Breaking Down Bernie Madoff P2 & 3

Update: Sorry about the mis-postings here. Had an update malfunction. So some posts were updated out of order. To make it easier, Im just combining the 2 posts. Long, but less confusing.

There was a report in the WSJ today regarding possible Madoff accomplices. In it was a line, which if true, could make things interesting  for investigators.

- “ Across the hall was another room, where an old International Business Machines computer generated client statements, former employees say. Nearby was a small cluster of employees responsible for “stuffing envelopes” with client statements, according to a former employee. The IBM server operated independently from Madoff’s other computer systems but was supported by tech staffers who also did work for the stock-trading group, according to former employees.”


- If this server was operated seperately from the other Madoff corporate networks, I can tell you from years in IT the following are true:
- 1. There are untold IT techs who worked for the Madoff companies, or were outside contractors, who bitched every day about having to backup and service this computer seperately from all the others. They wouldnt be able to do remote backup or software installs and version control. They would have to physically go to the computer every day or support an admin who did. That would piss them off.
- 2. Just how old that IBM computer is will tell us volumes. If its more than a couple years old, those same techs are complaining about why its still around. If its more than a few years old, it also means they probably cant update any software running to the latest versions. Again, a red flag to the techs because it makes their job more difficult, particularly since Madoff cant plead poverty as an excuse for not upgrading
- If its a PC (the article references a computer and a server, which dont necessarily have to be PCs), is more than 5 years old and acting as a server, its running an old operating system. NT or who knows what. Heck if its more than 10 years old, it could be running OS/2 ! Regardless, those techs are not only mad for having to deal with all this ancient stuff, you know they are telling jokes about the entire situation

- 3. The age of the hardware will also tell you volumes about the origins of the software. Custom software running on an old computer means that it either can’t be upgraded because its tailored to the system, or more likely, he no longer uses that same employees , contractors or vendors to maintain it, so he has to run what he already has. There is a chance there is a programmer out there who quit because they recognized something was wrong.

- 4. Madoff is a lot more technically astute than people seem to be giving him credit for. This is from a 1999 Marketwatch interview “”We are in the process of building a new trading platform, but it’s not a ECN,” Madoff told CBS.MarketWatch.com.” Whatever software they developed to run that trading platform, he understood it and probably knew how to use it. Would it be a shock if the 1999 version of the software could run on that old IBM computer allowing him to create his own virtual market and spit out statements ? A self contained trading platform could probably handle this from A to Z ?

Maybe. Curiousity got the best of me. So I started doing some searching on the electronic trading platform Bernie built.  They called it  Primex. Its an electronic auction system for securities. According to media reports, it was the “brainchild of Bernie and Peter Madoff”

So I searched some more and saw this Feb 16th , 2000  press release: The basics of which are “SST’s B4B FIX combines robust object-oriented architecture with push-based TCP/IP messaging to provide an extremely fast and stable platform for both FIX connectivity and message processing. B4B FIX can be combined with SST’s B4B OMS(TM) in a seamlessly integrated order management system that generically integrates with B4B FIX to facilitate the straight through electronic trading process and improve the operational and connectivity efficiencies of its users.

“We are excited about satisfying Primex Trading’s strict requirements for high performance and reliability,” said Larry Gusto, President and CEO of Silicon Summit Technologies, Inc. “B4B FIX’s reputation for best performance and high-quality electronic securities trading software is the key value proposition that we offer. With B4B FIX pre-installed on the server located at broker/dealers’ premises, broker/dealers can take full advantage of the B4B FIX functionality for accessing the PRIMEX AUCTION SYSTEM.”

Some I’m thinking I may have found the company that wrote the software Madoff used on his lonely IBM Computer.  The obvious next step is to find out more about Silicon Summit. So I did a search. It’s website is gone, but there are remnants of an old site with a company history that ends a week after the Primex deal. Maybe they got acquired, but I didnt find it.  Of course in these situations, you use what limited information you have to fit the last hypothesis you made, which in my last post was that it was possible that the software company that wrote the software Madoff used for his fraud was no longer working on the code. Which would explain why he continued to use an old computer.

But wait, there’s more. So I did a search on the address of the company and boom, up comes this nugget:

STATE OF CALIFORNIA

BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF CORPORATIONS
TO: Silicon Summit Technologies, Inc.
(Formerly Larry Gusto Consulting Company, Inc.)
FCCA.com, Inc.
FixConnect.com, Inc.
950 Tower Lane, Suite 1950
Foster City, CA 94404
Larry Gusto
dba Silicon Summit Technologies
1338 Orange Avenue
San Carlos, CA 94070
DESIST AND REFRAIN ORDER
(For violations of section 25401 of the Corporations Code)
The California Corporations Commissioner finds that:
1.
Larry Gusto formed several business entities, including the following:
Larry Gusto Consulting Company, Inc., a California corporation, incorporated on August
2, 1994, changed its name to Silicon Summit Technologies, Inc. (“SSTI”) on August 29,
1997. On June 21, 2000, Gusto also filed a fictitious business name for “Silicon Summit
Technologies.” On December 7, 2000, Larry Gusto incorporated FixConnect.com, Inc.,
a Delaware corporation and subsequently changed its name to FCCA.com, Inc. on
November 29, 2000. According to public records, on March 22, 2001, Larry Gusto
merged SSTI into FCCA.com, Inc. On December 23, 2002, the California Secretary of
State suspended FCCA.com, Inc. All the foregoing entities were formed and controlled
by Larry Gusto and located primarily at 950 Tower Lane, Suite 1950, Foster City,
California.
2.
At all relevant times, Larry Gusto acted as the principal, president, chief
executive officer (CEO) and agent for the above-named entities.
Larry Gusto represented to the public that SSTI “is the leading provider of
e-finance products and services” and they “also provide to the financial services
industry everything from project management and business analysis to custom software
development and systems integration.”
4.
Beginning in approximately 2000 and continuing thereafter, Larry Gusto
(“Gusto”) and/or others, acting in concert or participation with him, offered or sold
securities in the form of shares of common stock to the public and made, or caused to
be made, misrepresentations and omissions of material facts in connection with the
offers or sales of the securities to the public.
a. The misrepresentations of material facts include:
(1) SSTI was a leading provider of Financial Information Exchange
(FIX) messaging systems for electronic securities trading;
(2) SSTI had the software required for the FIX messaging system; and
(3) SSTI was in need of bridge financing and would be receiving
funding from Reuters.
b.
The omissions of material facts include:
(1) SSTI had a long-standing legal dispute with programmers over the
FIX software and a court would order an auction of the software;
(2) SSTI had a civil judgment against it relating to disputes over FIX
software;
(3) FCCA.com Inc. was a suspended corporation, not in good standing
with the California Secretary of State’s Office or the California
Franchise Tax Board;
(4) Gusto had multiple tax liens filed against him; and
(5) Gusto and his companies were defendants in several civil lawsuits.
-3-

DESIST AND REFRAIN ORDER

The California Corporations Commissioner is of the opinion that Silicon Summit

Technologies, Inc., Larry Gusto Consulting Company, Inc., FCCA.com, Inc.,
FixConnect.com, Inc., Silicon Summit Technologies and/or Larry Gusto offered or sold
the securities in this State by means of written or oral communications, which included
untrue statements of material fact or omitted to state material facts necessary in order to
make the statements made, in the light of the circumstances under which they were
made, not misleading, in violation of section 25401 of the Corporate Securities Law of
1968.
Pursuant to section 25532 of the Corporate Securities Law of 1968, Silicon Summit
Technologies, Inc., Larry Gusto Consulting Company, Inc., FCCA.com, Inc.,
FixConnect.com, Inc., Silicon Summit Technologies and Larry Gusto are hereby ordered to
desist and refrain from offering or selling or buying or offering to buy any security in the
State of California by means of any written or oral communication which includes an untrue
statement of a material fact or omits to state a material fact necessary in order to make the
statements made, in the light of the circumstances under which they were made, not
misleading.
This Order is necessary, in the public interest, for the protection of investors and
consistent with the purposes, policies, and provisions of the Corporate Securities Law of
1968.
Dated: June 25, 2003
Los Angeles, California
DEMETRIOS A. BOUTRIS
California Corporations Commissioner
By_______________________________
ALAN S. WEINGER
Supervising Counsel
Enforcement and Legal Services

Let me clear. This could all be a BIG BAG OF NOTHING and probably is. But you have to admit, its sometimes a long strange search trip we undertake when we are curious and have a search engine handy.

Update: dec 2009. As far as I know, this is a big bag of nothing and Larry Gusto is not involved at all in any of this madoff mess. Just an unfortunate random link


Tech & Misc Ramblings…

1. Youtube has become the defacto innovation killer in the video space. Unfortunately for the industry, if Youtube doesn’t adopt it, it doesn’t exist. Its MicroSoft Windows circa late 80’s, early 90’s all over again.

2. I just booted Firefox to the curb on my PC and replaced it with Chrome (Yes I see the irony of killing Youtube above and pushing Google Chrome). I got tired of Firefox slowing my computer to a crawl or freezing it completely. Chrome is fast. Of course its far from perfect. If it doesnt get support for RSS feeds very, VERY quickly I may be forced to reconsider IE and its new version 

3.  For all its faults, I am still hooked on my Sidekick. Nothing beats the keyboard. I have tried every other mobile out there and I can still type at least 2x as fast with far fewer mistakes on my trusty Sidekick

4. If the fact that the internet is not ever discussed as being integral, or even part of the solution to our current economic woes isn’t proof that it has become nothing more than a valuable utility, I don’t know what is.

5. NBA Live 09 is becoming a management tool in the NBA.  

6. I bought and tried a Kindle, it didn’t work the way I do. Gave it to my wife and she loves it.

7. Its sad, but every major tech magazine that I grew up on is gone PC Week, Byte and now PC Mag among many, many others. It used to be fun to go to the bookstore to see if there were any new magazines. At last week’s CES the magazine racks were empty. Nothing besides the daily. Big time Bummer.

8. I’ve increased the number of magazine and newspaper subscriptions I get. Its a matter of principle. I want to see them survive.  Should I go Nascar and get a jacket with the logos of their advertisers ?  On the topic of newspapers. Once they all declare chapter 11, they can get their cost structures in place to support far lower readership levels. At that point, probably less than 5 years and working from a low revenue base, we will be  talking  about the renaisance of the newspaper business. It wont ever reach pre internet levels, but it will be considered a “new growth business”.  

9.  If you havent tried our Icerocket Big Buzz feature, do it. Its a one page chronological summary of everything thats being said about anything.  Its addictive and the RSS feed works (except in my Chrome of course) .

Here are some samples Techmeme, Steelers, Youtube, Erin Burnett,

 
   
HDNET - Icerocket Buzz Search
Big Buzz 1 - 50 of 1,000 results for HDNET
RSS Results RSS
Auto refresh
off
1 minute
3 minutes
5 minutes
Blogs
4 h Affliction’s Jay Hieron vs. Jason High fight to air on Friday’s “Inside MMA” ·  installment of “Inside MMA” on HDNet. The fight was originally slated 
4 h Affliction’s Jay Hieron vs. Jason High fight to air on Friday’s … ·  in its entirety on Friday’s new installment of “Inside MMA” on HDNet. br 
4 h HDNet to Broadcast 2009 College Basketball Invitational · Sixteen NCAA teams to compete LIVE on HDNet HDNet and The Gazelle 
10 h BS With Honor #34 (Part 1) ·  and fortunately, Brian remembers that we should talk about the HDNet deal. 
11 h Free NWA TV ·  just signed a TV deal with HDNet. Yay for an indie getting a TV deal. Boo 
13 h HDNet.Fights.Sudden.Impact.HDTV.XviD-KYR ·  HDNet Fights: Sudden Impact genre: MMA rel. date: 01/27/09 format 
15 h La 1º fecha de TH publica para el 2009! · HDnet: Tokio Hotel live from Hollywood (The Avalon) – full concert 
15 h More On ROH’s TV Deal, D-Lo In ROH, ECW Arena · Details on Ring of Honor’s new television show on HDNet .. Plus – D 
15 h Major Backstage Update On ROH’s New TV Deal Inside, More ·  with cable network HDNet to air a new weekly 1-hour show. Ring of Honor’s 
15 h Get to Know Chad Corvin of the XFC · ] right now,” said Prisco, whose XFC promotion airs nationwide on HDNet 
Twitter

6 m mattrix633@lil_lana it was HDNET. I haven’t seen it on since. I don’t think their touring though:( · Reply View

7 h vinod_c: Watched Davos coverage- Wen and Putin’s Keynotes. Saw for first time Glengarry Glen Ross on HDNET. What movie! Alec Balwdwin’s 10 minutes! · Reply View

9 h candicemarie24: Watching Third Eye Blind concert on Hdnet channel. Matt DVRed it hehe good music! · Reply View

10 h curtis_mattHdnet- high def concerts remind me of our church, how cool is that! Rockin to matchbox 20! · Reply View

11 h afarnham@michellegreer there is also the fact that he is heavily invested in the HDNET television network. His interests lay in tv survival · Reply View

11 h storageio@storageio On HDNet, Glenn Gary Glenn Ross – ABC, Coffee is for closers… · Reply View

11 h timelliott: Watching the big lebowski on hdnet… What a great movie… Jeff was robbed of an oscar here… · Reply View

12 h AGKnowles: Lebowski on hdnet movies is a tremendous find. · Reply View

12 h shivvy: is watching “The Big Lebowski” for the millionth time on HDNet Movies. “He thinks the carpet pissers did this?” · Reply View

12 h Pillionaire: @HDNet love dan rather reports, watch it whenever I see it on · Reply View

FriendFeed

4 h Sport news · Armata UltraHDNet to Broadcast 2009 College Basketball Invitational · View

7 h davos – Twit · Robert Scoble: Watched Davos coverage- Wen and Putin’s Keynotes. Saw for first time Glengarry Glen Ross on HDNET. What … · View

22 h Wired@Home.com / Published … · David WardHDNet Fights signs up with Ring of Honor wrestling · View

22 h Engadget HD · BwanaHDNet Fights signs up with Ring of Honor wrestling · View

1 d MMAjunkie.com Articles · PeterHDNet Fights Video Vault: Jordan Radev vs. Rafael Rodriguez at M-1 · View

2 d Bloody Elbow · (jeff)isageek: Florida’s XFC Signs Broadcast Deal with HDNet · View

2 d mma – Google News · Art Peterson: XFC announces multi-year television deal with HDNet - ifight365.com · View

2 d EcuaLucha · Mauro: Ring of Honor y HDNet firman contrato · View

2 d MMAjunkie.com Articles · Peter: Xtreme Fighting Championships inks multi-year broadcast deal with HDNet · View

3 d Facebook · JT: Justin Watching OAR on HDNet. I like their show. Plus they don’t wear girl pants. That got to count for … · View

Video
         
News

1 h International play impacts MLS schedule · A league spokesman said discussions are ongoing for telecasts on HDNet, which has broadcast games the …

3 h Soccer | Crew: Schmid’s return to town won’t come until October · Former broadcast partner HDNet might also pick up MLS games this season….

4 h Affliction’s Jay Hieron vs. Jason High fight to air on Friday’s  · 24 event’s HDNet-televised preliminary card. However, …

8 h MLS Unveils 2009 Regular Season Schedule · MLS is in discussions with HDNet to continue broadcasting games on the first all-high definition …

9 h HDNet To Carry College Basketball Tourney · by David Goetzl, 6 hours ago HDNet has reached a deal to air a third college basketball …

10 h Studios Acquire Titles at Sundance · Magnolia previously has participated in the “superrelease” phenomenon whereby films are released theatrically, online …

10 h The HDNet Concert Series Checks Into ‘Tokio Hotel’ · WHAT: The HDNet Concert series presents “Tokio Hotel Live from Avalon …

11 h The Hamilton Ave Journal 01.29.09: Volume 2 – Issue 71 · Meanwhile, ROH officially signed a deal HDNet. Although HDNet is not …

12 h Bud Withers One more college basketball tournament? Why not? · The CBI announced a TV deal with HD Net to do 11 of its games, while the CollegeInsider….

17 h Steven Soderbergh, film revolutionary ·  Experience,” we’re going to do a window of on-demand with a slightly different version before it opens …

Images
Tara Parker Pope, Health Reporter, Blogger, The New York Times Dan Rather, Managing Editor, News Anchor, Dan Rather Reports Andrew Ross Sorkin, Assistant Business Finance Editor, The New York Times Saul Hansell, Blog and Technology Editor, The New York Times The Ultimate Trailer Show GFX Package Cat and Bird as Friends Me and Ken Shamrock Cyrillo Padhillo vs. Jesse Jones Bryan Caraway vs. Alvin Cacdac Cyrillo Padhillo

The Great Internet Video Lie

Internet Video. Its the salvation for content creators everywhere. Its the end to dependence on the big bad meanies, the cable and satellite companies. Right  ? Hell no. The concept that “over the top” video creates a valid business alternative for content creators is as misguided an internet business myth as there is.

For grins, lets say you want to start a business for which you want to stream, live or on demand, any video. Any quality. You want the ability to reach merely 10k simultaneous viewers.  Not a big number. In fact , its a tiny number.  Its certainly not competitive with any form of traditional TV, but its a starting point. So to stream 10k simultaneous streams, what are your choices ? 

Can you just do it from a PC in your dorm room ? From your house on your cable or DSL line ? No.  You will need an outside vendor in order to offer a mere 10k simultaneous streams. Which leads to the question of who can provide a service as simple as 10k streams ? Who can do it with any level of reliability ?

The natural response of course would be to say to use Youtube, right ? Except that their terms of service prohibit commercial applications.  You can pimp your content and do ad shares, but you cant have control of your content and its presentation.  Its branded Youtube. Its controlled by Youtube. 

So what are your options  ? You have a single option. You have to use a Content Delivery Network (CDN). CDNs specialize in delivering content that needs to scale to large numbers, and 10k simultaneous users, particularly if its sustained for any period of time, like a cable network would be, is considered a large number. 

When Youtube did their big  live event, they used a 3rd party CDN.  Any large scale event streamed to thousands or hundreds of thousands of simultaneous users is going to require hiring and paying a CDN like Akamai, Limelight or one of just a few others that can offer scaled streaming. 

There in lies the rub. There are only a  few CDNs that can offer any level of scale for delivering video to an audience that is large by internet standards, but very small by cable or satellite standards.  There is not a single CDN that can deliver 2 or more  video streams concurrently to more than 1mm simultaneous viewers.  Not one. Anywhere.  There are probably 3, maybe 4, that on a perfect day might be able to deliver a single video stream to 500k simultaneous viewers.

On the flip side,  there are at least 8 large cable and satellite video distributors that can deliver 100 or more video streams, concurrently,  to a million or more simultaneous viewers.

The Great Internet Video Lie is that the internet opens distribution to compete with the evil gate keepers, cable and satellite.  In reality, if you have a desire to deliver a large number of streams, and you want to compete with another internet video provider to offer a large number of streams, you are not in a very good position. You are at the mercy of 3 or 4 CDNs, the ultimate internet video gatekeepers  

Let me put this another way. Lets say you have your “Worlds Greatest Concert” that you are sure can draw 500k simultaneous streams (on demand or live) . Also planning to stream a large event, lets say the first broadcast of Dark Knight 2, which the producers will stream live at the same time, and oh my goodness, the remaining Beatles decide to have their final reunion with a single live concert at the exact same time. 3 Mega events, each with an expected draw of 500k simultaneous users. Who has the greatest opportunity and the most leverage ? 

Thats easy. Its the CDNs. You have so few choices of vendors that the CDNs can charge whatever they want to handle the event. And thats for one single event. You dont want to know about costs for 24×7 streaming for viewership levels of even small cable networks.

The internet is not an open video platform. Video distribution of any scale places you  at the mercy of just a very few CDNs.  You literally have to compete for timeslots for very large events.  If you want an interesting excercise, call up a CDN and ask them how much it would cost to support an audience that is never smaller than 10k simultaneous viewers for a 1mbs stream, 24 hours a day, for 365 consecutive days. Then call up one of the satellite providers and ask how much they would charge you to deliver to 100pct of their customers, and then call up a cable company and ask the same question.  Total up the cable and satellite numbers and compare them to the internet costs. You may be surprised to see which is cheaper.

If you have dreams of competing with traditional TV network viewing numbers using the internet, dream on.  You cant afford it. You have been sucker punched  by the Great Internet Lie.

Breaking Down Bernie Madoff

Im taking a flyer here, but if they were to put me on the case, the first people I would talk to are the software developers.  Somewhere along the line there was a software program written or modified that allowed Madoff to enter the numbers he made up, who they were paying out cash to and would print the checks and  statements.  Its very unlikely that it was off the shelf software because it would be impossible for all the numbers to balance, or he would need to use suspense type of accounts that would raise red flags for even the smallest of accounting firms.

Maybe I have missed it, but I have yet to see an article written or any commentary about the software Madoff Investments used or read about any programmers that have come forward that worked for him. Someone had to outline the details of what they wanted the software to do, and in a scam of this size, could it be anyone but Madoff himself ? Someone had to take that information and either create or modify software to keep the whole mess running smoothly for him.

Find the programmers who wrote the software and you will find out how the whole thing worked.

Me & JR – The Charity Selection

Still waiting to hear from the Nuggets PR people. I appreciate all the suggestions for wonderful charities that people have posted in response to my last blog. However, in the event I dont hear back from the Nuggets, Im going to give the money to the  Players Association Goals and Dreams Fund in the names of Todd Bertuzzi and Steve Moore.

Why in their names ? As a reminder of what could have happened, and that not every retaliation attempt misses.  Tragedy can be one swing or one elbow away. There is no place for any action that could end someone’s career or worse, in any sport

Me and JR Smith

Dear JR.

Im sorry I didnt accept your generous offer of a signed pair of shoes.  I think they were even my size.

The NBA tells me a tech should have been called on you for throwing the elbow and that I should pay a 25k dollar fine because owners aren’t supposed to get mad. Ever.

In the spirit of the joy of my getting fined and your not getting the tech, have the Nuggets PR folks contact the Mavs PR folks and I will donate 25k to the charity of your choice.

Unless of  course your coach thinks that the wrong thing to do, or the NBA says I can’t because it would be a violation of a rule. In which case, I will find a charity that I think you would like and make the donation in your name.

bff

m

The Cubs

With all the support and encouragement I got to buy the team, I think its appropriate to share the  decision making process behind what happened and why. Buying the Cubs was a unique opportunity to own one of the most storied franchises in sports.  Its a team that represents so much to so many, with such a unique legacy, that when the opportunity arose, I decided to go for it.

I’m not going to get into the numbers, or the people, or much of the process other than to say that the person I worked with at the Trib was great. The person I worked with at the Cubs did a great job as well. Nothing about the process was anything but positive when it came to the people assigned to work with me.

During the entire process I thought I had a very strong chance of being able to buy the team.  I thought I could offer a competitive price. I thought I had the experience to come in and improve the business so that I could continue to invest in the product on the field without having to squeeze every nickel from Cubs fans. I also thought I could win over Major League Baseball. All told, I thought my experience in owning a team and most importantly, my  commitment to always trying to win, would give me an important advantage.

From my perspective, the Cubs being a winning team was important to the seller, the Tribune company, even after they sold.  When the Cubs won, the newspaper sold more copies, more people watched the games on WGN and listened on the radio, which in turn meant those mediums could sell more advertising at a higher rate. On the flipside, if the new owner was purely about making money at the expense of a winning team, it could cause the value of the seller’s other assets to decline faster than they otherwise would.  Not that this would compensate for significant delta in ds;rd price, but it could break ties.

On the flipside, my dedication to winning  could also make my job of getting  approval with MLB baseball much harder. Some people thought it meant that I would spend on players like I did in my early days with the Mavericks. Back before I learned that sometimes GMs put keeping their jobs ahead of trying to win championships. But thats another story for another time.  I had no intentions of trying to outspend the Yankees or Red Sox.  There was no reason to. I didnt have to beat either of those teams unless I made it to the World Series. The only teams I had to be better than were those in the National League, and more importantly, those in my division.  There were no big spending rivals close to home, so the AL East could spend themselves silly. My plans were to spend to win, not to spend for spending’s sake.  IMHO, the money I could save being in the 2nd tier of payroll could be invested in scouting and development. I made this clear to any and all of the owners that I spoke to across the league. Of course that didnt stop some from trying to convince some owners otherwise.

In particular, a lot of the “intelligence” that I would be a big time spender seemed to come out of Chicago. The “conventional wisdom” of people that I talked to around the league suggested that Jerry Reinsdorf, the owner of the White Sox was going to be my primary obstacle to getting approval from MLB should I buy the Cubs. Contrary to popular belief, I think I have a good relationship with Jerry. I know I have a good relationship with all the people I deal with  at the Bulls. We are probably on the same side of NBA issues 99pct of the time.  I honestly don’t know what if any information was coming from Jerry, or his position on my owning a team.  He was very cordial to me and  made it clear that he would be happy to talk to me about anything at any time, although we never did get the chance to chat.

My sense of the entire situation was that whoever the new owner of the Cubs would be, it was in the Sox best interest for things to stay business as usual.  Published TV ratings and other published measures showed that the Cubs were more popular than the Sox, yet before I even started looking at the Cubs, I knew from my discussions with people in the NBA that the Cubs and Sox were treated as equals in their business dealings.  That was great for the Sox, not so good for the Cubs. Im guessing the people in the Sox organization knew, that if I bought the team, particularly at the price point that was being suggested in the papers, there was no way I would just accept parity in future business dealings. I was going to have to try to negotiate the very best deals possible for the Cubs, even if it was at the expense of the White Sox.

In my conversations with owners around the league, they seemed to understand this point. But what was most interesting to me, was that a recurring theme was that they thought I would be good for baseball. Many had talked to NBA owners who explained that I did my homework and was a good partner. That in my areas of strength, in particular technology, I would make sure I tried to contribute and help the league how and where I could.  It was pretty obvious that more than a few of the owners hoped I would come in and stir things up and stand up and speak for the owners when it came to digital rights and the future of technology and how it would impact the teams and leagues profitability. They were hoping I would be the new guy to come in and take the commissioners’ arrows.  Which of course I would be fine with and happy to do if it got me their confirmation vote.

The obstacles seemed to be minor, the opportunity with the Cubs significant. It really was an opportunity that I thought I could be successful with on the field, and financially. More importantly, its something I could have a blast with. The Cubs had a strong organization, with strong management, so if I could do a deal, it wouldnt require changing the entire organization or culture like I had to with the Mavs. I felt I would have to tweak some things, but it was all manageable, which made me feel good that I could stay commited to the Mavs and lock in with the Cubs .

The hardest part was going to be the financial deal.  I never thought it conceivable that it would be hard to spend a billion dollars on a sports team. In this case it was.  Add me to the list of people who never want to participate in this type of sales process again.  I tried every trick I knew to try to get them to commit to me. It reminded me of when I was 16 and selling magazines door to door “Do you mean to tell me Mrs Doe, that when you tell your husband that you spent 75 cents per day on the education and enjoyment of your family, he is going to get mad ? Of course not, he will be proud and excited for you and your family”.   You name the trial close, I went for it. But I couldnt close them.

Then the credit crisis hit and hit hard.

All of the sudden, what seemed like a sane business decision, didnt seem so sane any longer. In particular, the financial participations I had been discussing with my bankers were for shorter term loans. Just refinance at the end of the term. Its what everyone is doing. Except that it no longer seemed like a safe bet that I could refinance in a few years. I didnt want to be caught with a Sumner Redstone margin call, and for better or worse, the banks were getting worried about staying in business and the idea of matching the asset to the term wasnt something they were ready to do, unless of course they could convince 30 other banks to do the same thing.  I thought about writing to Congress to get a bailout…just kidding.

With the credit market on the fritz, the other option was to add investors and just pay cash.  However, if we were going to pay cash, I was not going to bid anywhere near 1 Billion dollars for the assets. Once the credit crisis hit, the value of cash went through the roof. It was not just a matter of how much the Cubs were worth, it was also a matter of how much more money I could earn with that cash.  Cash was and is king. Distressed investment opportunities were rolling in the door that could make me multiples of what any sports team could. I could not see any scenario where the Cubs were worth anywhere near the numbers that had been discussed in the media.  There is one publicly owned team, the Atlanta Braves, that are owned by Liberty Capital.  The market cap of ALL of Liberty Capital net of cash and debt got as low as $250mm dollars, and today trades for about $500mm dollars, and they own far more than just the Braves.

So there was the issue of valuation.  There was also the issue of the economy. It was impossible to predict the full impact of these tough times on any sports team. That uncertainty created two issues. The first of course was valuation.  How much would I be willing to pay for the team ? I wasn’t sure. More important to me was the cash flow.  If the economy had a significant impact on future revenues, it would also impact how much I could invest in players.  The absolute last position i wanted to be in was paying so much for the team, that if  revenues fell off, I couldnt play to win.

So when it came down to it, I did what I thought was the only smart thing to do. I asked for an extension. I knew that if they got the money they wanted for the team, well my bid was not going to be high enough anyway. If they didnt, or the other bidders couldnt come up with their money, they would come back to me.

I’m still waiting

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