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An Exception That Proves the Rule: Ivan Boesky



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Mishkin Eakins - Financial Markets and Institutions, 7e (2012)

An Exception That Proves the Rule: Ivan Boesky

The efficient market hypothesis indicates that invest-

ment advisers should not have the ability to beat the

market. Yet that is exactly what Ivan Boesky was able

to do until 1986, when he was charged by the

Securities and Exchange Commission with making

unfair profits (rumored to be in the hundreds of mil-

lions of dollars) by trading on inside information. In

an out-of-court settlement, Boesky was banned from

the securities business, fined $100 million, and sen-

tenced to three years in jail. (After serving his sen-

tence, Boesky was released from jail in 1990.) If the

stock market is efficient, can the SEC legitimately

claim that Boesky was able to beat the market? The

answer is yes.

Ivan Boesky was the most successful of the so-

called arbs (short for arbitrageurs) who made hun-

dreds of millions in profits for himself and his clients

by investing in the stocks of firms that were about to

be taken over by other firms at an above-market

price. Boesky’s continuing success was assured by an

arrangement whereby he paid cash (sometimes in a

suitcase) to Dennis Levine, an investment banker who

had inside information about when a takeover was to

take place because his firm was arranging the financ-

ing of the deal. When Levine found out that a firm

was planning a takeover, he would inform Boesky,

who would then buy the stock of the company being

taken over and sell it after the stock had risen.

Boesky’s ability to make millions year after year in

the 1980s is an exception that proves the rule that

financial analysts cannot continually outperform the

market; yet it supports the efficient markets claim that

only information unavailable to the market enables an

investor to do so. Boesky profited from knowing about

takeovers before the rest of the market; this information

was known to him but unavailable to the market.

The case for random-walk stock prices can be demonstrated. Suppose that peo-

ple could predict that the price of Happy Feet Corporation (HFC) stock would rise

1% in the coming week. The predicted rate of capital gains and rate of return on HFC

stock would then be over 50% at an annual rate. Since this is very likely to be far

higher than the equilibrium rate of return on HFC stock (R

of

⬎ R*), the efficient mar-



ket hypothesis indicates that people would immediately buy this stock and bid up

its current price. The action would stop only when the predictable change in the price

dropped to near zero so that R

of

⫽ R*.



Similarly, if people could predict that the price of HFC stock would fall by 1%,

the predicted rate of return would be negative and less than the equilibrium return

(R

of

⬍ R*), and people would immediately sell. The current price would fall until the



predictable change in the price rose back to near zero, where the efficient market

condition again holds. The efficient market hypothesis suggests that the predictable

change in stock prices will be near zero, leading to the conclusion that stock prices

will generally follow a random walk.

4

Financial economists have used two types of tests to explore the hypothesis that



stock prices follow a random walk. In the first, they examine stock market records


Chapter 6 Are Financial Markets Efficient?

123

to see if changes in stock prices are systematically related to past changes and hence

could have been predicted on that basis. The second type of test examines the data

to see if publicly available information other than past stock prices could have been

used to predict changes. These tests are somewhat more stringent because additional

information (money supply growth, government spending, interest rates, corporate

profits) might be used to help forecast stock returns. Early results from both types

of tests generally confirmed the efficient market view that stock prices are not pre-

dictable and follow a random walk.

5

Technical Analysis



A popular technique used to predict stock prices, called tech-

nical analysis, is to study past stock price data and search for patterns such as trends

and regular cycles. Rules for when to buy and sell stocks are then established on

the basis of the patterns that emerge. The efficient market hypothesis suggests that

technical analysis is a waste of time. The simplest way to understand why is to use

the random-walk result derived from the efficient market hypothesis that holds that

past stock price data cannot help predict changes. Therefore, technical analysis,

which relies on such data to produce its forecasts, cannot successfully predict

changes in stock prices.

Two types of tests bear directly on the value of technical analysis. The first

performs the empirical analysis described earlier to evaluate the performance of

any financial analyst, technical or otherwise. The results are exactly what the effi-

cient market hypothesis predicts: Technical analysts fare no better than other

financial analysts; on average, they do not outperform the market, and success-

ful past forecasting does not imply that their forecasts will outperform the mar-

ket in the future. The second type of test takes the rules developed in technical

analysis for when to buy and sell stocks and applies them to new data.

6

The per-



formance of these rules is then evaluated by the profits that would have been made

using them. These tests also discredit technical analysis: It does not outperform

the overall market.

6

Sidney Alexander, “Price Movements in Speculative Markets: Trends or Random Walks?” Industrial




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