A day in the life of a short seller

What is it like to be a short seller? What is it like to be reviled? What is it like to be feared utterly? It is the most wonderful experience known to man. To give you a glimpse into my wonderful life as a short seller, I give you here a glimpse of what my days look like.

I wake up every morning at 5AM and run 10 miles. I get home and punch a punching bag until my fists are bloody. Each day I pretend it is someone different. Yesterday it was William Telander (of US Windfarming). Today it was Richard Altomare of Universal Express. Tomorrow it will be the despicable Judd Bagley.

My breakfast is the same every morning: oatmeal flavored with ox blood, followed by a banana. I then peruse my favorite blogs before the market opens. There’s Gary Weiss, Herb Greenberg, David Milstead, David Baines, Sam Antar (blah blah blah former CFO of Crazy Eddie’s and convicted felon; okay, we get it Sam, now shut up!), Tracy Coenen, the SEC litigation releases, and the Forbes Informer.

I usually spend my mid-morning tweaking my stock positions. I run a few quantitative screens to search for new stocks to target. I also search all SEC filings for certain phrases that indicate bad companies (such as “Our CEO is a convicted felon who is also a registered sex offender”). I do not stop for lunch. Rather, I grab a few Ks and Qs and a bottle of whiskey and settle down to find weaknesses in the companies I have targeted. Depending upon the companies I am short my midday reading may also include patent applications, scientific articles, and policy papers.

If my energy starts to flag during the day I rip off my shirt, stand in front of the mirror, and shout the following:
“I am a wolf among sheep!”
“I am a master among slaves!”
“I am a god among men!”
“I shall not only destroy my enemies, but I shall annihilate them, wipe them from existence. When I am done they will be gone, forgotten, they will cease to ever have been!”

To really get the blood boiling, I pump my fists and shout, “I am MICHAEL GOODE and I am a SHORT SELLER. I AM ALL POWERFUL! I CANNOT BE STOPPED!” After this motivational interlude I can face the market even if I am down seven digits on the day.

In the afternoon I always call up Patrick Byrne to harass him. I actually get through to him once in awhile. I once pretended I was his father and he believed me for 10 minutes into my diatribe against his conspiracy theories. Late afternoon there are usually more phone calls to many of the big short-selling hedge funds. So far I’ve got a better IRR than Jim Chanos and I like to shove that in his face. He is too much the gentleman to point out that he manages 10,000 times more money than I do. I then call up the Sith Lord, Patrick Byrne’s best friend. I had a bet with him about Overstock.com’s [[ostk]] inventory turns and it looks like he won that.

Sometimes I call up my journalist buddies. I have several journalists on the take, although I do not use their services too often. Anyway, when I focus on truly deplorable companies I have no need of any help. After I am done with phone calls I will usually look up the new financial research (shout out to my buddy Dr. Sloan! Booya!).

By the time I am done with all this it is usually 7pm and I stop for a quick bowl of rice and steamed vegetables. I then settle into my easy chair for another 4 hours of reading financials. And that is a day in the life of a short seller.

Disclosure: If you cannot guess what I should disclose about the above article then I cannot tell you.

Penny Stock Touting Stays in the Family

I came across the following information when investigating my favorite penny stock, Continental Fuels (OTC BB: CFUL). Continental Fuels hired Crosscheck Capital 7 months ago to pump up its stock. It appears that Crosscheck Capital is associated with George Mahfouz Jr., who was previously fined $230,000 by the SEC back in 2000.

I should note that George Mahfouz Jr. is not listed as a member of Crosscheck Capital, but a trust with the name Mahfouz and a Paula Mahfouz are listed as members. Furthermore, there is a Paula Mahfouz who is a member of Crosscheck and who is related to George Mahfouz Jr. (probably his wife, although I am not sure). How do I know she is related? On a shareholder list of Pantheon Technologies back in 2000, the two are listed as shareholders and have the same address (search the 10sb12g form for ‘Paula Mahfouz’ to find this). Considering how few Mahfouz there are in Arizona (23 total according to phone records), and considering the base rate probability of <.001% of any one person being a penny stock promoter, I can conclude beyond a reasonable doubt (but not with certainty) that the Paula Mahfouz of Crosscheck is related to George Mahfouz Jr. and therefore that George Mahfouz Jr. is thus associated (if not directly involved with) Crosscheck Capital.

I should also mention that if Mr. Mahfouz has been actively involved with Crosscheck Capital from its inception in 2004, then he violated his agreement with the SEC that prohibited him from touting microcaps for five years after September 2000. If he has not been actively involved with the business then he has has not violated his agreement or any law. That being said, sending out fliers to hundreds of thousands of unsophisticated investors touting worthless companies and only disclosing a conflict of interest in the fine print is immoral, even though it is legal.

Disclosure: I hate stock pumpers, whether their activities are legal or illegal. I would also like to express my displeasure with the Arizona state agency that deals with businesses: they had no record of Mr. Mahfouz’s previous business, despite an SEC litigation release that stated it was an LLC formed in Arizona. I have no position in CFUL.

When nobody knows how many shares are outstanding

Perhaps one of the most important pieces of information that an investor needs to decide whether a company is fairly valued or not is the number of shares outstanding, particularly the number of fully diluted shares outstanding. With that and the stock price an investor can calculate the market cap of the company and use earnings and book value figures to calculate valuation ratios or run a DCF analyis.

I just ran across one company that evidently does not think that is important information. Cytocore (OTC BB: CYOE) is not unlike many of the other companies that arouse my ire. It is an OTC-traded microcap with little in the way of book value or revenues. I came across it while searching for more companies to short sell (a favorite hobby of mine). What struck me about Cytocore is that the company has not published figures anywhere that reveal the number of shares outstanding and thus the company’s market cap.

Cytocore (which has the least informative website I have ever seen) had 353 million shares outstanding as of its last 10Q, filed on November 12, 2007. The company also had a proxy statement announcing a meeting of stockholders on November 19, 2007 to vote on whether or not to effect a reverse stock split. The proxy did not have an exact proportion for the split, rather it was a range of “not less than one-for-five and not more than one-for-ten”. Since then the company has not announced in any SEC filing the exact proportion of the reverse stock split and the resulting number of shares outstanding or even if the resolution passed. Depending upon what happened, the company could have a market cap of anywhere from $100 million to $1 billion.

While the question of whether to invest is easily answered–the company is overvalued at any market cap–the question of why this company would fail to disclose something so important is difficult to answer. It appears that the company put out a press release, but it never filed an 8k to document the press release (as appears to be required by law). By the way, Cytocore effected a 1 for 10 reverse stock split (as shown in the above-linked press release fragment).

Forbes Informer put out an article that lambasted Cytocore almost a year ago. Unsurprisingly, Cytocore’s ‘investors’ have underperformed the market by 55% since then.

Disclosure: I have no position in CYOE. I have a disclosure policy.

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.

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.

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.

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.