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How Bill Ackman Uses Scrutiny As a Weapon
Methods of Prosperity newsletter no. 135: Bill Ackman

“In this sense, Ackman said, shareholder activism means more accountability and motivation for directors ‘to act in the best interest of the company, shareholders, and all stakeholders.’”
Bill Ackman is an activist investor who faced intense regulatory and media scrutiny. It was in the early 2000s over his short-selling and criticism of MBIA and other targets.
As you’ll start to recall, there were investigations and lawsuits involving Ackman. For example, disputes related to Gotham Partners. And his fight with MBIA. Not to mention later civil insider-trading litigation tied to other deals.
I’m referencing the early‑2003 investigation swirl around his first hedge fund Gotham Partners.
That’s when NY Attorney General Eliot Spitzer turned his spotlight toward hedge funds and short sellers, and Gotham became a marquee target [New York Times].

Bill Ackman: CEO of Pershing Square Capital Managemen & co-founder of Pershing Square Foundation
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The Year the Market Became a Courtroom
Let me tell you a story from the cold edge of capital, where money pretends to be math but behaves like belief.
You’d think it begins with greed. It doesn’t. This story begins with fragility.
I. Blood in the Water
By late 2002, Gotham Partners was already wounded. Illiquid bets. Private deals that wouldn’t unwind on command. Redemptions knocking faster than they could have sold their assets.
This is a quiet truth of finance: most disasters start before the headline. Stress creates scent. And scent attracts predators.
Ackman and his partner were preparing to wind the fund down. Not collapse. Wind down. A controlled retreat. But the market doesn’t respect retreat. It smells weakness and calls it guilt.
II. Unfurl The Scroll
Gotham publishes a bearish analysis of MBIA.
On paper, this is mundane. Analysts criticize companies every day. But power hates mirrors.
MBIA strikes back. Big time. Politically. And then comes the turning of the wheel: Eliot Spitzer enters the frame.
Now the story is no longer about balance sheets. It’s about intent.
Were they researching? Or manipulating? Were they warning? Or attacking?
Notice how thin the line is. Notice how easily the verb changes the verdict.
III. Trial Without a Judge
Here’s where markets reveal their most religious quality.
There is no indictment. No charge. No verdict.
Ackman is guilty until proven innocent. Everywhere that matters.
Headlines convict faster than courts ever could.
“Under investigation” becomes “under suspicion.”
“Under suspicion” becomes “must have done something.”
This is the first esoteric lesson of wealth psychology:
Reputation is leverage you do not control.
Once regulators circle, investors flee. Why? Because you are wrong?
Not at all.
They flee because uncertainty is heavier than truth.
So they dissect Gotham’s research practices. Old trades resurface. Every position becomes retroactively sinister.
The public confuses inquiry with accusation. And the confusion is irreversible.
IV. The Long Year
The Gotham/Spitzer/SEC scrutiny is intense. The investigation lingers. Months stretch. Careers rot in slow motion.
No finding of wrongdoing emerges. No charges crystallize.
But that doesn’t matter.
The fund is dead anyway.
They clear Ackman in legal terms.
And ruin him economically.
Clients are gone. Gotham closes. The market has passed sentence.
This is the second lesson:
In finance, survival is not about being right. It’s about outlasting doubt.
He could afford lawyers. He could support his family. He could wait.
Most can’t.
That’s why the system always sounds fair to those who survive it.
V. Exile
There’s a period that never gets the proper dramatic representation it deserves:
The space between collapse and comeback.
Unemployed is too simple a word. This is professional exile.
No platform. No fund. A name that still echoes, but with distortion.
Capital remembers longer than courts.
But you know what’s wild about that? The paradox.
This crucible would make most people smaller.
Not Bill Ackman.
It makes him clearer.
He learns what it costs to be early. What it costs to be loud. What it costs to challenge institutions that can deputize the state.
He also learns something darker:
Markets do not punish harm. They punish inconvenience.
MBIA survives the moment. The truth about it will come later.
It always does.
VI. The Return
In 2004, Pershing Square was born.
Not diversified. Not polite. Not apologetic.
Concentrated bets. Public conviction. Activism as warfare.
Don’t confuse this with spite. It’s not. This is adaptation.
Ackman learned that if they’re going to accuse him anyway, he might as well be undeniable.
This is the final lesson of the chapter:
The system doesn’t reward virtue. It rewards resilience wrapped in narrative.
Ackman doesn’t retreat from scrutiny. He weaponizes it.
And the market, which once judged him, now listens.
Not because it forgave him. But because he returned with something rarer than innocence.
Power.
And power, unlike truth, compounds.
I like you,
– Sean Allen Fenn
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