Wall Street Journal: “Hedge Funds Are Using FOIA Requests to Obtain Nonpublic Information From Federal Agencies…When SAC Capital Advisors LP was weighing an investment in Vertex Pharmaceuticals Inc., the hedge-fund firm contacted a source it knew would provide nonpublic information without blinking: the federal government.
An investment manager for an SAC affiliate asked the Food and Drug Administration last December for any “adverse event reports” for Vertex’s recently approved cystic-fibrosis drug. Under the Freedom of Information Act, the agency had to hand over the material, which revealed no major problems. The bill: $72.50, cheaper than the price of two Vertex shares.
SAC and its affiliate, Sigma Capital Management LLC, snapped up 13,500 Vertex shares in the first quarter and options to buy 25,000 more, securities filings indicate. The stock rose that quarter, then surged 62% on a single day in April when Vertex announced positive results from safety tests on a separate cystic-fibrosis drug designed to be used in combination with the first.
Finance professionals have been pulling every lever they can these days to extract information from the government. Many have discovered that the biggest lever of all is the one available to everyone—the Freedom of Information Act—conceived by advocates of open government to shine light on how officials make decisions. FOIA is part of an array of techniques sophisticated investors are using to try to obtain potentially market-moving information about products, legislation, regulation and government economic statistics.
“It’s an information arms race,” says Les Funtleyder, a longtime portfolio manager and now partner at private-equity firm Poliwogg Holdings Inc. “It’s important to try every avenue. If anyone else is doing it, you need to, too.”
A review by The Wall Street Journal of more than 100,000 of the roughly three million FOIA requests filed over the past five years, including all of those sent to the FDA, shows that investors use the process to troll for all kinds of information. They ask the Environmental Protection Agency about pollution regulations, the Department of Energy about grants for energy-efficient vehicles, and the Securities and Exchange Commission about whether publicly held companies are under investigation. Such requests are perfectly legal.”
See also “Making FOIA More Free and Open” (Joel Gurin)
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