SEC vs. The Stockster

The SEC just won a judgment against Nicholas A. Czuczko of www.thestockster.com. According to the SEC, Czuczko “promoted thinly-traded penny stocks on his Stockster website while he personally planned to sell his shares of the stocks into the rising price spurred by the recommendation.”

Czuczko was forced to disgorge $1.5 million in profits and $120,000 in interest and he was forced to pay a punitive fine of $100,000. While the judgment is to be lauded, the punitive fine is too small. I believe that he should have received a punitive fine that was at least equal to the damages he caused.

While I have little sympathy for Czuczko’s victims due to their greed and idiocy (why would they trust some random guy with a website?), pump and dump scams will continue to proliferate until the SEC gets serious about increasing the punishment to those who mislead investors for their own profit.

Avoid debt-laden companies

In the search of Goode value we must be willing to take necessary risks. We must be willing to bet on struggling companies, sometimes with bad management, sometimes in struggling industries. We must never combine those three, however. Most important of all, we must shun excessive debt like the plague. While I prefer to avoid companies with significant debt, in cases in which the company has consistent earnings and the ability to maintain those earnings (because of strong brands or monopoly status), debt is forgivable.

For companies with tough competition and little competitive advantage, debt is a very, very bad idea. Two great cases in point are Movie Gallery (MOVI) and General Motors (GM). Both companies have historically strong brands and decent business models. They are both extraordinarily cheap. If they had less debt they would be great companies to buy. Saddled with debt, however, they lack the ability to survive their cut-throat industries.

Movie Gallery is a great example of stupid management harming a company. The company’s stock traded as high as $30 in 2005; it now trades at $0.55. Movie Gallery runs a chain of video rental stores. They have historically been profitable. However, early in 2005 the company took on much debt to buy Hollywood Video. The company now has a market cap of $17 million and debt of $1.1 billion. The company’s bankruptcy is imminent. I would argue that the movie rental business is one of the best businesses to be in. People like watching movies, new movies cost a lot to see at movie theaters, and the competition (satellite and cable movies on demand) are not that great.

While Netflix (NFLX) has made it harder for bricks and mortar stores, I feel its impact has been drastically over-rated. I subscribe to the Netflix service, but there are plenty of people who do not. A bricks and mortar store can do good business because those that rent more infrequently will never subscribe to a Netflix-type service. Therefore, I think that Movie Gallery’s two chains, Movie Gallery and Hollywood Video, will still be around in one form or another fifteen years from now. The problem is that the debt of the current company will prevent it from responding to challenges. Bankruptcy is therefore almost certain

General Motors faces much the same problem. Unfortunately for the careless investor, their full debt his hidden in details in their financial statements about their union contracts and the number of retirees for whom they provide pensions. Some have estimated that GM will have to pay out over $70 billion in pensions and health care benefits to its current and future retirees. For a company that has consistently lost a few billion dollars per year over the last few years, this is a problem. In addition to its debt, GM has too many brands, too much production capacity, an unfavorable union contract, and shrinking sales. Without such a sizable debt, GM would stand a chance of restructuring and saving its stockholders. As it stands, it has no room to maneuver. Unless it can become highly profitable within a year or at most two years, it will go bankrupt.

So does debt matter for stock returns? Yes, at least according to this study (scroll down on the page to which I link to download the PDF). While the data are from the UK, the results are logical and should apply in the USA as well. While the correlation of debt ratio with stock returns is lower than the correlation of P/E with stock returns, there is still a definite negative correlation: the stock of those companies with the least debt did the best. The 30% of companies with the lowest debt showed a consistent advantage over those with higher debt. Those companies had leverage ratios of under 20%, meaning that total debt represented less than 20% of enterprise value. For comparison, MOVI has a leverage ratio of 99%, while GM has a leverage ratio of 96%.

Disclosure: I have no interest in any company mentioned. Since I wrote this article last spring both GM and MOVI have seen their stocks decline. MOVI looks like it is about to enter bankruptcy. I have a disclosure policy.

Welcome to the Remote MDX Bashing Party, Andrew

Andrew Left of Citron Research posted an article slamming Remote MDX (OTC BB: RMDX) back on December 4th. He got a decent amount of attention for it, too. Yet he is a little late to the party: I have been on that company’s case since August 20. See my two posts from that date on why Remote MDX is a horrible company and an incredibly bad investment.

Andrew did find out some information I had missed, but he missed the fact that Remote MDX does not even wholly own their ‘wholly-owned subsidiary’ SecureAlert. They only own 80% (see my previous articles for more information).

Left probably ran across my articles when researching his, so I would have appreciated a bit of credit for doing prior research on the company. If he did not see my articles, then he should probably start reading my blog. Another reason he should read my blog: almost one third of the visits to my blog have been for people searching for information on Mr. Left.

See my posts about Left:
Can You Trust the StockLemon: Part 1
Can You Trust the StockLemon: Part 2
Can You Trust the StockLemon: Part 3
Can You Trust the StockLemon: Part 4

Disclosure: I am short RMDX. I have a disclosure policy. I would have posted this sooner, but I re-balanced my position in RMDX just after Left’s piece came out and I thus had to wait a week to publish this.

You can be an activist investor

TSR Inc. [[tsri]] just announced a stock buyback of about 6.7% of its shares outstanding. This may come as a surprise to some investors. It is not a surprise to me, however. I was the one who recommended it, in a letter (pdf) that I sent to TSR directors back in late June 2007. TSR is a tiny computer staffing firm with a highly under-leveraged balance sheet (they have a lot of cash).

Did my actions directly cause the stock buyback? Probably not. The directors were not afraid of an investor with less than 0.5% of the shares outstanding in his possession. But it certainly did not hurt that I wrote and suggested that the company buy back stock (for a good reason, I might add). Perhaps that was just the push the directors needed to get them thinking about ways to deal with TSR’s cash hoard.

Perhaps TSR will take my other advice and declassify its board of directors. If not, I may not just sit back and wait. I might even try to get that on the next proxy ballot myself.

If you are too lazy to read my letter, here is my strongest reason for a buyback (which would reduce the company’s cash): “We of course do not need an academic study to prove the obvious point that the key driver of shareholder value is the ability of the company to provide a return on investment. A 5% yield in treasury securities that comprise the majority of a company’s equity is ipso facto inadequate for any corporation.”

Disclosure: I am long TSRI. I have a disclosure policy that generally does nothing until an unhappy reader writes it a letter.

Moving Markets in Microcaps

Sometimes a large investor makes their presence known and it becomes fairly obvious who is causing a stock to move. This is particularly true in microcaps. So when the price of Noble Roman’s (OTC BB: NROM) stock jumped up 46% a week ago, it was not too hard to figure out that it was largely because of one large individual investor buying a chunk (although my initial guess was completely wrong). How do I know? He just filed a form 13G with the SEC, indicating that he now owns 10% of Noble Roman’s.

That buyer was none other than Robert P. Stiller, chairman of the board of Green Mountain Coffee [[gmcr]] (and for those old hippies out there, founder of E-Z Wider). Bob has owned the stock of Noble Roman’s since early in the spring of 2007. See his 13G filing on March 6, 2007, where he stated that he owns 1,000,000 shares. He increased that earlier this month to just under 2,000,000 shares. Green Mountain has a $900 million market cap. What does Bob want with a $40 million pizza company? And should anybody follow his example? That is the $4 million dollar question (for Bob at least).

So far, Bob has not done well on his Noble Roman’s investment. His average price on the earlier purchases in February and March 2007 was probably around $4.15. At a recent stock price of $2.40, he has lost 43%.

Microcaps will often see random individuals that buy large stakes. Sometimes the large investors are right, sometimes not. In this case, like with others, only time will tell.

Disclosure: I am short NROM. I have a disclosure policy.

Citigroup’s $49 billion ‘mistake’

If something looks like a duck and acts like a duck, especially if it quacks like a duck, then it is almost certainly a duck. If something looks like an asset and acts like an asset, than it should be treated as an asset and put on the balance sheet of the company that owns it. What is ownership of an asset? Ownership implies control and the ability to profit from an asset. In terms of consolidated subsidiaries on audited balance sheets, ownership implies the ability to suffer losses from the asset. Recent credit market problems have revealed hundreds of billions of owned assets and related liabilities that banks such as Citigroup [[c]] and insurance companies such as AIG [[aig]] kept off their balance sheets. This was in clear violation of the spirit (if not the letter) of GAAP. Simply put, these companies fooled their investors by skirting the intent of GAAP while remaining true to the letter of the GAAP rule on consolidation of special purpose entities. One clear result: Citigroup finally consolidated $49 billion of SIVs that supposedly it never owned and did not deign to put on its balance sheet.

Anatomy of a Structured Investment Vehicle (SIV)

A SIV has one purpose: interest rate arbitrage. Via financial voodoo and certain guarantees that a SIV usually obtains from its sponsoring institution (aka owner), SIVs can borrow money at extremely low rates, such as LIBOR. After borrowing a ton of money at or near LIBOR, a SIV will then buy various securities that yield more than LIBOR. The interest rate spread is split between the nominal owner of the SIV and the sponsor or real owner (such as Citigroup). SIVs usually have very little equity and are levered greater than 10x and up to 14x. That means that for every $1 of equity in the SIV (provided partially by the sponsoring institution and partially by various investors), the SIV can have $10 of assets and $10 of debt. This leverage is in itself dangerous, but is not much different from the leverage inherent in all banks. However, SIVs are structurally insolvent, as they owe short term debt but own long-term debt assets. They rely upon the short-term commercial paper market to sell their debt. Their assets are long-term debt such as CMBS, RMBS, CDOs, along with plain-vanilla corporate debt.

For more information on SIVs, I suggest the excellent article on them by Randy Kirk on SeekingAlpha. The problem with the SIVs is that to get their high credit ratings, without which they would have been unprofitable, they required backstop funding agreements from their bank sponsors. So Citigroup, for example, agreed to provide up to $10 billion in backup funding to its $49 billion worth of SIVs if they could not sell their debt. This meant that if trouble came, Citigroup would be on the hook for $10 billion (most of which it lent to its SIVs a couple months ago). If times got really bad, the SIV could become completely insolvent and it is theoretically possible that Citigroup could have lost the entire $10 billion. Yet despite this risk (which I will admit was remote), Citigroup did not consolidate the SIV on its balance sheet as it should have done. Its Tier 1 capital ratio was artificially inflated (duping banking regulators), its investors were left in the dark, and it earned essentially free money from the SIV that artificially pumped up its ROA and ROE.

This is one case where GAAP fails and IFRS did a much better job. GAAP consolidation rules need to be quickly amended to prevent future shenanigans of this sort.

Disclosure: I have no direct interest in any stock mentioned. My disclosure policy has a 0% debt to total capital ratio.

Noble Roman’s Double Talk

A good executive knows when to take the blame: when his or her management or lack thereof causes a serious problem. Bad executives like to find scapegoats. That is exactly what Paul Mobley of Noble Roman’s (OTC BB: NROM) did in an article with Daniel Lee of the Indianapolis Star (see also the reader comments on the article). In describing the company’s expansion troubles, he placed blame for failed franchises fully on the franchisees, claiming that “Some of the franchises we sold didn’t have very much business or being-your-own-boss experience.” His comments make it seem like he was surprised. He should not be surprised: what does he expect when Noble Roman’s has such low requirements for franchisees? People who probably shouldn’t be franchisees (or who would need lots of help and training to succeed) choose Noble Roman’s over other franchisers solely because its fees are lower. Noble Roman’s then fails to provide proper support and training and the franchisees fail.

With about 1,000 franchisees, one would think that Noble Roman’s has some idea how to select and train franchisees. It is incredibly easy to select only experienced and well-financed franchisees. But Noble Roman’s executives do not appear to care about the success of their franchisees or even about the ultimate success of the company. All they seem to care about is “growing” as quickly as possible, even if most of the company’s growth is not real (over the last year, 90 Noble Roman’s franchisees opened, but 38 franchisees closed). (Noble Roman’s franchise closure rate of about 3.7% is fully one percentage point higher than the industry average of 2.7%.) And if Noble Roman’s were to be more selective and were to take the time to train its franchisees, it would not be quite so exciting as a “growth” company. Of course, to anyone who has looked at the company’s financial statements and seen how 24% of the company’s royalties are from one-time initial franchise or area developer fees, it is obvious that Noble Roman’s is not a growth company (number from the most recent 10Q).

Potential franchisees would do well to keep this in mind and avoid companies like Noble Roman’s whose sole selling point is their low franchise fees and requirements.

Disclosure: I am short NROM. I have a disclosure policy that has been franchised successfully in 87 galaxies.

An amusing disclaimer

I found the following on the Yahoo! stock message boards. It is the disclaimer of JohnBravo48. I find it to be an amusing and appropriate disclaimer (although it is quite ungrammatical).

The statements, re-statements and mis-statements contained in this message are based on, including but not limited to, the beliefs as well as assumptions and estimates made by and from information including, but not limited to publicly available and actual results in the future may differ materially from those projected anywhere due to risks and uncertainties that exist in the business environment including, but not limited to: the success of the company’s business initiatives and strategies, personal hygiene, competitive factors and pricing pressures, shifts in market demand, general economic and atmospheric conditions and other factors, including (but not limited to) changes in mental acuity, demand for the company’s products or franchises, the bankruptcy and failure of individual franchisees and the impact of competitors’ actions. Should one or more of these risks or uncertainties, including (but not limited to) everything reasonably or unreasonably imaginable, adversely affect the company or should underlying assumptions, suggestions, nuance or estimates prove incorrect, somewhat correct, or almost correct, actual results may vary materially from, including (but not limited to), those described, postulated or coagulated herein as anticipated, believed, estimated, expected or intended.

Disclosure: I have a disclosure policy too, but it is boring.

Who is on the other side of the trade?

In every stock trade there is a buyer and a seller. Outside of those trades motivated by tax planning, overall portfolio issues (e.g., meeting margin calls), and other reasons not related to the stock being traded, either the buyer or the seller will have turned out to make a better choice. Every gain comes at the expense of someone who misses out on the gain. On average, everyone earns the market return (unless they short, in which case they lose the market return). But beating the market (which is what every stockpicker aims for) is a zero-sum game.

Chess and fisticuffs are other examples of zero sum games. In both cases, the market return (or, more accurately, the expected return) is zero. The average chess player will win half the time and lose half the time. Imagine that you are playing a chess tourney for big money. Further, imagine that you have no clue whether you will face Gary Kasparov or a guy who learned to play a week ago. Would you expect to win the tourney or even to do well? No, because you will likely run up against some very talented players quickly. If you do well, it will be due to luck alone.

The stock market (and other financial markets) are like this chess tournament. You have no clue who you are up against, but it is likely that you will face very skilled opponents. Think about who might be selling when you are buying, such as a hedge fund manager or short seller or company executive. If that scares you, perhaps you should be in index funds. If that doesn’t scare you, it still makes sense to be invested in index funds.

I learned this the hard way a year ago. Now, most of my money is in index funds.

Meeting the woman who sold me my stock

About a year ago I wrote a recommendation of Building Materials Holding Co. [[blg]] for my investment club. The report found its way into the hands of a hedge fund manager who was shorting the stock. Eight months later, when we met, she showed me my report with her notes made eight months earlier. She had noted that the company should be selling for 40% less than its price then of $24. It had fallen to $13, exactly her target price. It is now 50% lower than that price. Needless to say, she was smarter than I was from day one and she turned out to be right.

Generally, it pays not to be on the other side of the trade from someone who is very smart. So if insiders are buying, it is generally profitable to invest with them. If they are selling a lot, it is generally a good idea to follow their lead. Buying alongside activist hedge-fund managers can also be profitable, though less so than following the move of company executives.

Knowing who is on the other side of the trade is one of the reason I like short selling penny stocks. I can usually be confident that the buyer of the stock I sell is naive and greedy. Those two characteristics do not make for smart investing.

Disclosure: I thankfully no longer own BLG.

I answer the questions my readers’ searches pose, Part II

Q: Is NNRI very undervalued?
A: Ha ha ha ha. Seriously, what is wrong with you? What could be undervalued about a little over-hyped penny stock with no assets, no sales, sketchy management, and a $66 million market cap?

Q: Are there problems with technical analysis?
A: Yes. It doesn’t work. Actually, I have to qualify that: there is some evidence that momentum exists, such that companies near their 52-week highs (or lows) tend to outperform (or underperform). However, complicated technical analysis is worse than useless.

Q: I want to invest in YTBLA.
A: I mourn for your net worth, which shall soon fall.

Q: Why is YTBLA’s stock price declining?
A: Because the company’s business is nothing more than a pyramid scheme that shall soon fall apart.

Q: I want to find a blog on cheap stock under $2.
A: Um, just because a share price is cheap does not mean anything. That is like saying that a 14″ diameter pizza cut into 100 slices is bigger than one that is cut into 4 slices. What matters is the stock price in relation to earnings per share, book value per share, and cash flow per share.

Q: Who are some famous short sellers?
A: Jim Chanos is probably the most famous. Jesse Livermore made money both long and short back in the day. Manuel Asensio achieved some prominence. Andrew Left of Citron Research is a prominent short seller of microcaps. I will soon join the ranks of famous short sellers.

Q: Are hedge funds an Illuminati scam?
A: Yes. I work directly for the core council of the Illuminati, so I would know. We also control all short selling activity, the UN, all major governments, and just about every union and company. The only major entity not controlled by the Illuminati is Rupert Murdoch’s News Corp. Of course, he has his own issues.

Q: Who are Krispy Kreme Short sellers?
A: They are smart people. I almost shorted Krispy Kreme [[kkd]]. I didn’t and I missed out on making a lot of money. C’est la vie. My hunch is that Krispy Kreme will go bankrupt within the next two years. I am not willing to bet money on that, though.

Q: What about Continental Fuels Inc?
A: It continues its slow slide into irrelevance. That is the usual occurrence after a penny stock is pumped (that was last April and May in this case). The company’s stock price has fallen by 60% since I last called it way overvalued and over 90% from its peak.

Q: Is the SEC investigating Continental Fuels (OTC BB: CFUL)?
A: No. I previously contacted the SEC’s enforcement division about the company’s promotion of its stock at the same time it valued its stock at 1% of the market price in certain debt conversion transactions. The enforcement division never followed up on this activity. I guess people like Martha Stewart are a lot more dangerous than pump-and-dump schemes that bankrupt the gullible.

Q: Is it true that you cannot short sell OTC BB stocks?
A: No. It is just that most brokers do not allow it. I am aware of only a couple that do allow it. Also, for stocks priced below $2.50, there is negative leverage involved in short selling. A short seller needs $2.50 in cash for every share sold short (even if the shares are $0.50). This is why many OTC stocks maintain absurd market caps: their low share prices prevent short sellers as a practical matter from selling them short.

Disclosure: I have no interest in any company mentioned above. I have a disclosure policy.