The Drexel Diaspora

February 6, 2005
The Drexel Diaspora
By JENNY ANDERSON

RENT STEVENS did not sleep on that February weekend in 1990. A newly minted Wharton School M.B.A., Mr. Stevens had recently joined Drexel Burnham Lambert, the swashbuckling investment bank that dominated the market for financing risky companies. That Sunday, after working on a deal nonstop for 48 hours, he received an ominous telephone call from a managing director, telling him to go home. He was dumbfounded. Deals were over when they were over, he said, and no one at Drexel slept until they were.

The next morning, Mr. Stevens arrived at 5:30 at Drexel’s office in Beverly Hills to find his boss, Robert Beyer, sitting in his chair. “You’re going to hear some pretty difficult things today,” he recalled Mr. Beyer telling him. “A lot of them will be true. Don’t worry, you’ll be fine.”

Within the hour, Mr. Stevens learned that Drexel, once the most profitable and feared bank on Wall Street, had a liquidity crisis. By evening, the firm would be bankrupt. Later called the “St. Valentine’s Day massacre,” the bankruptcy left more than 5,700 people in Beverly Hills and New York unemployed and potentially tainted by their association with an institution considered by many people at the time to be defiant, greedy and criminal.

That perception, of course, did not come out of thin air. In December 1988, Drexel agreed to plead guilty to six felony counts and to pay a $650 million fine. Three months later, Michael R. Milken, the firm’s legendary junk-bond trader, was indicted on 98 charges, including racketeering. He later pleaded guilty to six felony counts, paid $600 million in fines and restitution and served two years in prison.

But what became of Mr. Stevens and his co-workers? Today, almost exactly 15 years after the firm’s demise, he and many other young employees swept up in the Drexel diaspora have risen to prominent positions on Wall Street. Mr. Stevens is the head of leveraged finance at the Jefferies Group, an investment bank known for lining up complex financing for high-risk companies. Not coincidentally, his boss – Richard B. Handler, the chief executive of Jefferies – was a 28-year-old trader at Drexel when the firm blew up.

Several other former Drexel employees are managing billions for pension funds, endowments, wealthy people and one another – often using junk bonds. Mark L. Attanasio, a senior vice president at Drexel when it collapsed, is a managing partner at Trust Company of the West, a $109.7 billion money management firm. Last month, he bought the Milwaukee Brewers for more than $220 million.

Interviews with more than two dozen former employees showed that, far from being embarrassed by their connection to Drexel, most retain an almost cultlike devotion to the firm and much of what it stood for. Few of them were crucial players in building Drexel’s core franchise, junk bonds. And few of them were especially close to Mr. Milken, who has since survived cancer, established two major foundations devoted to cancer research and become a major investor in an education initiative, Knowledge Universe Inc.

But to a person, they all described their Drexel DNA as a crucial factor in their success today. “It showed you the sky was the limit,” Mr. Handler said. “You realized you could make a difference in finance. The sheer volume of deals, the market share you could have, your ability to add value to clients, how you could drive your competition nuts, also how much wealth creation was possible.”

A HANDFUL of Drexel’s most senior managers also went on to make names for themselves. Perhaps the best known is former Drexel trader Gary Winnick, who founded Global Crossing, the onetime telecom giant that imploded under a mountain of debt in January 2002. Mr. Winnick cashed in more than $700 million in stock before the firm went belly up. Another veteran star is Leon D. Black, founder of Apollo Management, one of the most respected names in the buyout world. He made his fortune buying the bankrupt portfolio of Executive Life, the insurer. Apollo now manages more than $13 billion, registering compound annual returns of more than 40 percent since 1990 on the $12 billion it has invested.

But it is only recently that the younger members of the firm – associates and executive vice presidents, vice presidents and young managing directors – have made their mark. They include Peter J. Nolan, Jonathan D. Sokoloff and John G. Danhakl – all 20-something associates when the firm went bust – who now run Leonard Green & Partners, a private equity shop in Los Angeles that manages $3.7 billion and has posted stellar returns, almost 40 percent a year over the past 16 years. Another is Ken Moelis, who had more seniority at Drexel – though still in his 20’s when the firm collapsed – and now is joint global head of investment banking at UBS. The list goes on.

The money being made in the credit markets by former Drexel employees is vindication to some former managers, who said they felt that the firm was destroyed unnecessarily. “One prosecutor said to me in 1990, ‘With compensation levels like this, this has to be a den of thieves. You couldn’t make this much money,’ ” recalled a former manager who asked not to be identified. “I said, ‘Compensation levels are lower than what they will be doing 10 years from now.’ ”

He was right, of course: he and his fellow alumni are making more money today than they ever dreamed during their Drexel days. Mr. Handler’s stock and options in Jefferies alone are worth almost $200 million, and Jefferies is one of the best-performing financial stocks on the New York Stock Exchange. The Leonard Green group has returned more than $1.4 billion to investors over the past two years, with each of the three managing partners taking home somewhere in the range of $100 million each.

One former government official who was involved in the Drexel case said he was not surprised that many of the alumni had prospered. “The sad thing about Drexel was that a lot of their business was untainted by this, but when it blew up it all blew up,” said Gary Lynch, now the general counsel at Credit Suisse First Boston.

The legacy of Drexel, gray to the outside world, is as white as snow to the group: It was an institution where hard work and good ideas were rewarded, hierarchies were absent, talent abounded and the potential to be very, very, rich was palatable, former employees said. They recall exactly where they were the morning the firm went bankrupt – as well as the details from the steamy party later that week at the Sugar Shack, a Los Angeles bar, now defunct, where mai tais flowed generously and sex was rampant, several employees recalled.

Some still remember their Drexel seniority rank precisely and offer that information voluntarily: 15th to be hired in corporate finance in New York, said one; 10th in trading in Beverly Hills, said another. Almost everyone in the group owns some Drexel memorabilia: a chair, a desk, a computer, all bought or taken during the bankruptcy. And while many were reluctant to be interviewed for this article, once seated, they could not stop talking.

To be sure, nostalgia about Drexel’s rise and fall is not universal, especially among senior managers. One senior trader who worked with Mr. Milken on his famous X-shaped trading desk and asked not to be identified said: “There were those who sat on the X and those who didn’t. There were those who were hired by Mike and those who were not.” As for the fond memories of others, he said: “They did not appear before a grand jury. They did not lose millions in stock.”

No matter what they think of Drexel, however, former employees and other Wall Street watchers seem to agree on this much: there may never be another firm quite like it. “Drexel had a certain chutzpah that hasn’t been seen since,” said Charles R. Geisst, a Wall Street historian at Manhattan College. “People seem to forget it was the only major financial firm to be shut down by regulators. That’s a strong message that chutzpah shouldn’t continue.” And by most accounts, it hasn’t.

By the mid-1980’s, Drexel was the nexus of the nation’s high-yield bond boom and takeover frenzy. Corporate raiders and entrepreneurs like T. Boone Pickens and Ted Turner and Ronald O. Perelman were making plays for companies far bigger than their own. They financed these takeovers with junk bonds, for which Mr. Milken had created a market. The firm – many would say Mr. Milken alone – helped build the cellular, video game and cable industries, including companies like CNN, MCI and McCaw Communications.

In 1980, Drexel underwrote 48 high-yield deals that brought in $1.6 billion. In 1989, the firm did 100 deals worth $23.2 billion. Drexel’s share of the junk bond market was 40 to 60 percent throughout the decade, according to Thomson Financial. It was not until 1987 that a rival, Credit Suisse First Boston, posted a market share in the double digits.

Not surprisingly, Drexel attracted top Ivy League talent. “It was the hot place to go, especially the Beverly Hills office,” said Mark Lanigan, who graduated from Harvard Business School in 1986 and now runs an investment fund seeded by another hedge fund group run by former Drexel employees. “They were shaking up the world. Every other day you opened The Wall Street Journal and Drexel was helping to launch a hostile takeover or helping an established company defend itself.”

Most of the junior bankers chose Drexel over other top-flight banks. They picked it because they thought they could learn more, advance faster, make more money and – corny as it sounds, even on Wall Street – become part of history.

“Drexel was tied to a rocket,” said Leon Wagner, chairman of GoldenTree Asset Management, a $6.5 billion money management firm, who joined Drexel’s high-yield trading desk in 1986 from Lehman Brothers. “Just to be able to sit on the desk and see the calls start at 4:15 in the morning, Boesky and Perelman and Diller and Murdoch,” he said referring to Ivan Boesky, the arbitrageur; Mr. Perelman, of Revlon; Barry Diller, now chairman of IAC/InterActiveCorp, and Rupert Murdoch of the News Corporation.

Because the firm controlled the market, young associates were thrown on big deals and told to execute them. “I learned more in five years than I have in the subsequent 15,” was a typical observation among the former Drexel employees interviewed. Mr. Attanasio, who made his fortune selling his fund, Crescent Capital, to Trust Company of the West, said, “We were the market, so you learned the market.”

Frederick H. Joseph, Drexel’s former chief executive, who is now managing director and co-head of investment banking at Morgan Joseph & Company, the boutique investment bank, likened the experience to being at a top-notch university. “Harvard is as good as it is because of the people there,” he said in an interview. “It’s a favorable vicious cycle.”

There was the money, too – lots of it. The parking lots at the Beverly Hills office were filled with red and yellow Porsches, Ferraris and BMW’s. And Drexel knew how to have a party. At the firm’s famous Predators’ Ball, where it entertained corporate titans, members of the younger generation said they ran around taking notes, gawking at the crowd. Frank Sinatra performed in 1984, Diana Ross in 1985. Star power at credit conferences was rare at the time; the employees thought it was cool.

Despite the controversy engulfing the firm in 1990, few employees saw the end coming. Mr. Moelis was skiing with clients in Colorado. Mr. Wagner found out on the Friday before the implosion from his wife. Mr. Attanasio had been in Germany the previous week doing due diligence on a deal.

It was by no means immediately apparent that Drexel’s young associates and vice presidents were employable. “You had been in Chernobyl,” Mr. Nolan said. Many of them kept working on Drexel business: Chris Kanoff, now head of corporate finance at Jefferies, promised to finish a deal for a client and, using the law offices of Latham & Watkins, finished it in eight weeks.

Others scrambled to find jobs elsewhere after the bankruptcy. One group went to Donaldson, Lufkin & Jenrette. Another went to Jefferies, and a third started Canyon Capital Advisors, now a successful $7 billion hedge fund. Mr. Sokoloff joined Leonard Green, and two others would do so later. Some regrouped back East, including Ted Virtue, now the chief executive of MidOcean Partners, a $3 billion private equity fund, and Mr. Wagner of GoldenTree. Others who worked on the East Coast started over, including Jay R. Bloom, Dean C. Kehler and Andrew R. Heyer, who run the highly successful Trimaran Capital Partners.

FIFTEEN years later, they are bonded by more than history. One just raised $1.5 million for a charity related to a family illness; a substantial amount came from Drexel people. “What do you say to that?” he said, asking not to be identified. Chris Andersen, a senior banker in the New York office when Drexel collapsed, has a Christmas party every year in the Versailles Room at the St. Regis. Of the 250 people who came last year, more than half had been at Drexel. “The culture, at its core, was almost a religious fervor for what we were doing and the power to transform things,” said Mr. Andersen, who founded G. C. Andersen Partners, a merchant banking firm.

And few jumped as the ship was sinking. “It was us against everyone else,” said Mr. Heyer of Trimaran. “You couldn’t have infighting if you were taking on the world.”

Mr. Virtue, who ran the high-yield business, and then banking, at Bankers Trust, now part of Deutsche Bank, before starting MidOcean, said: “There was a sense that we were abandoned orphans. We kept tabs on each other.”

The alumni work together on deals and say that their close ties allow them to execute tough transactions in less time. For example, when Jonathan Coslet, a partner at Texas Pacific Group and a former Drexel financial analyst, bought J. Crew in a highly leveraged deal in 1997, the banker working on the deal was Mr. Lanigan, then at Donaldson, Lufkin & Jenrette. The company received complex financing for the deal from Trust Company of the West, where Mr. Attanasio and two other former Drexel employees – Jean Marc Chapus and Mr. Beyer (Mr. Stevens’s former boss) – were involved. Mr. Chapus is managing partner at TCW, where Mr. Beyer is the president.

When it came time for a second financing, Texas Pacific Group turned to Black Canyon Capital L.L.C., an investment fund run by Mr. Lanigan and backed by the principals at Canyon Capital Advisors. It financed the full $275 million.

Mr. Milken, of course, has also remained in the spotlight. After serving his prison term, he received a diagnosis of prostate cancer. He successfully battled cancer and has been active in the research arena, gracing the cover of Fortune magazine last month alongside Lance Armstrong.

Many former Drexel employees speak glowingly of Mr. Milken. “He’s so brilliant, it’s like getting near the sun,” Mr. Wagner said.

Mr. Virtue added: “He was the best visionary Wall Street every had.”

But in an odd way, some former Drexel young guns are equally grateful that the firm collapsed when it did. “When you were part of the Drexel franchise, you weren’t sure if it was Drexel” or you, Mr. Coslet said. “Now they have made a name for themselves and it’s nice for them to say: ‘It was my innovation and my talent. I did it on my own.’ ”

Of course, they all took from the experience a powerful lesson, one that might have served them as well as any expertise they absorbed during their Drexel days. “There’s a difference between being very competitive and can-do, and winning at all costs,” Mr. Wagner said. “All costs is costly.”

Gong Hay Fat Choi!

You may or may not know, February 9th is Chinese New Year!!!

You dont have to be Chinese to celebrate it and well I’m certainly not but I love a celebration.

Some history: The Chinese Lunar New Year is the longest chronological record in history, dating from 2600BC, when the Emperor Huang Ti introduced the first cycle of the zodiac. Like the Western calendar, The Chinese Lunar Calendar is a yearly one, with the start of the lunar year being based on the cycles of the moon. Therefore, because of this cyclical dating, the beginning of the year can fall anywhere between late January and through February. This year it falls on February 9th. A complete cycle takes 60 years and is made up of five cycles of 12 years each.

The Chinese Lunar Calendar names each of the twelve years after an animal. Legend has it that the Lord Buddha summoned all the animals to come to him before he departed from earth. Only twelve came to bid him farewell and as a reward he named a year after each one in the order they arrived. The Chinese believe the animal ruling the year in which a person is born has a profound influence on personality, saying: “This is the animal that hides in your heart.”

This year is the year of the Rooster. Woot! Hmmm too bad my fam doesn’t know the tradition and won’t be kickin down some red envelopes….

Knowing is Beautiful

Fascinating Article on AIDS in Africa reprinted below

Highlights:

  • There is no gold standard for HIV tests in Africa (no definition of negative or positive).
  • In Africa, diseases including malaria, malnutrition, diarrhea, dysentery, cholera, TB are now defined as “AIDS”.
  • Money to Africa for improving living conditions (safe drinking water, sanitation, education, infrastructure) has been diverted to pay for AIDS drugs.

Knowing is Beautiful
By Liam Scheff

National infection rates for HIV. No data is available for white coloured areas.As a journalist who writes about AIDS, I am endlessly amazed by the difference between the public and the private face of HIV; between what the public is told and what’s explained in the medical literature. The public face of HIV is well-known: HIV is a sexually transmitted virus that particularly preys on gay men, African Americans, drug users, and just about all of Africa, although we’re all at risk. We’re encouraged to be tested, because, as the MTV ads say, “knowing is beautiful.” We also know that AIDS drugs are all that’s stopping the entire African continent from falling into the sea.

The medical literature spells it out differently; quite differently. The journals that review HIV tests, drugs and patients, as well as the instructional material from medical schools, the Centers for Disease Control (CDC) and HIV test manufacturers will agree with the public perception in the large print. But when you get past the titles, they’ll tell you, unabashedly, that HIV tests are not standardized; that they’re arbitrarily interpreted; that HIV is not required for AIDS; and finally, that the term HIV does not describe a single entity, but instead describes a collection of non-specific, cross-reactive cellular material.

That’s quite a difference.

The popular view of AIDS is held up by concerned people desperate to help the millions of Africans stricken with AIDS, the same disease that first afflicted young gay American men in the 1980s. The medical literature differs on this point. It says that that AIDS in Africa has always been diagnosed differently than AIDS in the U.S.

In 1985, the World Health Organization called a meeting in Bangui, the capital of the Central African Republic, to define African AIDS. The meeting was presided over by CDC official Joseph McCormick. He wrote about in his book “Level 4 Virus hunters of the CDC,” saying, “If I could get everyone at the WHO meeting in Bangui to agree on a single, simple definition of what an AIDS case was in Africa, then, imperfect as the definition might be, we could actually start counting the cases”. The results: African AIDS would be defined by physical symptoms: fever, diarrhea, weight loss and coughing or itching. (AIDS in Africa: an epidemiological paradigm. Science, 1986)

In Sub-Saharan African about 60 percent of the population lives and dies without safe drinking water, adequate food or basic sanitation. A September, 2003 report in the Ugandan Daily New Vision outlined the situation in Kampala, a city of approximately 1.3 million inhabitants, which, like most tropical countries, experiences seasonal flooding. The report describes “heaps of unclaimed garbage” among the crowded houses in the flood zones and countless pools of water [that] provide a breeding ground for mosquitoes and create a dirty environment that favors cholera.

“[L]atrines are built above water streams. During rains the area residents usually open a hole to release feces from the latrines. The rain then washes away the feces to streams, from where the [area residents] fetch water. However, not many people have access to toilet facilities. Some defecate in polythene bags, which they throw into the stream.” They call these, “flying toilets.”

The state-run Ugandan National Water and Sewerage Corporation states that currently 55% of Kampala is provided with treated water, and only 8% with sewage reclamation.

Most rural villages are without any sanitary water source. People wash clothes, bathe and dump untreated waste up and downstream from where water is drawn. Watering holes are shared with animal populations, which drink, bathe, urinate and defecate at the water source. Unmanaged human waste pollutes water with infectious and often deadly bacteria. Stagnant water breeds mosquitoes, which bring malaria. Infectious diarrhea, dysentery, cholera, TB, malaria and famine are the top killers in Africa. But in 1985, they became AIDS.

The public service announcements that run on VH1 and MTV, informing us of the millions of infected, always fail to mention this. I don’t know what we’re supposed to do with the information that 40 million people are dying and nothing can be done. I wonder why we wouldn’t be interested in building wells and providing clean water and sewage systems for Africans. Given our great concern, it would seem foolish not to immediately begin the “clean water for Africa” campaign. But I’ve never heard such a thing mentioned.

The UN recommendations for Africa actually demand the opposite billions of dollars taken out of social funds, education and health projects, infrastructure [and] rural development and redirected into sex education (UNAIDS, 1999). No clean water, but plenty of condoms.

I have, however, felt the push to get AIDS drugs to Africans. Drugs like AZT and Nevirapine, which are supposed to stop the spread of HIV, especially in pregnant women. AZT and Nevirapine also terminate life. The medical literature and warning labels list the side effects: blood cell destruction, birth defects, bone-marrow death, spontaneous abortion, organ failure, and fatal skin rot. The package inserts also state that the drugs don’t stop HIV or prevent AIDS illnesses.

The companies that make these drugs take advantage of the public perception that HIV is measured in individual African AIDS patients, and that African AIDS water-borne illness and poverty can be cured by AZT and Nevirapine. That’s good capitalism, but it’s bad medicine.

A man with terminal AIDS-related tuberculosis sits on his hospital bed in Gulu, northern Uganda.Currently MTV, Black Entertainment Television and VH1 are running advertisements of handsome young couples, black and white, touching, caressing, sensually, warming up to love-making. The camera moves over their bodies, hands, necks, mouth, back, legs and arms and we see a small butterfly bandage over their inner elbow, where they’ve given blood for an HIV test. The announcer says, Knowing is beautiful. Get tested.

A September, 2004 San Francisco Chronicle article considered the beauty of testing. It told the story of 59 year-old veteran Jim Malone, who’d been told in 1996 that he was HIV positive. His health was diagnosed as very poor. He was classified as, permanently disabled and unable to work or participate in any stressful situation whatsoever. Malone said, ‘When I wasn’t able to eat, when I was sick, my in-home health care nurse would say, Well, Jim, it goes with your condition.” That’s the way I thought, he said.

In 2004, his doctor sent him a note to tell him he was actually negative. He had tested positive at one hospital, and negative at another. Nobody asked why the second test was more accurate than the first (that was the protocol at the Veteran’s Hospital). Having been falsely diagnosed and spending nearly a decade waiting, expecting to die, Malone said, “I would tell people to get not just one HIV test, but multiple tests. I would say test, test and retest.”

In the article, AIDS experts assured the public that the story was extraordinarily rare. But the medical literature differs significantly.

In 1985, at the beginning of HIV testing, it was known that 68% to 89% of all repeatedly reactive ELISA (HIV antibody) tests [were] likely to represent false positive results. (NEJM New England Journal of Medicine. 312; 1985).

In 1992, the Lancet reported that for 66 true positives, there were 30,000 false positives. And in pregnant women, there were 8,000 false positives for 6 confirmations. (Lancet 339; 1992)

In September 2000, the Archives of Family Medicine stated that the more women we test, the greater the proportion of false-positive and ambiguous (indeterminate) test results. (Archives of Family Medicine. Sept/Oct. 2000).

The tests described above are standard HIV tests, the kind promoted in the ads. Their technical name is ELISA or EIA (Enzyme-linked Immunosorbant Assay). They are antibody tests. The tests contain proteins that react with antibodies in your blood.

In the U.S., you’re tested with an ELISA first. If your blood reacts, you’ll be tested again, with another ELISA. Why is the second more accurate than the first? That’s just the protocol. If you have a reaction on the second ELISA, you’ll be confirmed with a third antibody test, called the Western Blot. But that’s here in America. In some countries, one ELISA is all you get.

It is precisely because HIV tests are antibody tests, that they produce so many false-positive results. All antibodies tend to cross-react. We produce antibodies all the time, in response to stress, malnutrition, illness, drug use, vaccination, foods we eat, a cut, a cold, even pregnancy. These antibodies are known to make HIV tests come up as positive.

The medical literature lists dozens of reasons for positive HIV test results: transfusions, transplantation, or pregnancy, autoimmune disorders, malignancies, alcoholic liver disease, or for reasons that are unclear (Archives of Family Medicine, Sept/Oct. 2000).

“[H]uman or technical errors, other viruses and vaccines” (Infectious Disease Clinician of North America 7; 1993)

“[L]iver diseases, parenteral substance abuse, hemodialysis, or vaccinations for hepatitis B, rabies, or influenza” (Archives of Internal Medicine August, 2000).

“[U]npasteurized cows milk Bovine exposure, or cross-reactivity with other human retroviruses” (Transfusion,1988)

Even geography can do it:

Inhabitants of certain regions may have cross-reactive antibodies to local prevalent non-HIV retroviruses (Medicine International 56; 1988).

The same is true for the confirmatory test the Western Blot.

Causes of indeterminate Western Blots include: lymphoma, multiple sclerosis, injection drug use, liver disease, or autoimmune disorders. Also, there appear to be healthy individuals with antibodies that cross-react. (Archives of Internal Medicine, August 2000).

The Western Blot is not used as a screening tool because it yields an unacceptably high percentage of indeterminate results. (Archives of Family Medicine, Sept/Oct 2000)

Pregnancy is consistently listed as a cause of positive test results, even by the test manufacturers. [False positives can be caused by] prior pregnancy, blood transfusions and other potential nonspecific reactions. (Vironostika HIV Test, 2003).

This is significant in Africa, because HIV estimates for African nations are drawn almost exclusively from testing done on groups of pregnant women.

In Zimbabwe this year, the rate of HIV infection among young women decreased remarkably, from 32.5 to 6 percent. A drop of 81% overnight. UNICEF’s Swaziland representative, Dr. Alan Brody, told the press, “The problems is that all the sero-surveillance data came from pregnant women, and estimates for other demographics was based on that.” (PLUS News, August, 2004)

When these pregnant young women are tested, they’re often tested for other illnesses, like syphilis, at the same time. There’s no concern for cross-reactivity or false-positives in this group, and no repeat testing. One ELISA on one girl, and 32.5% of the population is suddenly HIV positive.

The June 20, 2004 Boston Globe reported that “the current estimate of 40 million people living with the AIDS virus worldwide is inflated by 25 percent to 50 percent.”

They pointed out that HIV estimates for entire countries have, for over a decade, been taken from “blood samples from pregnant women at prenatal clinics.”

But it�s not just HIV estimates that are created from testing pregnant women, it�s �AIDS deaths, AIDS orphans, numbers of people needing antiretroviral treatment, and the average life expectancy,� all from that one test.

I�ve certainly never seen this in VH1 ad.

click to enlarge in Wikipedia pageAt present there are about six dozen reasons given in the literature why the tests come up positive. In fact, the medical literature states that there is simply no way of knowing if any HIV test is truly positive or negative:

�[F]alse-positive reactions have been observed with every single HIV-1 protein, recombinant or authentic.� (Clinical Chemistry. 37; 1991). �Thus, it may be impossible to relate an antibody response specifically to HIV-1 infection.� (Medicine International, 1988)

And even if you believe the reaction is not a false positive, �the test does not indicate whether the person currently harbors the virus.� (Science, November, 1999).

The test manufacturers state that after the antibody reaction occurs, the tests have to be �interpreted.� There is no strict or clear definition of HIV positive or negative. There�s just the antibody reaction. The reaction is colored by an enzyme, and read by a machine called a spectrophotometer.

The machine grades the reactions according to their strength (but not specificity), above and below a cut-off. If you test above the cut-off, you�re positive; if you test below it, you�re negative.

So what determines the all-important cut-off? From The CDC�s instructional material: �Establishing the cutoff value to define a positive test result from a negative one is somewhat arbitrary.� (CDC-EIS, �Screening For HIV,� 2003 )

The University of Vermont Medical School agrees: �Where a cutoff is drawn to determine a diagnostic test result may be somewhat arbitrary�.Where would the director of the Blood Bank who is screening donated blood for HIV antibody want to put the cut-off?…Where would an investigator enrolling high-risk patients in a clinical trial for an experimental, potentially toxic antiretroviral draw the cutoff?� (University of Vermont School of Medicine teaching module: Diagnostic Testing for HIV Infection)

A 1995 study comparing four major brands of HIV tests found that they all had different cut-off points, and as a result, gave different test results for the same sample: �[C]ut-off ratios do not correlate for any of the investigated ELISA pairs,� and one test�s cut-off point had �no predictive value� for any other. (INCQS-DSH, Brazil 1995).

I�ve never heard of a person being asked where they would �want to put the cut-off� for determining their HIV test result, or if they felt that testing positive was a �somewhat arbitrary� experience.

In the UK
, if you get through two ELISA tests, you�re positive. In America, you get a third and final test to confirm the first two. The test is called the Western Blot. It uses the same proteins, laid out differently. Same proteins, same nonspecific reactions. But this time it�s read as lines on a page, not a color change. Which lines are HIV positive? That depends on where you are, what lab you�re in and what kit they�re using.

The Mayo Clinic reported that �the Western blot method lacks standardization, is cumbersome, and is subjective in interpretation of banding patterns.� (Mayo Clinic Procedural, 1988)

A 1988 study in the Journal of the American Medical Association reported that 19 different labs, testing one blood sample, got 19 different Western Blot results. (JAMA, 260, 1988)

A 1993 review in Bio/Technology reported that the FDA, the CDC/Department of Defense and the Red Cross all interpret WB�s differently, and further noted, �All the other major USA laboratories for HIV testing have their own criteria.� (Bio/Technology, June 1993)

In the early 1990s, perhaps in response to growing discontent in the medical community with the lack of precision of the tests, Roche Laboratories introduced a new genetic test, called Viral Load, based on a technology called PCR. How good is the new genetic marvel?

An early review of the technology in the 1991 Journal of AIDS reported that �a true positive PCR test cannot be distinguished from a false positive.� (J.AIDS, 1991)

A 1992 study �identified a disturbingly high rate of nonspecific positivity,� saying 18% antibody-negative (under the cut-off) patients tested Viral Load positive. (J. AIDS, 1992)

A 2001 study showed that the tests gave wildly different results from a single blood sample, as well as different results with different test brands. (CDC MMWR, November 16, 2001)

A 2002 African study showed that Viral Load was high in patients who had intestinal worms, but went down when they were treated for the problem. The title of the article really said it all. �Treatment of Intestinal Worms Is Associated With Decreased HIV Plasma Viral Load.� (J.AIDS, September, 2002)

Roche laboratories, the company that manufactures the PCR tests, puts this warning on the label:

�The AMPLICOR HIV-1 MONITOR Test�.is not intended to be used as a screening test for HIV or as a diagnostic test to confirm the presence of HIV infection.�

But that�s exactly how it is used � to convince pregnant mothers to take AZT and Nevirapine and to urge patients to start the drugs.

The medical literature adds something truly astounding to all of this. It says that reason HIV tests are so non-specific and need to be interpreted is because there is �no virologic gold standard� for HIV tests.

The meaning of this statement, from both the medical and social perspective, is profound. The �virologic gold standard� is the isolated virus that the doctors claim to be identifying, indirectly, with the test.

Antibody tests always have some cross-reaction, because antibodies aren�t specific. The way to validate a test is to go find the virus in the patient�s blood.

You take the blood, spin it in a centrifuge, and you end up with millions of little virus particles, which you can easily photograph under a microscope. You can disassemble the virus, measure the weight of its proteins, and map its genetic structure. That�s the virologic gold standard. And for some reason, HIV tests have none.

In 1986, JAMA reported that: �no established standard exists for identifying HTLV-III [HIV] infection in asymptomatic people.� (JAMA. July 18, 1986)

In 1987, the New England Journal of Medicine stated that �The meaning of positive tests will depend on the joint [ELISA/WB] false positive rate. Because we lack a gold standard, we do not know what that rate is now. We cannot know what it will be in a large-scale screening program.� ( Screening for HIV: can we afford the false positive rate?. NEJM. 1987)

Skip ahead to 1996; JAMA again reported: �the diagnosis of HIV infection in infants is particularly difficult because there is no reference or �gold standard� test that determines unequivocally the true infection status of the patient. (JAMA. May, 1996)

In 1997, Abbott laboratories, the world leader in HIV test production stated: �At present there is no recognized standard for establishing the presence or absence of HIV antibody in human blood.� (Abbot Laboratories HIV Elisa Test 1997)

In 2000 the Journal AIDS reported that �2.9% to 12.3%� of women in a study tested positive, �depending on the test used,� but �since there is no established gold standard test, it is unclear which of these two proportions is the best estimate of the real prevalence rate�� (AIDS, 14; 2000).

If we had a virologic gold standard, HIV testing would be easy and accurate. You could spin the patient�s blood in a centrifuge and find the particle. They don�t do this, and they�re saying privately, in the medical journals, that they can�t.

That�s why tests are determined through algorithms � above or below sliding cut-offs; estimated from pregnant girls, then projected and redacted overnight.

By repeating, again and again in the medical literature that there�s no virologic gold standard, the world�s top AIDS researchers are saying that what we�re calling HIV isn�t a single entity, but a collection of cross-reactive proteins and unidentified genetic material.

And we�re suddenly a very long way from the public face of HIV.

But the fact is, you don�t need to test HIV positive to be an AIDS patient. You don�t even have to be sick.

In 1993, the CDC added �Idiopathic CD4 Lymphocytopenia� to the AIDS category. What does it mean? Non-HIV AIDS.

In 1993, the CDC also made �no-illness AIDS� a category. If you tested positive, but weren�t sick, you could be given an AIDS diagnosis. By 1997, the healthy AIDS group accounted for 2/3rds of all U.S. AIDS patients. (That�s also the last year they reported those numbers, CDC Year End Addition, 1997).

In Africa, HIV status is irrelevant. Even if you test negative, you can be called an AIDS patient:

From a study in Ghana: �Our attention is now focused on the considerably large number (59%) of the seronegative (HIV-negative) group who were clinically diagnosed as having AIDS. All the patients had three major signs: weight loss, prolonged diarrhea, and chronic fever.� (Lancet. October,1992)

And from across Africa: �2215 out of 4383 (50.0%) African AIDS patients from Abidjan, Ivory Coast, Lusaka, Zambia, and Kinshasa, Zaire, were HIV-antibody negative. (British Medical Journal, 1991)

Non-HIV AIDS, HIV-negative AIDS, No Virologic Gold standard terms never seen in an HIV ad.
But even if you do test repeatedly positive, the manufacturers say that the risk of an asymptomatic [not sick] person developing AIDS or an AIDS-related condition is not known. (Abbott Laboratories HIV Test, 1997)

If commerce laws were applied equally, the “knowing is beautiful” ads for HIV testing would have to bear a disclaimer, just like cigarettes:

Warning: This test will not tell you if you’re infected with a virus. It may confirm that you are pregnant or have used drugs or alcohol, or that you’ve been vaccinated; that you have a cold, liver disease, arthritis, or are stressed, poor, hungry or tired. Or that you’re African. It will not tell you if you’re going to live or die; in fact, we really don’t know what testing positive, or negative, means at all.

GNN contributor Liam Scheff is an investigative journalist and health advocate who’s been published in the New York Press, LA Citybeat and Boston’s Weekly Dig. His reporting on cell-killing drugs like Nevirapine was recently featured in a BBC documentary.


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