A metadata summary: the Herbalife letters
There were three letters sent by Senator Markey about Herbalife. One went to the SEC, one went to the FTC and one went to Herbalife.
The meta-data for the three letters is different, and sometimes there are subtle differences in the signature block and the resolution at which they are printed. The dates on the letters also change.
For completeness here is the metadata for each letter.
SEC Letter
Markey's site: 1/22/2014, made on a Hewlett Packard MFP
Ackman's site: 1/21/2014, made on a Hewlett Packard MFP
Post's site: 1/23/2014, made on an OmniPage CSDK 18, with the "copier@persq.com" author
FTC Letter
Markey's site: 1/22/2014, made on a Hewlett Packard MFP
Ackman's site: 1/21/2014, made on a Hewlett Packard MFP
Post's site: 1/23/2014, made on an OmniPage CSDK 18, with the "copier@persq.com" author
Herbalife Letter
Markey's site: 1/22/2014, made on a Hewlett Packard MFP
Ackman's site: 1/23/2014, made on an OmniPage CSDK 18
Post's site: 1/23/2014, made on an OmniPage CSDK 18*
* The Ackman and Post files are identical here. No other letters are identical.
I will leave the conclusions to readers.
John
PS. Michelle Celarier now refers to me on Twitter as an abuser. She suggested that I was "full of sh-t" for indicating that the dates were notable.
PPS. There was an enormous put option purchased on Herbalife before the letter was released to the public. This was reported widely but Dealbook at the New York Times is as good a link as any. These options were purchased about a week before any of the dates here. Many people have suggested insider trading based on that Dealbook article. I have my doubts. The British Prime Minister Harold Wilson famously observed that "a week is a long time in politics". I would be very surprised indeed if there were public versions of the letter circulating a week early.