As I was saying about Herbalife
Herbalife Shares Decline on Criminal Inquiry News
Herbalife shares plunged late Friday afternoon after a news report linked the diet supplements company to a criminal investigation.
The Financial Times reported that federal prosecutors and the
F.B.I. were scrutinizing Herbalife, news that ignited a sell-off in Herbalife shares. The stock finished the day down nearly 14 percent at $51.48.
The hedge fund manager William A. Ackman has staked a billion-dollar bet that the company is a pyramid scheme.
But it is unclear whether the F.B.I. investigation has gained much momentum. An official briefed on the matter told The New York Times that the inquiry had continued for several months without Herbalife receiving a subpoena. It is possible, the official said, that the authorities will close the case without taking action against Herbalife.
For its part, Herbalife cast some additional doubt, saying that it was unaware of any criminal inquiry. It would be somewhat unusual for authorities not to contact a company if a monthlong criminal investigation had yielded major breakthroughs.
“We have no knowledge of any ongoing investigation by the D.O.J. or the F.B.I., and we have not received any formal nor informal request for information from either agency,” Herbalife said in a statement. “Herbalife does not intend to make any additional comments regarding this matter unless and until there are material developments.”
The criminal inquiry coincides with civil investigations by the
Securities and Exchange Commission and the Federal Trade Commission. Both regulatory agencies, which face a lower burden of proof than criminal authorities, could fine Herbalife if they conclude its marketing practices amount to a pyramid scheme.
The investigations are focused on Herbalife’s direct-selling business model. The company distributes its diet shakes, supplements and other products through a network of sales representatives.
To show that it is operating within the law, Herbalife might have to demonstrate that it sells a majority of its products outside the sales network to consumers. If authorities conclude that the bulk of Herbalife’s revenue is derived from recruiting rather than sales, then the company could face a regulatory action.
Trading in Herbalife has become something of a blood sport for hedge fund managers and billionaire investors, particularly Mr. Ackman and
Carl C. Icahn. For nearly 18 months, the two wealthy investors have squared off over the company, with Mr. Ackman and his firm, Pershing Square Capital Management, wagering the company is an illegitimate pyramid scheme, and Mr. Icahn betting the company will survive all legal scrutiny.
Mr. Ackman heavily lobbied the S.E.C. and F.T.C. to open an investigation into Herbalife’s marketing practices. He has pledged to take to the fight to the “end of the earth.”
Other hedge fund managers have been in and out of Herbalife shares, even as Mr. Ackman and Mr. Icahn have stood their ground. Last year, the billionaire investor
George Soros and Daniel Loeb, chief of the hedge fund Third Point, made money by betting that Herbalife’s stock price would rise.
Before Mr. Ackman disclosed in December 2012 that his hedge fund had taken a $1 billion short position against Herbalife, James Chanos, one of Wall Street’s best-known short-sellers, had briefly bet on the stock’s decline.
Short sellers make money by borrowing shares and betting a stock price will decline in hopes of purchasing those shares at a lower price and pocketing the difference after they close out their position. The risk for short sellers is that if a stock continues to rise, their potential losses can become so great they have no choice but to exit the stock.
Shares of Herbalife are about $11 above the price the stock was trading at when Mr. Ackman disclosed that he was betting against the company’s fortunes.
http://dealbook.nytimes.com/2014/04...-criminal-inquiry/?_php=true&_type=blogs&_r=0
My newsfeed already looking different