a variety of sports.
Kostohryz graduated with honors from both Stanford University and Harvard Law School.
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Nothing I write should be considered investment advice. Only you can decide if any specific financial asset, security, allocation, opinion, idea, etc. is best for your financial portfolio.
Author of two books, available here, Options Strategies Every Investor Should Know and The 5 Fundamentals of Building a Retirement Portfolio (both available in paperback and eBook).
I possess 10+ years of trading and investing experience, with a focus on precious metals, currency, energy, and technology markets. My decisions are based on market cycles, valuation metrics, technical analysis, and industry-specific trends and technologies. I typically hold positions for several years.
I also run InformedTrades.com, a site dedicated to helping individuals learn to trade the world's financial markets.
Avi Gilburt is a lawyer and accountant by training. He formerly was a partner and National Director at a national firm.
Mr. Gilburt is also the Managing Member of Gilburt Financial Services, LLC, which provides:
- Financial market analysis to the public through ElliottWaveTrader.net;
- Elliott Wave market analysis to institutional clients;
- Specific stock analysis to retail clients; and
- Webinars and personal coaching on Elliott Wave analysis.
He is also the Managing Member of the of the consulting firm of Gilburt & Associates, LLC, which specializes in transaction structuring and tax services.
TechCrunch (http://www.techcrunch.com/), founded on June 11, 2005, is a weblog dedicated to obsessively profiling and reviewing new Internet products and companies. In addition to covering new companies, we profile existing companies that are making an impact (commercial and/or cultural) on the new web space. TechCrunch is co-edited by Michael Arrington and Erick Schonfeld.
After 20 successful years in the IT industry, Richard Saintvilus decided his second act would be as a stock analyst - bringing logic from an investor's point of view. His goal is to remove the complicated aspect of investing and present it to readers in a way that makes sense. Richard's work has been featured on CNBC, Yahoo! Finance, MSN Money, Forbes, Motley Fool and numerous other outlets.
Residing in Colorado Springs, Colorado.
Has been trading and coaching using a self-developed option trading system for 10 years. Philosophically conservative, accurately trades weekly options with a strong risk management approach.
Well sought after by investors around the world, he teaches a minimum and hand-selected number of students each quarter how to trade his system.
Besides investing his interests are: Acoustic Guitar, Kayaking, Mountain Biking