Author: Anthonette Clerigo

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Article: Harnessing Social Media for Crisis Management: Lessons following recent events involving short seller allegations

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Harnessing Social Media for Crisis Management: Lessons following recent events involving short seller allegations

McCarthy Tétrault LLP, 22 December 2015

In October, 2015, short-sellers attacked three Canadian public companies: Valeant Pharmaceuticals International, Inc., DH Corporation and Nobilis Health Corp. All three companies refuted the short sellers’ allegations in traditional media. We suggest below that these companies could have also used social media to get their side of the story out. In our view, there was a potential opportunity to further influence market sentiment about allegations that had already negatively impacted secondary market trading.
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Article: Intertain Group Limited Statement on Spruce Point Capital Report

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Intertain Group Limited Statement on Spruce Point Capital Report

Marketwired, 18 December 2015

The Intertain Group Limited (“Intertain” or the “Company”) (IT.TO) today issued a statement to address what it considers to be a misleading and self-serving report that was published on December 17, 2015 by a self-identified short-seller of the Company’s common shares, Spruce Point Capital Management LLC (the “Fund”). Intertain stands behind the integrity of the Company’s public disclosures.

The Fund’s report reveals that the Fund and its affiliates had built a short position in Intertain’s common shares prior to the publication of the Fund’s December 17, 2015 report and therefore stand to realize significant gains in the event that the price of the Company’s stock declines.

Intertain has established a committee of non-management directors to closely review the allegations contained within the Fund’s report. Following that review, the Company will take any and all actions necessary and appropriate to protect the interests of the Company and its shareholders.
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Article: Bran Cornelisse’s Sohn London Presentation: Long First Group, Short Student Transportation

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Bran Cornelisse’s Sohn London Presentation: Long First Group, Short Student Transportation

TYLER DURDEN, 07 December 2015

We’re posting up notes from the Sohn London Investment Conference 2015. Next up is Bran Cornelisse of Farringdon Capital who pitched a pair trade involving two bus companies. Bran Cornelisse’s Sohn London Presentation 2015. Short Student Transportation Inc (TSE: STB): Student Transport is a Canadian school bus company. It owns about 12,000 buses. STB appears to have good growth and pays a very large 10.7% dividend.

Read more: https://www.marketfolly.com/2015/12/bran-cornelisses-sohn-london.html#ixzz6nrBNk2Li
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Article: Fighting back against DH Corp short sellers

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Fighting back against DH Corp short sellers

Jonathan Ratner, 28 October 2015

Financial services firm DH Corp. is the latest Canadian company to come under attack from short sellers. The stock fell sharply on Monday after hedge fund Lawton Park Capital Management accused DH (formerly Davis + Henderson Corp.) of masking weakening performance with “desperate M&A and accounting tricks.”

DH has recovered some of those losses since, but Graham Ryding at TD Securities still sees a very attractive entry point given its current valuation. “The market reaction to short-seller concerns is misplaced,” the analyst told clients, raising his rating on DH to action list buy from buy.

Ryding also maintained a $47 price target on the stock, which represents upside of about 35 per cent, noting that his conviction in the company’s growth outlook and fundamentals is intact. DH management released its third-quarter results early in order to respond to issues raised by Lawton Park.
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Article: DH stock hit hard by offensive from U.S. short seller

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DH stock hit hard by offensive from U.S. short seller

TIM SHUFELT, 27 October 2015

For the second time in a week, a U.S. short-seller has launched an offensive against a large Canadian company, triggering a surge in pessimism and a deep stock sell-off.

On Monday, shares of DH Corp., the financial services firm formerly named Davis + Henderson, swiftly fell in response to a bearish call by a little-known U.S. hedge fund. Over two trading days, the stock fell by as much as 25 per cent as the company fought to dispel the allegations.

A similar frenzy has gripped Valeant Pharmaceuticals International Inc.’s stock over the past week, after a report called the Canadian-listed company a potential “pharmaceutical Enron.” The two episodes could set precedents for U.S. short-sellers willing to stalk ever bigger game, said Jason Donville, chief executive of Toronto-based Donville Kent Asset Management, which owns Valeant shares.

“To trigger a panic on a stock is now relatively easy. If they can just get the ball rolling, it can go a long way down,” he said. “We’ve seen the playbook.”
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Article: DH Corp. defends accounting practices, calls hedge fund report ‘misleading’

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DH Corp. defends accounting practices, calls hedge fund report ‘misleading’

Alexandra Posadzki, 27 October 2015

TORONTO – Financial technology company DH Corp. is defending itself against what it calls a “false and misleading” report from a hedge fund that casts doubts on its growth prospects and past performance. The report by Lawton Park Capital Management alleges the Toronto-based company (TSX:DH) is making “desperate” acquisitions and playing “accounting games” in order to obscure its dwindling performance. The report takes issue with DH’s approach to accounting for its revenue and alleges that “numerous” insiders of the company have been selling their shares, which could indicate trouble brewing that the public isn’t aware of.

DH released its quarterly earnings report earlier than planned and bumped up its conference call to discuss its results, originally slated for Wednesday, to Tuesday morning in order to address the allegations. The company, formerly known as Davis + Henderson in the days when it was primarily known for printing and supplying paper cheques for Canada’s big banks, says investors should rely on its public filings and not the analyst report. DH’s chief financial officer Karen Weaver said the company follows “disciplined accounting practices” that are in accordance with the International Financial Reporting Standards.
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Article: Fraud allegations against short-seller dismissed in Silvercorp case

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Fraud allegations against short-seller dismissed in Silvercorp case

KEITH BEDFORD, 14 May 2015

A Canadian securities panel has dismissed fraud allegations against short-seller Jon Carnes, who was accused of manipulating Silvercorp Metals Inc.’s stock. The dismissal by the British Columbia Securities Commission panel is the latest twist in a prolonged affair that saw Silvercorp stock drop 90 per cent, landed a Canadian researcher in a Chinese jail and put Mr. Carnes through a lengthy regulatory battle. In 2013, staff at the B.C. securities regulator accused Mr. Carnes of committing fraud when he anonymously wrote negative reports about Silvercorp while building his short position in the Vancouver-based mining company.
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Article: Class Action Lawsuit Filed Against Nymox Pharmaceutical Corporation and Paul Averback by Law Offices Bernard M. Gross, P.C. — NYMX

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Class Action Lawsuit Filed Against Nymox Pharmaceutical Corporation and Paul Averback by Law Offices Bernard M. Gross, P.C. — NYMX

GLOBE NEWSWIRE, 25 November 2014

The lawsuit filed against the Company and Paul Averback, the president, director and chairman of the Company, alleges violations of the federal securities laws based on their failure to disclose material information affecting the Phase 3 clinical trials for NYMOX’s proprietary drug NX-1207 for the treatment of benign prostatic hyperplasia (BPH). NYMOX is engaged in the research and development of therapeutics and diagnostics, with an emphasis on the products for the unmet needs of the aging population. NX-1207 showed positive results for the treatment of BPH in Phase 1 and Phase 2 clinical trials in the U.S. The Company regularly provided positive updates on the Phase 3 clinical trials. However, in a surprise to the market, and contrary to the positive statement concerning the NX02-0017 and NX02-0018 trials, defendants disclosed on November 2, 2014 that the Company’s two Phase 3 U.S. studies of NX-1207 had to be halted because the drug failed to meets its primary endpoints for efficacy. On November 3, 2014, defendants held a conference call with analysts to explain the failure and on that conference call disclosed to the market for the first time, among other things, the difficulties they faced in enrolling men for the trials and the subjective nature of the measurement of the drug’s success. The market’s reaction was immediate and dramatic as the price of NYMOX common stock fell 82% to close at $.93 on unprecedented trading volume of 19.6 million shares. The Company’s U.S. BPH program is currently on hold, pending further evaluation of data.
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Article: The Rosen Law Firm Announces Investigation of Securities Fraud Claims Against iBio, Inc. – IBIO

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The Rosen Law Firm Announces Investigation of Securities Fraud Claims Against iBio, Inc. – IBIO

Business Wire, 24 October 2014

The Rosen Law Firm, P.A. announces that it is investigating potential securities fraud claims against iBio, Inc. (NYSE: IBIO).

On October 9, 2014, the Washington Post reported that the manufacturer of the experimental Ebola drug ZMapp was seeking additional production capacity from Caliber Biotherapeutics (“Caliber”). On October 16, 2014, iBio issued a press release titled “iBio Responds to Inquiries About its Role in Emergency Response to Ebola Virus Disease Outbreak”, which (among other things) “confirmed [] the applicability of its issued U.S. iBio Launch platform patents and related proprietary technology to further development and production of antibodies that target the Ebola virus” and that it had been working with Caliber. iBio further “offered to assist the U.S. government by making its proprietary technology available [to] address the current Ebola virus outbreak”.
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Article: The Truth Hidden by IBM’s Buybacks

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The Truth Hidden by IBM’s Buybacks

ANDREW ROSS SORKIN, 20 October 2014

For many years, the International Business Machines Corporation’s earnings glided smoothly upward. Every quarter, IBM would report higher earnings per share. Even Warren Buffett invested in the company, disregarding his long-held aversion to technology companies as too challenging to forecast.

Virginia M. Rometty, IBM’s chief executive — and recently anointed the most powerful woman in business by Fortune magazine — has talked a good game about focusing on “shareholder value.” For the first several years of her tenure, she managed to prop up the stock by buying back shares by the cartload. In the first six months of this year, the company spent more than $12 billion — that’s billion with a “b” — on its own shares. She’s also been sending shareholders thank-you presents in the form of large dividends.
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Article: Canada watchdog accuses Silvercorp short seller of fraud

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Canada watchdog accuses Silvercorp short seller of fraud

Cecilia Jamasmie, 20 December 2013

Canada’s British Columbia’s provincial securities regulator has accused hedge fund manager Jon Richard Carnes of fraud committed by writing a false negative report in 2011 about Silvercorp Metals Inc. (TSX, NYSE: SVM) to profit from its falling share price. According to BC Securities Commission, Carnes —who operates the Alfred Little financial blog— began writing negative reports about companies that traded on a North American exchange and operated in China in 2010. The body alleges he sought to profit from his negative reports by shorting—or betting against—the issuer’s securities before publishing the reports, and then covering his short position after the share price dropped in response.
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Article: Canada Regulator Accuses Silvercorp Short Seller of Fraud

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Canada Regulator Accuses Silvercorp Short Seller of Fraud

Karen Johnson, 19 December 2013

TORONTO—British Columbia’s provincial securities regulator accused hedge fund manager Jon Richard Carnes of fraud when he wrote negative reports about Silvercorp Metals Inc. to profit from its falling share price.

In a statement Thursday, the British Columbia Securities Commission said starting in 2010, Mr. Carnes, who operates the “Alfred Little” financial blog, wrote negative reports about companies that traded on a North American exchange and operated in China. It alleges he sought to profit from his negative reports by shorting—or betting against—the issuer’s securities before publishing the reports, and then covering his short position after the share price dropped in response.
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Article: Man jailed for computer fraud of over €300,000

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Man jailed for computer fraud of over €300,000

Barry Roche, 26 November 2013

A man has been jailed for five years after he pleaded guilty to computer fraud offences involving the theft of more than €300,000 from a multinational company within months of starting work for the firm.

Dadibaku Ngkupumu (47), McWilliam Green, Fortunestown, Tallaght, Dublin, a Congolese national, pleaded guilty to 17 fraud offences from Avery Dennison at Cork Airport Business Park between November 2012 and January 2013.

At Cork Circuit Criminal Court yesterday, Judge David Riordan described it as “classic case of white-collar crime” by Ngkupumu.

Det Garda Aonghus Cotter told how Ngkupumu had diverted €336,819.27 from Avery Dennison to fake bank accounts set up in Belgium, Luxembourg and Germany.

He also attempted to transfer a further €304,188.04 to the same fake bank accounts in another series of transactions while working in Avery Dennison’s financial payments section.
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Article: Short selling and fraud: The case of Silvercorp Metals

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Short selling and fraud: The case of Silvercorp Metals

Michael McCullough, 13 March 2012

The letter arrived at the Vancouver office of Ernst & Young on Aug. 31 in an envelope bearing $6 in U.S. postage. There was no return address and instead of salutations, it began with a headline: “Potential $1.3 billion accounting fraud at Silvercorp.”

Rui Feng, the founder and chair of Vancouver-based Silvercorp Metals Inc., was in Beijing at the time. He heard about the letter over the phone from Bob Gayton, head of the audit committee, who’d been alerted by Ernst & Young, auditor to the mining company, which at the time had a $1.5-billion market value, thanks to its two operating lead-zinc-silver mines in China and undeveloped properties in China and B.C. But Feng had an inkling something like this was coming.
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