July 1 (Reuters) -
Hindenburg Research refuted allegations on Monday from
India's securities regulator accusing the company of colluding
with a U.S. asset manager to use non-public information to set
up its short bet against Adani Group last year.
In a statement posted to its website, U.S.-based
short-seller Hindenburg provided a copy of a 46-page show cause
notice from the Securities and Exchange Board of India (SEBI)
outlining the allegations that six entities including
Hindenburg, asset manager Kingdon Capital Management and a
Mauritus-based trading fund set up by Kotak Mahindra Bank
violated certain rules under the Prevention of Fraud and Unfair
Trade Practices regulation.
While SEBI has not made the notice public, two sources
at the regulator with direct knowledge of the matter confirmed
its authenticity.
The allegations, if proven, could result in monetary
penalties and the payback of any illegal gains.
Hindenburg responded saying the notice is "nonsense" and
an attempt to silence and intimidate by alleging that
Hindenburg's report contained misrepresentations and inaccurate
statements meant to mislead readers.
"In our view, SEBI has neglected its responsibility,
seemingly doing more to protect those perpetrating fraud than to
protect the investors being victimized by it," Hindenburg said.
The disclosure of the SEBI notice adds a new twist in
the saga that began last year when Hindenburg, founded by Nathan
Anderson, alleged improper business dealings by Adani.
Adani, which refuted the allegations, suffered a loss of as
much as $150 billion in combined market value after the report,
but has since rebounded.
In the notice, SEBI alleges Hindenburg colluded with its
client Kingdon Capital Management by providing a draft of its
report on Adani Group before it was released publicly.
SEBI alleges that Mark Kingdon, the owner of Kingdon
Capital, then set up a fund able to trade Indian equities known
as K Indian Opportunities Fund. That fund created short
positions in Adani group stocks between Jan. 10, 2023, and Jan.
20, 2023, five days ahead of the Hindenburg report being
published, according to the SEBI documents.
In its statement, Hindenburg said a Mauritius registered
unit of Kotak Mahindra Bank, an Indian firm, created and oversaw
an offshore fund structure that was used by its "investor
partner" to bet against Adani's shares.
The positions were squared off in February, leading to
gains of $22.25 million, the SEBI documents said.
Hindenburg in its statement does not comment on its
relationship with Kingdon.
An email to Hindenburg Research and Kingdon Capital was
not immediately answered.
SEBI has not replied to a request for comment on
Hindenburg's statement and to confirm the authenticity of the
show cause order.
Kotak did not reply to a request for comment.
Hindenburg's response sheds some light on the mechanics
of its Adani short trade, the details of which intrigued other
investors because Indian securities rules make it hard for
foreigners to bet against companies there.
Hindenburg said it made $4.1 million in gross revenue
through "gains related to Adani shorts from that investor
relationship" and just $31,000 through its short position of
Adani's U.S. bonds. It did not name the investor.
"It was a tiny position," it said. "But, to date, our
research on Adani is by far the work we are most proud of."