Arbitrage Strategy, Part III, One Lever, Four Actions
Whether investors choose to sue producer officers and directors for willful misconduct or negligence will be decided by those with greater authority than I. Leverage lies with those who have witnessed decades of poor producer performance. The current situation was predictable, inevitable, and widely discussed by People, Ideas & Objects, making it nearly impossible for officers and directors to claim ignorance—they had to willfully ignore the warning signs.
Today, leverage rests with investors eager to reengage with oil and gas. The status quo leadership, responsible for these issues, will never address them. Acknowledging the problems would demand they admit their culpability.
Investor Actions
First-quarter 2025 reports confirm production declines in over half of our sampled producers, a direct result of their reckless destruction of the service industry, now operating at 30% of its pre-2015 capacity. Their “muddle through” strategy—relying on misinformation, blame-shifting, and scapegoating—yields no progress, only mounting challenges. Under current leadership, the industry is locked in a decades-long culture of decline that will devour any reform attempt. This culture must be abandoned decisively, replaced with People, Ideas & Objects’ vision of reservoir preservation, performance, and profitability.
Decades of leniency have been granted to these leaders, yet the industry continues its downward spiral. Oil and gas are no longer commodities to be taken lightly—our economic and political future hinges on energy independence, or even dominance. Consolidation, a misstep that maintains inflated asset values through dilutive share swaps, is the wrong path.
The investment community must now lead, using this arbitrage strategy to transfer the industry to new hands. By accelerating property sales, “new” investors can rebuild oil and gas under a culture of reservoir preservation, performance, and profitability, as outlined in the Preliminary Specification. The investment community’s objective, unrelenting guidance is essential to wrest control from self-serving officers and directors. The industry’s scientific brilliance and innovation must drive competitive differentiation, enabling dynamic, innovative, accountable, and profitable producers to compete fairly on North American capital markets.
Investors now hold absolute leverage due to officers and directors’ failure to act, breaching their fiduciary duties and exposing themselves to personal financial liability. This leverage can drive the necessary business transformation. The time for action is now—we all share a duty to avert further consequences. North American consumers will soon demand accountability, and the fallout will be severe for those unprepared.
Industry Leadership Actions
Since the early 2000s, I have built a personal knowledge management system inspired by Nobel Prize winner Herbert A. Simon’s insight:In an information-rich world, the wealth of information means a dearth of something else: a scarcity of whatever it is that information consumes. What information consumes is rather obvious: it consumes the attention of its recipients. Hence a wealth of information creates a poverty of attention.
(Simon, H. A., 1971, Designing organizations for an information-rich world, in Computers, Communications, and the Public Interest, pp. 40–41, The Johns Hopkins Press).
A bold thought, a desperate thought, a thought to raise a man up: how could things be changed so that instead of us running from them, they would run from us? Once the question was put, once a certain number of people had thought of it and put it into words, and a certain number had listened to them, the age of escapes was over. The age of rebellion had begun.
1. The clearest parallel is found in another section of Solzhenitsyn, where an ordinary act of refusal—"I’m not going"—becomes contagious and tips the balance from acquiescence to collective resistance. As others join in and refuse to let the authorities take a fellow prisoner, the captors realize that they can no longer operate with impunity. Solzhenitsyn writes that "[w]e were thousands! that we were... politicals! that we could resist!" The passage concludes with a sense of the revolution gathering strength and the "wind that seemed to have subsided... sprung up again in a hurricane to fill our eager lungs"—a quintessential image of the transition from escape and resignation to rebellion and collective power.Leadership from those specified above know it’s time.
2. Another powerful conceptual sibling is from John Locke, where resistance to tyranny is reframed: "those who justly resist are not the rebels; rather the rebels are those who are justly resisted." The doctrine of just resistance, rather than promoting rebellion, acts as the "best fence against rebellion" because it reminds rulers not to test the people’s tolerance for injustice. This passage carries the idea of a conceptual switch—of the moment when individuals and groups see that the real disturbance is not in resisting but in allowing unchecked authority.The true rebels are not us but the small cadre of officers and directors who have exploited the system for personal gain. They hold the responsibility, accountability, and resources to lead the industry, not to enrich themselves. The status quo offers no viable future. Investors must act decisively, sending an unmistakable signal for reform, as further delays will deepen and prolong our challenges.
3. In Kissinger’s World Order, revolutions are described as erupting "when a variety of often different resentments merge to assault an unsuspecting regime." The broader the coalition, the greater the transformative potential—the parallel here is in the gathering of thought and will, when isolated individuals suddenly see themselves as part of something larger, and revolutionary change becomes possible rather than impossible.In an us vs. them, they are the small cadre of officers and directors who hold the responsibility, accountability and resources to lead the industry, not to fuel their personal empire.
4. In Thomas Schelling’s analysis of "spontaneous" revolt, he notes that when tyranny is effective in making examples of leaders (thus exacting a price for resistance), people will not move until "a signal so unmistakably comprehensible and so potent in its suggestion for action" is received. Once that threshold is crossed, and the potential for mutual support is clear, "spontaneous" collective rebellion becomes possible.I believe that day is today. If left too much longer our difficulties become more profound and protracted. Investors must send "a signal so unmistakably comprehensible and so potent in its suggestion for action" that there is no ambiguity.
5. Victor Davis Hanson discusses the concept of the "counter-revolution," a moment when the "madness" of a revolutionary situation reaches its limits and a critical mass seeks to restore normalcy. This is an explicit call to collective change, where individuals stop running and attempt to reverse the tide.How many more chances will current leadership receive? How can we justify inaction when the need for change is clear? The industry’s trajectory under these officers and directors risks an existential crisis for oil and gas, threatening North America’s economic and political stability. Investors must leverage their authority to drive a mental shift toward action, using the Preliminary Specification’s vision of reservoir preservation, performance, and profitability as the foundation for rebuilding.
6. In the podcast Back to the People, the idea that "doing the right thing... puts the biggest target on your back and they will hunt you" directly echoes the existential risk and courage required to move from compliance or flight to standing one’s ground—even in the face of extreme danger. The passage details the necessity and inevitability of taking a stand, at great personal cost, when confronted with injustice.My journey advocating for industry reform has taught me that ideas have consequences. The Preliminary Specification challenges entrenched norms. Is it enough to catalyze the investment community’s resolve? If left unaddressed, the industry’s decline could redefine “crisis” in catastrophic terms.
7. A different but related angle is found in Changemaking and overcoming resistance: Travis Kalanick asserts that "to overcome resistance to change, build trust with those you are asking to change." The notion here is about overcoming a culture of passivity or hostility—transforming fear and inertia into coordinated change, which echoes Solzhenitsyn's theme of the mental shift that precedes action.Just as Solzhenitsyn described a turning point where courage reaches critical mass, we stand at a crossroads. Investors and new leadership must seize this moment to confront the status quo, shift from resignation to action, and rebuild the industry. History turns on such moments—let this be ours.
8. Lastly, in another highlight from Kissinger's World Order, it's observed that "[t]he grave conditions described here must, in the end, provide the impetus for societies to insist on meaningful leadership... greatness in history resides in the refusal to abdicate to vast impersonal forces," echoing the idea that history turns when people stop fleeing and instead face their challenges head-on.Each of these passages encapsulates—like Solzhenitsyn’s—those pivotal moments where thought and courage reach critical mass and the balance shifts from submission to confrontation, resignation to rebellion, and thus, where history turns.
In Summary, Investors Have One Lever - Four Actions
Our strategy relies on the following understanding. Producer officers and directors can be incentivized to facilitate their companies’ liquidation to reduce their personal liability and preserve Directors & Officers (D&O) Insurance coverage. Investors are able to enact the Arbitrage Strategy by doing the following.- Acquisition of conventional and unconventional reserves at ultra low commodity prices.
- Ultimately realizing both price and reclassification increases in reserves valuations.
- Obtaining profitable operations through a reorganized and Preliminary Specification enabledindustry.
- Producers can be directed to distribute special dividends of the proceeds from property sales to assist their investors in funding their acquisitions.
- Enable People, Ideas & Objects reservoir preservation, performance and profitability culture. “New” investors purchase, and direct “old” producers to acquire Profitable Production Rights. People, Ideas & Objects method in which to fund the Preliminary Specification.
- Producer officers and directors are motivated to participate in their liquidation to mitigate their liability and maintain D&O Insurance Coverage.
- Indirectly stimulating the “new” producers leadership market to initiate action in creating dynamic, innovative, accountable and profitable oil & gas producers.