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Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by itsoktocry on Sunday September 13, 2020 @09:22AM (#24460678)
Can anyone name a single, legitimate company that has ever been "taken down" by short-sellers? A company which had a great business going, but short-sellers ruined it? I don't even think it's possible.

On the other-hand, frauds brought down by journalists and short-sellers are abundant.

In my experience, CEOs (in this case, the board Chairman) whining about traders is a huge red flag. What do they care what a bunch of people are doing with their ownership in the company? It's irrelevant to the day-to-day operations of the company, but certainly harms the narrative.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by marvin on Sunday September 13, 2020 @09:48AM (#24460819)
Problem is, it's almost impossible to know unless you're there. Companies that are dependent on financing might not get financing if loud short sellers are able to change the narrative, and then fail to achieve goals that would be achievable if investors were on board. I don't know enough history to know concrete candidates, but I'd be very surprised if no company had ever been stopped from achieving a good trajectory by short sellers and other naysayers changing the perceptions of investors. Yes, there is a value in short selling as a market mechanism to detect fraud and correct incorrecly priced companies, but it's naïve to think it doesn't also incentivize destruction of initiatives that are actually valuable.

I did follow the short campaign against Tesla closely from 2014-2018. And that project was vicious. I could easily see it toppling a less-financed company, or one where the quality of their engineering was less obvious. And trust me, although things might look black and white in retrospect, there was nothing obvious about Tesla's success in 2014. The indications were pretty clear if you followed it closely, but this reality was in very sharp contrast with the narrative. I believe it was a closer call than most would believe in reterospect.

Comparisons with Nikola nonwithstanding, I believe you're wrong about loud short sellers in general not being able to destroy the prospects of a company that would succeed in their absence.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by AnthonyMouse on Sunday September 13, 2020 @10:06AM (#24460942)
It's also fairly trivial to see that it's possible to destroy some companies this way simply by noting that some companies succeed and some companies fail, which implies that there exist companies at the margin whose success or failure depends on things like financing availability or interest rates.

Moreover, companies in that position are exactly those with the greatest profit potential for short sellers. Companies that are obviously going to succeed or already have aren't likely to decline in value in the near future. Companies that are obviously going to fail will have declined in value already.

The largest opportunity for short sellers is when there is that uncertainty, because then you have a company walking a tightrope and there are people willing to bet that they make it to the other side. The short sellers can take their money and then give the company a hard shove and hope that it makes them fall.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by itsoktocry on Sunday September 13, 2020 @11:14AM (#24461360)
>The largest opportunity for short sellers is when there is that uncertainty, because then you have a company walking a tightrope and there are people willing to bet that they make it to the other side.

Provide an example of this happening.

Judging by many of these comments, I'm not sure some people here understand the mechanics of how selling shares short actually works. It does not, defacto, destroy any value in the company.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by AnthonyMouse on Sunday September 13, 2020 @01:34PM (#24462498)
> Provide an example of this happening.

There's a pretty good case that they were trying to do this to Tesla. We heard all these claims about how nobody was really buying their cars and so on, which turned out to be bullocks, but were being made at a time when they were in a precarious financing situation.

But the general problem with asking for examples is that nobody has the inside information necessary to verify them. I can point to any company that went bankrupt following negative media coverage at the behest of short sellers, but how is anybody supposed to prove whether or not they would have survived in the alternative?

> Judging by many of these comments, I'm not sure some people here understand the mechanics of how selling shares short actually works. It does not, defacto, destroy any value in the company.

Are you sure you know how short selling works? Short sellers borrow shares in the company and then sell them, which temporarily increases the supply of shares on the market and suppresses the price. If the company at that point issues new shares or wants to borrow money against the value of their stock, it costs them money, i.e. reduces access to capital or requires them to pay higher interest rates, which negatively impacts the business.

And that's just the result of the actual short selling, not including the reputational harm caused by false allegations (or over-hyped technically true allegations), which can reduce demand from not only investors but the business's customers.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by samizdis on Sunday September 13, 2020 @01:01PM (#24462221)
There's also a nicely written Forbes piece [1] from January, which focuses on the then-current Tesla situation, but which also references the Bill Ackman v Herbalife short battle.

Another, perhaps ultimate, persuader of the value to markets/investors of short-selling would be Michael Lewis's book, The Big Short [2]. An often overlooked point about short-selling is that it is frequently done, and it was certainly so in this case, in demonstration of utter conviction that the masses are being duped; rather than as some calculated bet against a single company.

[1] https://www.forbes.com/sites/amiyatoshpurnanandam/2020/01/13...

[2] https://en.wikipedia.org/wiki/The_Big_Short

[slight edit for grammar/readability]

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by dasudasu on Sunday September 13, 2020 @12:42PM (#24462047)
Lots of companies finance themselves by debt or stock offerings, this being especially relevant in distressed situations. There has to be a buyer on the other side. Short selling, even if not accompanied by short reports, is visible to market participants.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by easytiger on Sunday September 13, 2020 @11:23AM (#24461425)
If anything it promotes good corporate behaviour. See Steinhof as a good recent example of a company outed for fraud on an industrial scale by a professional short seller
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by itsoktocry on Sunday September 13, 2020 @11:10AM (#24461335)
>I believe you're wrong about loud short sellers in general not being able to destroy the prospects of a company that would succeed in their absence.

You believe I'm wrong, but can't name a public company that had its prospects destroyed by a short-seller? I take issue with that.

>I did follow the short campaign against Tesla closely from 2014-2018. And that project was vicious.

What leads you to believe that this is a "done-deal", and that Tesla has "won"? There are still many open questions about this company.

Did you know that the Wirecard fraud went on for a decade, and even the German financial regulators were going after journalists and short-sellers to protect the company? And it was a huge fraud. Now that it's out in the open, it's a very interesting read:

https://www.ft.com/content/745e34a1-0ca7-432c-b062-950c20e41...

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by marvin on Sunday September 13, 2020 @03:55PM (#24463469)
Nothing is ever a done deal. I'd wager money that Tesla will never drop below a market cap of $50 billion again, which is plus/minus 50% an OK definition of "succeeding" for the sake of my argument -- when seen against the narrative in the 2014-2018 timeframe -- but the prospect of a company is always probabilistic, and I'd never act in conflict with that understanding. It's only in reterospect that most will erroneously be convinced that the outcome was certain.

You can't prove a negative, and I was clear that I don't have the historic knowledge to provide good candidates for what you're asking. They certainly exist; sibling commenters have made some attempts. I made this comment because I didn't want your implied statement of "if you can't mention a specific name, you're wrong" to stand without providing a reasoned counter-argument.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by jboog on Sunday September 13, 2020 @11:49AM (#24461576)
The thing with Tesla is that they actually had their own tech IP and a killer product.

Nikola lied about its trucks, and now plans to outsource all of its production to other CV manufacturers, or at the very best buy parts off the market and "integrate" them in house.

Since they don't have the killer tech or top engineers what's stopping the next charismatic founder from selling the same exact thing Nikola has (dreams and a couple wrenches and bolts) and eating their lunch?

They have no working trucks or plans to begin production any time soon. And for a while their market cap was larger than Ford and GM.

Not saying they can't be successful, but Tesla they are not.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by marvin on Sunday September 13, 2020 @03:42PM (#24463363)
I wasn't explicit about this, but I fully agree that Nikola is most likely smoke and mirrors. I was making a point about loud/activist short selling in general.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by skookum on Sunday September 13, 2020 @11:45AM (#24461548)
> Companies that are dependent on financing might not get financing if loud short sellers are able to change the narrative

How would this scenario play out for a non-fraud and non-zombie business? If a publicly-traded company is in such a precarious state that they need the large cash infusion of either debt or a secondary offering to remain in business, the conclusion is that the business is non-viable. Either they IPO'ed prematurely or the expected growth isn't materializing. The short-sellers are performing the broader market a service in this case.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by hylaride on Sunday September 13, 2020 @10:45AM (#24461180)
Short selling by itself won’t ruin an otherwise good company, but if (false) rumors are spread, it can affect the company’s ability to raise capital or affect its relationships with suppliers, who could get nervous.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by easytiger on Sunday September 13, 2020 @11:25AM (#24461435)
Well as a public company if you aren't really able to prove the state of your balance sheet then you probably do have an issue.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by lionsdan on Sunday September 13, 2020 @09:35AM (#24460749)
Indeed, if the short sellers are wrong, they should be able to take advantage like VW in 2008.

https://www.reuters.com/article/us-volkswagen-idUSTRE49R3I92...

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by AnthonyMouse on Sunday September 13, 2020 @10:09AM (#24460955)
Doing that inherently requires having access to a lot of capital.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by boring_twenties on Sunday September 13, 2020 @11:42AM (#24461522)
What I wanted to ask was, can anyone name a single, legitimate company that has threatened to sue short-sellers and ended up not being exposed as a fraud and/or bankrupt?
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by ant6n on Sunday September 13, 2020 @12:17PM (#24461835)
Didn't Musk threaten short-sellers? Wasn't there also that weird promise to go private?
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by odiroot on Sunday September 13, 2020 @10:14AM (#24460981)
> Can anyone name a single, legitimate company that has ever been "taken down" by short-sellers?

As far as I remember, Matt Levine used to say, a company that sues short-sellers is most likely deep into securities fraud.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by Qasaur on Sunday September 13, 2020 @09:36AM (#24460758)
You can't really say this without the followers of the Church of Musk attacking you for going against the saviour of the human race, but this is why I think there is something very fishy going on with Tesla and Elon Musk who also has a tendency to blame short-traders for any negative press (of which there is a lot, some of it extremely unsettling).
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by itsoktocry on Sunday September 13, 2020 @09:41AM (#24460776)
>but this is why I think there is something fishy going on with Tesla

Well, maybe the Nikola thing will have people asking questions and holding Tesla to the same standard.

We know, from depositions in the Solar City law suit, that the solar shingle reveal was faked and non-functional. The shingles didn't exist in that form then, and still don't (they buy panels from China, the factory in Buffalo isn't doing anything). The battery swap demo was also likely faked, as was the "Paint it Black" self-driving video from 2016 (demonstrating self-driving capabilities Tesla still doesn't have in the real world, today). Those are off the top of my head.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by nemo44x on Sunday September 13, 2020 @10:09AM (#24460954)
I’m curious about Tesla over hyping certain maturity of their tech and other things. They appear to me to dress up non-functional prototypes and make big events around them, only showing the feature in a certain, controlled environment. Sort of like a magician creating an illusion.

How many years now has Tesla claimed that full autonomous driving will be ready by the end of the year? They sell a lot of that “software” which to me appears to be vapor ware and they claim the price will rise when the tech is GA’d so you should buy now. It just seems suspicious to me.

Even the giga-factories don’t look anything like the designs they promoted. They look like, well every other car factory.

I get that they don’t advertise so they smartly generate hype in other ways.

Wasn’t Audi the first company to sell a level 3 car?

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by postingawayonhn on Sunday September 13, 2020 @11:00AM (#24461271)
> Even the giga-factories don’t look anything like the designs they promoted. They look like, well every other car factory.

It turns out there's a reason factories look the way they do.

Much better to design the production process first and then fit a building around it than to try and fit the production process into a pre-designed building that's made too look pretty.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by itsoktocry on Sunday September 13, 2020 @11:30AM (#24461464)
>Much better to design the production process first and then fit a building around it than to try and fit the production process into a pre-designed building that's made too look pretty.

What do you base this off of? What "magic" production processes are Tesla utilizing that other OEMs are not? Aren't EVs far simpler to assemble? Tesla are building some of the lowest-rated cars out there in terms of fit and finish. Why do you believe they are doing anything from that end "better" than other manufacturers?

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by brisance on Sunday September 13, 2020 @10:55AM (#24461235)
> They look like, well every other car factory.

They're worse. Please, identify a modern car factory that builds cars in a tent.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by sjwright on Sunday September 13, 2020 @11:13AM (#24461352)
Given how critically successful the Model 3 is, maybe more companies need to start building their cars in tents too.

(Or maybe... just maybe... the construction method of your factory walls doesn’t actually matter so much?)

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by nickik on Sunday September 13, 2020 @11:30AM (#24461461)
> They appear to me to dress up non-functional prototypes and make big events around them, only showing the feature in a certain, controlled environment.

Any evidence for that? That a hell of an accusation.

Since literally the Roaster Tesla offered test rides on all of these vehicles. The Roadster 2, Cybertruck and so on all were driving around costumers all night. They were fully functional. The Tesla Semi is regularly transporting things between California and Nevada.

Now can we prove that the prototype Cybertruck could do the most hardcore rally in the world? No, but calling them non-function is just laying unless you have evidence to back it up.

> How many years now has Tesla claimed that full autonomous driving will be ready by the end of the year?

Elon is overconfident about AI, everybody knows that. If you don't believe it, don't buy it. Also the revenue they get from FSD is not actually realized unless they deliver on the features.

> Even the giga-factories don’t look anything like the designs they promoted. They look like, well every other car factory.

Elon has admired that he was wrong how easy it was to speed up production on Model 3. He took the blame for that mistake and since then they have worked and improved their production capability.

That is not a costumer features, and the reality is for no other company would you ever even get that information. For other car companies they release a press conference 'car delayed 6 month' not telling you why.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by nemo44x on Sunday September 13, 2020 @02:35PM (#24462906)
The glass broke on the Cybertruck. The course was closed as well and you couldn’t drive the vehicle. You could only be a passenger.

Their solar shingles are where?

The semi was to be in production 2 years ago. There are serious doubts it’s even viable for long haul.

The battery swap demo has never materialized and there’s doubt it is feasible.

They continue to show photos of a sleek, modern giga-factory with solar panel roofs. Meanwhile their factories look like any other car factory.

Their self driving tech has some cool demos of what the computer “sees” but there’s no evidence it’s close to being available or that it’s any better than where other companies like GM are with the tech.

I’m not trying to dump on Tesla - they’ve done a lot to push the industry forward. I’m just saying I think they generate a lot of hype but don’t deliver and they may have people confused on where they really are.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by nickik on Monday September 14, 2020 @05:02AM (#24468185)
> The glass broke on the Cybertruck.

First of all, even if the glass broke. The window still worked. If it was a normal truck, the ball would have gone straight inside and killed the driver.

Its called a prototype for a reason and they have demonstrated the technology and multiple experts confirmed that this is in fact a viable technology.

> The battery swap demo has never materialized and there’s doubt it is feasible.

No there isn't. They had a working system, they demonstrated it and it was in open beta. And again, NIO has this working in China. Its literally just undoing 4 screws and let the battery fall out. I really don't understand why you feel the need to come of with a conspiracy theory on this.

The fact of the matter is that its a system that is simply not needed for 99.9% of situations and makes no operational sense for Tesla.

It is technologically clearly feasible but it operational impractical.

> They continue to show photos of a sleek, modern giga-factory with solar panel roofs. Meanwhile their factories look like any other car factory.

They are car factories? And they are modern looking. I don't understand what your problem is. They are very modern factories if you actually study what goes on in them. You just want them to put more solar cells on them? Is that your issue?

I really don't get what you complain about. The factories they build are being built very fast, and the have very good ROI if you look at their operational leverage. So they do exactly what Tesla says they do.

> Their self driving tech has some cool demos of what the computer “sees” but there’s no evidence it’s close to being available or that it’s any better than where other companies like GM are with the tech.

If you actually believe GM is just as far as Tesla then you haven't use those systems. They are clearly not.

> I’m not trying to dump on Tesla - they’ve done a lot to push the industry forward. I’m just saying I think they generate a lot of hype but don’t deliver and they may have people confused on where they really are.

It seem like you are nip-picking everything Tesla ever did wrong or not perfect and add some conspiracy stuff on top and ignoring everything they have delivered on.

That they delivered the Model Y early with excellent margin and low additional CapX. That they build up Giga Shanghai as fast as they did within a month are gone deliver Model Y from there. That they have managed to be profitable while they are still scaling and building factories like crazy. That they survived Covid with flying colors.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by ogre_codes on Sunday September 13, 2020 @11:27AM (#24461443)
A lot of technology demos are bullshit. That's why I respect Apple so much, 99% of the time what they demo is actual working products they launch. This is why I avoid technology kick-starters and pre-orders like the plague. The last time I got suckered into a tech pre-order was the Lilly drone and I managed to shake off their spell and get a refund while they were still in their halo phase and had money to refund people.

Personally, I think the DOJ should get more involved in technology pre-sales and prosecute more aggressively. Pre-selling products you can't produce should be considered fraud.

The big and obvious difference between Tesla and Nikola is Tesla ships products and has been for years. Not only that, Tesla customers love the cars Tesla ships. Musk makes some exaggerated claims—and some truly egregious time line estimates—but usually ships. I tend to agree with you about the up-charge for FSD though. Definitely a bit of a shell game and moving goal-posts.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by postingawayonhn on Sunday September 13, 2020 @10:57AM (#24461253)
Why do you think the battery swap was faked? Changing the battery is not particularly difficult and the did have shortly after have a battery swap station open to select members of the public.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by itsoktocry on Sunday September 13, 2020 @11:22AM (#24461416)
>Changing the battery is not particularly difficult

You don't think disconnecting the whole undercarriage of the car and replacing a very heavy battery is difficult to do in under a minute?

>open to select members of the public.

Bingo.

But, as I said, I don't know if it was faked. I just believe it was.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by ogre_codes on Sunday September 13, 2020 @12:03PM (#24461701)
I think the battery swap program was somewhat legit. The demo was live in front of a fairly big audience. They also offered the service to a small group of people and some documented the process (and weren't particularly excited by it). The station they set up wasn't automated and took about 7 minutes instead of the the 90 seconds they previewed in the tech demo.

I suspect the battery swap idea was a response to the criticism about charge times. Since most Tesla users at that time used either free supercharger stations or charged at home, the appeal of for-fee battery swaps was likely limited.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by liability on Sunday September 13, 2020 @02:05PM (#24462693)
> The station they set up wasn't automated and took about 7 minutes instead of the the 90 seconds they previewed in the tech demo.

I can see why people are skeptical of the demo and think the limited trial, which didn't showcase what was demoed, isn't particularly persuasive.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by ogre_codes on Sunday September 13, 2020 @02:52PM (#24463023)
Fully agree, which is why I pointed out the station fell short of their demo in my post.

I just don't see it as being deceptive in the way rolling a truck down a hill and suggesting it's operational is. Or at the very least, we're missing the smoking gun. Perhaps it is and someone who worked at Tesla or the blogger who posted about going to the station will come out and admit it was a big fake-eroo.

Finding the hill they pushed the truck down is pretty damning IMO in a way suspicions about Tesla's tech demo aren't.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by nickik on Sunday September 13, 2020 @11:35AM (#24461487)
In China NEO does battery swapping all the time:

https://www.youtube.com/watch?v=t1Ld5WByT34

Its really not very difficult. The battery is designed to drop right out if you unscrew the bolts. This system is open to the public.

Tesla just realized it didn't really make sense as its very expensive and super-charging is fast enough for nearly all situations.

Tesla cars now no longer allow battery swap as they added an additional protection layer under the car.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by yxhuvud on Sunday September 13, 2020 @10:12AM (#24460969)
There are plenty of deconstructed companies that have ended up with positive value left when all is said and done and creditors are paid. It is not super common but it does happen now and then.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by dnadler on Sunday September 13, 2020 @09:45AM (#24460799)
Yes, short sellers are correct sometimes. Citron's report on Valeant comes to mind. Actually, as I recall there was a report prior to Citron's that was much more convincing though didn't get as much publicity.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by moneywoes on Sunday September 13, 2020 @09:46AM (#24460806)
Luckin coffee?
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by polymorph1sm on Sunday September 13, 2020 @10:13AM (#24460972)
At least they are already delisted from nasdaq[1] and their stock did plummet since muddy waters reports.

[1] https://www.marketwatch.com/story/luckin-coffee-to-be-delist...

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by hylaride on Sunday September 13, 2020 @10:46AM (#24461187)
Luckin coffee had fraudulent numbers. It wasn’t an “otherwise good company”.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by electriclove on Sunday September 13, 2020 @10:55AM (#24461241)
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by itsoktocry on Sunday September 13, 2020 @11:18AM (#24461385)
So your claim is that SolarCity was brought down by short-sellers, and not, in fact, that it was a terrible business? That's debatable. Borrowing short and lending on long-term leases was more likely the issue.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by electriclove on Sunday September 13, 2020 @02:40PM (#24462947)
Not my claim at all. The parent asked for an example of short sellers doing damage and I showed a highly documented example of Fairfax Financial
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by SpicyLemonZest on Sunday September 13, 2020 @10:05AM (#24460936)
I'm still highly skeptical of Nikola, but it's not quite fair to characterize their response this way. The chairman here isn't complaining about the trading activity itself, just about the traders' report which he claims is full of lies.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by ogre_codes on Sunday September 13, 2020 @10:33AM (#24461122)
Several of the claims should be fairly straight forward to dispute. For example, they should have some video of the truck driving under its own power as opposed to coasting down a long downhill. Certainly in this day and age they have plenty of documentation of their vehicles during testing and development.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by ceejayoz on Sunday September 13, 2020 @10:23AM (#24461057)
To be clear, though, he’s complaining it’s full of lies, while saying he won’t debunk them because they’re asking the SEC to get involved. Which will take years, and needn’t prevent them from disproving the claims.

That’s suspicious.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by SpicyLemonZest on Sunday September 13, 2020 @10:31AM (#24461105)
Agreed.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by cwhiz on Sunday September 13, 2020 @10:58AM (#24461256)
No.

But I still think short selling is absurd and I don’t understand why we allow it. If you don’t think a company will do well then don’t buy their stocks. Simple as that. I don’t know why we allow seemingly infinite market gambling that benefits no one except the gamblers.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by sokoloff on Sunday September 13, 2020 @11:08AM (#24461314)
If Hindenburg is correct, I believe they provided a valuable information service to market participants by researching, writing, and releasing that report.

It happens that the economic incentive arose from shorting, but could have just as easily come (less efficiently) from buying naked puts.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by cwhiz on Sunday September 13, 2020 @11:18AM (#24461387)
I don’t think options should exist, either. Hindenburg is just doing journalism.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by bjl on Sunday September 13, 2020 @02:43PM (#24462967)
Shorting serves a valuable purpose. It removes capital from the hands of people stupid enough to believe fraudsters, and reallocates it to people who dont. The whole purpose of markets is to facilitate the efficient allocation of capital, and shorting is clearly an important part of that.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by liability on Sunday September 13, 2020 @11:03AM (#24461288)
If Hindenburg weren't financially incentivized to uncover this fraud, it seems likely they would not have bothered and many more people would get scammed by Nikola.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by cwhiz on Sunday September 13, 2020 @11:15AM (#24461371)
That’s what journalism is for.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by liability on Sunday September 13, 2020 @11:21AM (#24461411)
¿Por qué no los dos?

Journalists got to Theranos first, and short sellers got to Nikola first. With both in play, the odds of a timely exposé go up.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by toby on Sunday September 13, 2020 @12:19PM (#24461850)
Worth nothing that Theranos wasn't public, there was no opportunity to short-sell. If there had been they might have been exposed much earlier and done a lot less harm.

I knew several people who said what they were claiming was impossible but they didn't really have any interest in being the whistleblower.

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by cwhiz on Sunday September 13, 2020 @01:19PM (#24462381)
Only one of those things is beneficial to society or business.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by liability on Sunday September 13, 2020 @02:01PM (#24462661)
Care to back up that opinion? I'm quite curious to know why you think Hindenburg exposing this fraud to the world, and consequently saving countless more people from being scammed, isn't beneficial to society and legitimate business.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by bluedevil2k on Sunday September 13, 2020 @11:50AM (#24461586)
Short sellers provide liquidity to the market by providing purchasable shares in an equity when none might exist. Short selling does NOT provide infinite market gambling. Short selling is incredibly risky with an unlimited downside, these types of investors can lose all their money and then some pretty easily. Short sellers in Tesla over the years have bled huge losses. "The markets can remain irrational longer than you can remain solvent." (Keynes) is appropriate here, as stocks like Tesla continue to climb the short sellers keep having to infuse cash to cover the mark-to-market prices. Eventually, they run out of cash.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by thrill on Sunday September 13, 2020 @12:32PM (#24461966)
Not quite. Short sellers have to "borrow" shares from your broker, who is on the hook to replace them if the short seller cannot.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by bluedevil2k on Sunday September 13, 2020 @02:04PM (#24462680)
Even more clarification, they loan the shares to the short seller from individual brokerage accounts without most of those individuals even knowing.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by xuki on Sunday September 13, 2020 @11:23AM (#24461422)
Short selling is just ... selling. Every time a shareholder sells a stock for whatever reason, they effectively short it.
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by doktorhladnjak on Sunday September 13, 2020 @11:47AM (#24461564)
Selling stock you own and selling stock you borrowed from somebody else with the obligation to return it at some point are pretty different
Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by sokoloff on Sunday September 13, 2020 @11:52AM (#24461608)
Yes, the latter is far riskier and obligates you to buy shares later, meaning you have to have more conviction in your investing thesis.

(Disclosure: I’m short $NKLA after Hindenburg published. I believe it’s more likely going to the teens [and possibly worse] in 2020 than sustainably into the mid-40s. If it holds $30+ through 2020, I’ll probably cover.)

Re:Nikola Denies 'Fraud' Allegations, Threatens Legal Action... by xuki on Sunday September 13, 2020 @12:21PM (#24461866)
For the seller it's different, to market it's just a sell.