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MBIA plays the spooky short-seller card

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With questions swirling about the viability of the company amid concerns about its credit rating, it's nice to see that the top brass at MBIA (NYSE: MBI) are keeping their focus on the real problem. That's right, short sellers.

According to Reuters, MBIA plans to urge lawmakers and regulators to take steps to curtail "the unscrupulous and dangerous market manipulation activities of short sellers" when it testifies in a hearing tomorrow. The testimony mentions William Ackman, who has been very vocal and, so far, very right about his criticisms of MBIA and Ambac (NYSE: ABK).

The testimony adds that "MBIA notes that Mr. William Ackman is appearing at the hearing on February 14th as an 'industry expert.' Mr. Ackman is in fact not involved in the industry in any capacity except as that of a short-seller, and, accordingly, MBIA questions the characterization of Mr. Ackman's expertise."


Here's the thing: the fact that Ackman has been so right makes him an expert. The fact that MBIA's management has been so wrong raises questions about their expertise, regardless of the fact that they run a bond insurer. It's like Captain Edward John Smith telling outside observers that he's the iceberg expert -- as he crashed the Titanic into an iceberg.

In an email, hedge fund manager Whitney Tilson reacted to MBIA's complaints this way: "Gee, what a surprise -- MBIA's crying foul, claiming market manipulation ... MBIA's been saying this for years and, in fact, got the SEC and Spitzer's office to investigate Ackman many years ago, yet in a wonderful bit of irony, they not only gave him a clean bill of health, but their inquiry gave Ackman the opportunity to present his analysis and conclusions about MBIA to regulators -- which is now coming back to bite the company, now that nearly everything Ackman said was wrong with MBIA's business model and the risks they were taking (and the likely consequences thereof) has come to pass. You really can't make up stuff like this: had MBIA and Ambac listened to Ackman as recently as two years ago (he's been issuing warnings for more than five years), they wouldn't be in their graves right now...."

Exactly.
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Last updated: July 19, 2009: 11:20 PM

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