Daniel Foggo
2 for 1 tickets to Casablanca, this coming Monday
AN underwater salvage company that claimed to have discovered $500m (about £250m) of sunken treasure in the Atlantic has been accused of inflating the value of its find, so boosting its share price and providing a bonanza for its executives.
The allegation comes amid disclosures in stock exchange documents that some of the bosses of Odyssey Marine Exploration cashed in millions of dollars of shares within days of announcing their recovery of 17 tons of silver coins from the wreck.
Other papers show that the Florida-based company privately estimated the worth of the silver coins at £1.2m. A few days later it claimed publicly that the coins had been valued at more than 200 times that amount.
The identity and ownership of the ship have since become the subject of a court battle and Odyssey has issued a defamation action against Jim McManus, a diver and a director of a UK-based historical website and internet blogger from Florida.
He is one of several people in the online maritime community to suggest that the company pushed up its share price by overstating the value of the find.
Following an announcement by Odyssey to the media on May 18 that it had discovered 500,000 silver coins, the company’s share price rose to more than triple its April value as speculators piled in.
Media reports put the valuation of the hoard at about £250m. On May 21 Odyssey issued another press release saying that the figure had come from estimates provided by a coin expert retained by the company and that it was “comfortable” with his calculations.
Instead of retaining the shares once a formal valuation had been carried out and their entitlement to the treasure confirmed, several Odyssey executives and board members started offloading their stock from May 22.
Shortly afterwards, ownership of the treasure was challenged in the Florida courts by the Spanish government, which believes it came from a Napoleonic-era warship, the Nuestra Senora de las Mercedes. That ship was sunk by the British off the Portuguese coast in 1804 while carrying more than 1m silver dollars.
If Spain’s claim is upheld it is possible that Odyssey would be ordered to forfeit its haul.
Whatever the outcome, Odyssey’s bosses have already profited from their discovery, according to documents filed with the US Securities and Exchange Commission (SEC), the stock exchange regulator.
John Morris, Odyssey chief executive and co-founder, sold £650,000 of shares four days after the issuing of the May 18 press release, while David Morris, the company secretary and treasurer, earned himself more than £343,000 within the following 24 hours. George Becker, then Odyssey’s executive vice-president and who has since left the company, also sold shares worth £193,000 within 12 days of the announcement. The commission declined to comment this weekend.
Odyssey has refused to disclose the exact name or location of the wreck from which the haul was taken, giving it only the codename Black Swan. Following the announcement there was widespread speculation in the media that the treasure had been taken from the Merchant Royal, a privately owned British cargo ship known as the El Dorado of the Seas, which sank off Land’s End in the 17th century. Treasure recovered from so old a ship would have been very valuable.
The Sunday Times disclosed in June that Spain believed the wreck was really that of the Mercedes and it has since become clear that it cannot possibly be of the Merchant Royal.
An export licence, applied for by Odyssey on May 14 when it was seeking to transport its haul to Florida via Gibraltar, shows that it was taken from a location off the Iberian peninsula, rather than Land’s End.
It also shows that Odyssey gave the silver coins a valuation of only £1.2m.
The £250m valuation was given by Nick Bruyer, a coin marketer who has sold coins for Odyssey in the past. He is said to have valued the 500,000 silver coins at between several hundred pounds and £2,000 each.
John Morris and Greg Stemm, Odyssey’s founders, have previously been prosecuted by the SEC. It accused them of inflating the value of shares in a company of which they were directors by overstating the worth of salvaged artefacts. They were acquitted by a jury in 1997.
A spokeswoman for Odyssey said: “The value put on the export licences was based on an estimate of what we believed to be our cost basis at that time. In accounting for US companies we are required to value artefacts at our cost of recovery, which has nothing to do with retail value.
“The company has not estimated the total potential value of the Black Swan recovery and will not do so until we have conserved and priced them all.
“John Morris, David Morris and George Becker legally sold parts of their positions after the appropriate waiting period as part of their personal financial planning.”
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In Spain they have never spoken clear. Playing tricks with local, regional and national authorities, cheating with supposed "secrets" (the wreck sites are in danger and this is the reason for confidentiality, but they don't tell to authorities: so danger means danger of other partner take the gold).
Archaelogy? Read my lips (words): Archaeology is nothing to do with this case. Any scholard you ask will tell you the truth: gold but not past, silver but not history, money but not scientific discoveries. DO YOU KNOW ANY SUBSTANTIAL OR SERIOUS SCIENTIFIC PUBLICATION OF THE SUPPOSED STUDIES OF THESE GUYS? So, Humankind is not getting any profit from these gentlemen. Seahowk was the name of the company investigated in a prosecution by SEC. The difference between 1997 and 2007 is OME's ammount of tecnology. The soul of this matter is surely the same.
Alvaro , madrid, spain
Jim McManus literally froths at the mouth in his rabid attacks on Odyssey and all their works. He is a member of the UK Council on British Archaeology. Several of that group's people have consistently assaulted Odyssey since the 2002 announcement of a joint agreement with the United Kingdom for the archaeological exploration of HMS Sussex pursuant to recovery of a large cargo coins thought to have been on that vessel. He and several cronies pretend not to recognise the outstanding credentials of UK archaeologists who are part of that project, and to consistently claim the entire Odyssey programme is a cheat. The real cheating, of course is by people like McManus who dare not disclose they think destroying the organisation is the only way to stop it. Odyssey are above-board and public; McManus and his ilk are assassins in the shadows.
Anthony John, Washington, DC, USA
might have been 'above board' but the legal tangle will take years. in Spain they are considered pirates, and i doubt they will EVER be able to work with spanish authorities. and never forget ... most shipwrecks that are of interest to pirates are spanish. the offloading of their shares may have been just legal, but i would have appreciated a one year graph of their share price ....
mark, alicante, spain
In his posted comment here, Mr. McManus said:
"Personally, I was more disturbed by the ability of these supporters (employees ?) of OMR to control the content on the Yahoo OMEX website. It appears they have admin ability to modify/delete posts that are unfavorable to Odyssey."
This seems a rather strange thing to allege. If, in fact, OMR was controlling the independent Yahoo financial board, why would they be suing Mr. McManus for defamatory comments? Wouldn't they simply have deleted his comments to begin with?
This is an obvious contradiction of thought, and one I think casts doubt on his veracity.
Jeremy, San Diego, USA
Well, the same pumpers of OMR that have turned the forum into a mudslinging free for all are still at it. There are a few things I feel should be said. First; facts are facts, they speak for themselves, as prestigious a paper as the Sunday Times is not afraid to state them. Personally, I was more disturbed by the ability of these supporters (employees ?) of OMR to control the content on the Yahoo OMEX website. It appears they have admin ability to modify/delete posts that are unfavorable to Odyssey. They want to sue over whose content? Second; this is supposed to be a matter of history but it appears to be about financial gain, History and Archaeology take the back seat. Spokesmen for these sciences have taken Odyssey to task repeatedly over the years. Third; I believe in the First Amendment. I have a right to my opinion, a right to pose questions. I should not have to open an FBI investigation into threats against my person.
I shall be ruined but I shall be heard.
Jim McManus
Jim McManus, St. Thomas, Virgin Islands
Odyssey's ticker symbol is actually "OMEX" and the link to the Yahoo board is:
http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_O/messagesview?bn=51501
I agree Jim McManus, "nautical research," has been a nuisance there for a long time. If he's being sued for defamation, I'm not surprised. He was warned several times by regular posters that he was crossing a line into libel, especially in regards to his comments about Odyssey's management practices. He should have listened.
James, NY, NY, USA
The reporter wrote a one-sided article, and conveniently left out some facts. He said Odyssey was comfortable with the coin experts appraisal, but left out the rest of the paragraph. Here's an exact quote from the May 21st PR.
"Odyssey's position is that until all the coins are conserved, documented and graded, it is impossible to know what the entire collection would bring at retail. Based on the coins that have been conserved to date and that he has been able to inspect, we are comfortable with Mr. Bruyer's opinion that coins from the "Black Swan" will bring from several hundred to four thousand dollars per coin retail. These are estimates that could change significantly when the rest of the coins are conserved and do not include the cost of marketing and sales, so actual revenue to Odyssey would be much lower than retail sales prices."
Jeff K, Sunrise, Florida
This is a unfair, biased article. Odyssey's management team has been above board regarding its stock sales, and all were within legal requirements (and filed with the SEC). What's more, Jim McManus is well known on OMR's Yahoo financial board as a person who has consistently accused Odyssey of all manner of wrongdoing and crimes. One wonders, given the poor reporting in this story, if he might have even been the source for this story. Read the Yahoo board yourselves to make your own judgment about his often bizarre behavior and postings. He goes by the name of "nautical research."
Fred, Atlanta, GA, USA