4/5
Here is the legal asymmetry.
A licensed analyst who sent those same memos to a senator’s office while holding a short position would face mandatory disclosure of that position, compliance review, and a cooling-off period before covering under FINRA Rule 2241 and Reg AC.
An activist short seller operating outside that perimeter faces none of it. No disclosure. No supervisory review. No restriction on timing.
Ironically, Cohodes himself co-authored a 2020 FT op-ed advocating for exactly this kind of reform, a 10-day holding period after distributing market-moving research. He did not apply that standard to Silvergate.
The shareholders who bore the legal costs of the proceedings that followed had no way of knowing that a sustained public campaign against their company, one that ran in parallel throughout, operated under no disclosure obligations whatsoever.
That information asymmetry is not incidental. It is structural.