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What A Tangled Web Redux

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Posted by:   bobo 8/11/2006 7:50 AM

An article appeared in the Motley Fool today, which is quite typical of that pub's diligence and attention to detail, as well as the spin that goes on when presenting things as simple as an earnings release.

Here's the article.

Now, the first thing you should know, before reading it, is that NFI just beat the Street's estimates by 25%. They had a record quarter for loan production. They significantly reduced their cost of production. All systems are wildly positive.

And yet this article, by a "concerned shareholder" who is purported to be long, ignores all of those elements, preferring to paint the latest release as ominous and troubling. He erroneously describes apparent lower YOY earnings a result of the Fed's interest rate policy. He incorrectly states that NFI has been somehow harmed by an inverted yield curve - but never says how. He questions the solidity of the dividend, ignoring the now ONE YEAR of banked dividends - they are only paying out 2005's accumulated dividend in 2006, reserving 100% of 2006's dividend to be paid in 2007 - the only REIT that has that guaranteed earned income in the bag, making it the most reliable dividend in the business. The article's tone makes it clear that the author views everything about NFI as risky - and yet all the things he cites are either erroneous, not a risk, or simply negative sentiment masquerading as analysis.

Normally I wouldn't waste my time, however I am familiar enough with NFI's accounting to be able to rebut the "concerns." The funniest is his concern over his return. He freely mixes the dividend yield (17+%) with the return on the share price, and pays passing tribute to the fact that NFI is the poster boy for naked short selling manipulation (on the SHO list, with rare exception, since the list was published) and that the short interest is huge - and has been for years, as the hedge funds playing the stock have INCORRECTLY bet on the company's business fundamentals faltering for 4 YEARS. He doesn't apparently understand that companies with huge short interests and unknown FTD levels (but abusive given the SHO list) tend to be depressed price-wise. He also fails to mention that the large short interest has been betting against the company for a long time - all the way through the largest housing boom in history - thus their apparent negativity over the company's prospects have been 100% wrong for the whole period.

I have some advice for the author: If the dividend has been rock solid since you bought it, and if there is a year's worth of dividend banked after paying out 2006, why are you acting concerned over the dividend? Name one company that has that kind of buffer of accumulated dividend. You can't. There isn't any. Your complaint is that the share price has sunk, rendering your investment a lower total return, IF YOU SOLD NOW, which you haven't. That depression is typical of the manipulated depression we see in many of the Reg SHO stocks being played by a certain cabal of hedge funds. The stock price in no way reflects any uncertainty over the stability of the dividend, any more than it has for the last 4 years. It does reflect the capabilities of a well funded, powerful group of hedge funds to be able to manipulate the share price of targeted companies, regardless of the business fundamentals. That's why it is illegal, although you'd never know it from the lack of enforcement by our regulators.

I normally don't discuss company specifics here, as that isn't my thing - I am usually concerned with the broader strokes of manipulation, and collusion with the press. This was too good an example to pass up, however, of the insidious sort of pap that passes for journalistic comment from NY-based pubs these days.

My point here is that even supposedly friendly sources can spin disinformation. This would be an example where either the author is wholly ignorant of all positives and the basics of the company, or simply elected to not mention them. One says he is ignorant of the company's business, the other that he has an agenda. I shall leave it up to you to decide, after reading the article, and my emailed correspondence to him.

This type of article is typical, BTW, and used to come from Herb Greenberg - his 31 examples in one 12 month period ended abruptly when he was otherwise occupied by subpoenas. Thankfully, the MF has stepped into the breach.

I'm just surprised it isn't Seth writing it...

 

"I read with interest your latest piece on NFI in MF.

Perhaps I can clarify some of the issues you see as a concern.

For starters, the YOY GAAP earnings decline you cite is a phantom, and a disingenuous one at best. Consensus estimates for this quarter were .79 cents. They turned in .99 cents. That is a 25% UPSIDE surprise, is it not?

Now, as to YOY shrinkage, is that because NFI is making less money? No. It is because of the way that the company structured their securitizations and has nothing to do with economic impact.

Last year, the company structured their securitizations as sales, resulting in gain on sales that contributed to GAAP. This year, same securitizations were treated as financings, resulting in no contribution to GAAP. Same money in, different accounting treatment. A good and fair question at this point would be, OK, let's compare apples to apples - what would NFI's GAAP have been if they had used the same accounting treatment this year for the securitizations? Answer: GAPP of around $1.50 - a net increase YOY no matter how you slice it, and in keeping with the increases in the size of the portfolio, and the originations - hopefully you noted that Q2 was a new record for those.

So, the lesson here is that you need to look a bit closer at the accounting treatment before you jump to conclusions.

Ditto for Taxable Income, which was off from Q1 by .65. Why, you would have to ask? Same thing. In order to meet the REIT requirements, they moved some hedges into the taxable subsidiary. That, and the difference in sale vs. financing, accounted for roughly $25 million of discrepancy in TI. So again, look at what they actually did in terms of performance. If they had structured the securitization as they did last year, and had kept the hedges in place in the REIT, their TI would have been around $2.10. So again, not a decline in pure earnings terms, but rather an accounting artifact.

Why does any of this matter?

If I picked 7 apples last year, and picked 10 this year, but had to hide 3 due to the farmer's arcane rules, did my apple production decrease this year? If I still get to eat them, but have to count them somewhere else, did my apple consumption get impacted negatively?

REIT accounting can be difficult at times. This isn't. If you don't believe me, call investor relations and ask them about the GAAP number if they had selected a different accounting treatment, and further explore the actual economic difference to the company in terms of dollars in. You will find a YOY increase - a rather significant one.

Hope this shines a bit of light on the matter for you.

Regards,

AKA Bob O'Brien"

Copyright ©2006 Bob O'Brien
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Comments (20)
Re: What A Tangled Web Redux By zinkly on 8/11/2006 10:40 AM
Bobo, don't hold your breath on any corrections or retractions. Their agenda is clear. Again.

Also, lately, I've noticed that the http://www.nfi-info.net/news.htm site, is missing the type of analysis and insight that you've provided in your note to MF. Is that by design, or just a product of energies allocated elsewhere? I miss it ...being the dimwit shareholder that I am ... it helped me to get a feel on the NFI earnings info, and Conf Call banter.

Thanks for all of your efforts.
Re: What A Tangled Web Redux By nfi invest on 8/11/2006 10:41 AM
Bob, can you explain the expected dividend for the next four quarters and why the housing market can slump with rising interest rates without it affecting NFI that much?
Re: What A Tangled Web Redux By craig cunningham on 8/11/2006 10:52 AM
I can tell you my view on the future dividend. I expect 5.60, as management has comitted themselves to that, and probably won't raise it until they can sustain the next amount for the forseeable future.

The housing market can slump all it wants, it doesn't matter as long as people pay their mortgages. Rising rates don't impact subprime borrowers as much. If you are paying 30% interest to a credit card company, you'd happily refinance to 9 or 10%
Re: What A Tangled Web Redux By bobo on 8/11/2006 11:18 AM
Well, NFIINVEST, for starters, the minimum dividend will be $5.60. Why? Because they have already earned enough to pay that back in 2005, and are using that to pay the entire 2006 dividend.

Now, so far in 2006, they have earned about $3, even with the transfer of earnings to the taxable subsidiary - where there were accumulated losses to offset the roughly $25 million profit. I would expect another $4 or more Taxable income this year, for a total carry-forward of around $7 or more. Hell, even if it is $6, that is still more than enough to pay the dividend all next year from 2006's income.

Rates have been increased for the last two years, and NFI is still wildly profitable. Housing has been slumping for the last 6 months, and NFI is still wildly profitable. Not as wildly profitable as in the heyday of the housing boom, but still, pretty damned profitable.

Add to that the fact that their core business is a spread between credit card debt interest rates, and mortgage interest rates, and you start to appreciate what it is they do. They lend tax-deductible money to folks so they can get out from under 19% CC debt that isn't tax deductible. They don't do rate-driven refis very much, and they don't compete with a lot of the bottom feeder subprime lenders who have shown disastrous results over the last year or so. They are growing while others are suffering.

As to NFI-Info.net, my energies are devoted to this site and the market reform issues, not so much company specific issues. NFI can take care of itself - when you've been wrong about a company for 4 years now starting on the 5th year of being wrong, it's not hard to poke holes in your arguments - and that is how long the miscreants have been wrong about NFI, claiming that rising rates would crush the company, slowdowns in refis would crush the company, increased competition would crush the company, defaults would skyrocket, crushing the company...

All provably wrong.

This is their Waterloo - they're in so deep they can't buy back out without running the price into triple digits, so they are stuck, and have to create volatility and contrive media slams to keep the price depressed, along with liberal naked short selling.

Meanwhile, investors continue to be paid 17% dividends, down last year from 21% dividends due to the slowly rising price. So last year the yield was even higher due to a correspondingly lower share price, which just goes to show you how off critics were then, too.

I just think it's kind of funny how transparent the hatchet jobs are - beat estimates by 25%? I'm worried.

Too funny, really...
Re: What A Tangled Web Redux By Little Bo peep on 8/11/2006 11:19 AM
http://yahoo.reuters.com/news/articlehybrid.aspx?storyID=urn:newsml:reuters.com:20060811:MTFH97712_2006-08-11_18-46-48_N11409236&type=comktNews&rpc=44
Re: What A Tangled Web Redux By Little Bo peep on 8/11/2006 11:40 AM
http://releases.usnewswire.com/GetRelease.asp?id=63906
ABLE By piddly_sum on 8/11/2006 11:50 AM
ABLE, one of the longest standing issues on the SHO list was knocked off very recently but reappeared last night, I think off the list for the absolute minimum number of days you can be clear of the list (eight or so?).

Anyway, what a wonderful SEC grandfather clause the criminals have, no?
Re: What A Tangled Web Redux By bobo on 8/11/2006 11:56 AM
piddly: When you want to hit them again, transfer all the fails into ex-clearing, keep them off the list for 13 days, and then all the fails generated in the 5 days prior to going back on the list are grandfathered. Nice.

Was there unusual volume the 5 days prior to going back on the list? Bet you a dollar....

I can see this, but the SEC can't. Amazing...
Re: What A Tangled Web Redux By Guessing on 8/11/2006 12:01 PM
Bob, I know you like to keep threads focussed, but have you seen Carol's piece on Fairfax today? Entitled "Fairfax and the Missing German Trades", she claims that since there was hardly any trading in Fairfax on the Berlin exchange that their allegations are false. Of course, Fairfax never alleged that the trading took place in Berlin, but rather the miscreants used Berlin to misuse the market maker exemption. Typical garbage.

Here is the piece:

By Carol S. Remond
A Dow Jones Newswires Column

NEW YORK (Dow Jones)--A good conspiracy theory can sometimes be undone by
the smallest of details.
When Fairfax Financial Holdings Ltd. (FFH) last month filed a $6 billion
lawsuit against SAC Capital Management LLC and others, it became the latest
company to take aim at powerful hedge funds. The Toronto-based insurer alleges
in its complaint filed in Superior Court in Morris County, N.J., that the
funds conspired to denigrate Fairfax and illegally send its share price lower.
Fairfax's complaint follows closely on a script developed by class-action
lawyers flushed with anti-tobacco bounties and now taking aim at deep pocketed
funds. Other companies that recently filed similar suits include Canadian
pharmaceutical company Biovail Corp.(BVF) and Utah-based Internet retailer
Overstock.com (OSTK). The companies generally allege that hedge funds colluded
among themselves and with others to illegally depress their stock prices. Two
of three companies share the same lawyers and all three name some of the same
defendants in their respective complaints. All three companies are under
investigation by the Securities and Exchange Commission. Last year, the U.S.
attorney in New York also launched probes of some of Fairfax's insurance
accounting practices.
The funds have denied wrongdoings and litigation is ongoing.
But there is one novel fact in Fairfax's complaint that merits a closer
look.
The company alleges that the bearish attack on its stock began in Germany
shortly after it said it would list its stock on the New York Stock Exchange
in 2002.
But trading data don't support Fairfax's allegations.
Fairfax claims in its complaint that hedge funds developed an aggressive
short-selling campaign dubbed the "Fairfax Project" in 2002 and began shorting
its stock aggressively upon its listing on the NYSE in December of that year.
"In order to facilitate the rapid accumulation of their short positions,
enterprise members listed (without any notice to or desire on the part of
Fairfax) Fairfax shares on the Berlin stock exchange, which they used to
circumvent United States restrictions on short selling," the company said in
its complaint.
But trading data reviewed by Dow Jones Newswires shows that the Fairfax
listing on the Berlin Stock Exchange predates its announcement in April 2002
that it planned to trade on the NYSE. According to the Berliner Boerse,
Fairfax was listed on that exchange on Aug. 15, 2001, about eight months
before its intentions to list on the NYSE became public.
Also, trading volume on the Berlin Stock Exchange was nil in 2001 or 2002
and trading in 2003 was minimal. Some 3,000 shares of Fairfax were traded in
January, 100 shares in February and 3,000 shares in May. These are hardly the
numbers one would expect necessary for nefarious hedge funds to build massive
short positions.
SAC declined comment because of pending litigation.
"I don't know what you are talking about," said Marc Kasowitz of Kasowitz,
Benson, Torres & Friedman LLP, when asked about the disconnect between the
trading data and Fairfax's claims. "The data does fit the allegations."
Kasowitz also represents Biovail.

Fairfax Not The First

Fairfax isn't the first company to have alleged its stock was manipulated
through a German stock exchange. In fact, the notion that foreign exchange
listings could in some way be used by short sellers to circumvent U.S.
regulations gained notoriety in early 2004 after some small U.S. companies
listed in the loosely regulated Over-the-Counter Bulletin Board started
complaining that their stocks were listed on the Berlin Exchange without their
knowledge.
The "Germans are coming" brouhaha reached such a crescendo that officials
from the SEC and the NASD traveled to Germany and met with their counterparts
in May 2004 to discuss the matter. As reported in previous 'In The Money'
columns, U.S. regulators found that the stocks of most U.S. companies listed
on the Berlin Exchange never or hardly traded there and came to the conclusion
that no ill conduct was taking place.
Despite this finding, German exchange listings came up again in January 2005
during a conference call by Overstock Inc. (OSTK), in which Chief Executive
Patrick Byrne discussed the topic with a stock booster using the fake name of
Bob O'Brien. The two mused about whether failures to deliver shares of the
company on time, three days after a stock transaction, could be attributed to
trading on the Berlin stock exchange or others in Germany.
Questions about German exchanges again surfaced during a panel on abusive
short selling organized by the North American Securities Administrators
Association in November 2005. The meeting was stacked with executives of
companies that allege that their stocks have been illegally depressed and
their lawyers and lobbyists.
Cameron Funkhouser, NASD's senior vice president of market regulations, said
at the time that regulators had taken allegations about manipulative trading
in Germany very seriously but that he hadn't found any instance of abusive
short selling through foreign venues.
According to an attendance list reviewed by Dow Jones, also present at the
NASAA meeting was hedge-fund slayer and would be whistleblower Gary Aguirre,
who had been fired by the SEC the previous month.
In late May, Aguirre said in a letter to Congress that the SEC is partial to
hedge funds and that his probe into possible insider trading at Pequot Capital
was halted after he sought to subpoena a powerful Wall Street executive. In
June, Aguirre testified in front of a Senate hearing on hedge funds during
which illegal short selling was widely discussed. Also testifying at that
hearing were Kasowitz, the lawyer now representing Biovail and Fairfax, and
Demetrios Anifantis, a witness supporting Overstock's claims who has also
given an interview about Biovail's allegations and is cooperating with the
company's suit. During the hearing U.S. Sen. Orrin Hatch, R-Utah, asked
participants whether foreign listings in general, and German listings in
particular, could be used to get around short selling rules in the U.S.
Kasowitz replied that he had "heard some reports similar to the ones that you
have read about, Senator."
But back to Fairfax for a moment.
There were plenty of reasons for naysayers to take aim at Fairfax in 2002.
The company's results had suffered because of its exposure to the Sept. 11
attacks on the U.S. and to Enron Corp. (ENE).
Trading data shows that were 233,862 shares of Fairfax sold short on the
Toronto Stock Exchange, the company's primary trading venue before its NYSE
listing, in Oct. 15 2002. That number jumped to 313,336 shares on Jan. 31,
2003.
Meanwhile, according to NYSE short interest reporting, there were 1.9
million shares of Fairfax sold short on Jan. 15, 2003, or about 14% of its
shares outstanding. That climbed to 2.3 million shares sold short as of Feb.
14, 2003 and closed around 1.8 million shares short in mid-December 2003.
Despite the continued negative bets by some against it, Fairfax's stock
price rebounded in the year following its NYSE listing, climbing from a low of
about $50.95 a share in late March 2003 to $174.51 a share by late December
2003.
Fairfax's suit against SAC and others came just one day before the company
disclosed multi-million dollar accounting errors. Calling it a very
embarrassing moment, Fairfax's Chief Executive Prem Watsa told investors on
July 28 that the company would restate financial results because of various
accounting errors related to a reinsurance contract with Swiss Reinsurance
Co.(RUKN.VX).
The announcement caused Fairfax's stock to fall, and credit-rating agency
Standard & Poor's Ratings Services put the company on CreditWatch for a
possible downgrade.
Re: What A Tangled Web Redux By piddly_sum on 8/11/2006 12:17 PM
Bob,

Yes about thirteen days before dropping off the list, there were eight days of 3-4x normal volume. You are correct, how can the SEC be that blind? This sort of regular thing, similiar to the CHX swap trades, ought to be grounds for an investigation. Specific acts with the intention of breaking/evading the law.

For the record, I do not own this stock, just used to seeing it on the threshold list...
Re: What A Tangled Web Redux By bobo on 8/11/2006 12:31 PM
The NY Post had another FFH Bash today in the hard copy, also not online.

It appears that all the usual suspects are slamming FFH now. When does Einhorn chime in? Greenberg? Alpert? Nocera?

It's such a surprise that Carol's all over this, misstating FFH's allegations...
Re: What A Tangled Web Redux By davidn on 8/11/2006 12:52 PM
Injunction reached on Utah 'fail to deliver' law
Aaron Siegel
August 11, 2006
The Securities Industry Association and R. Wayne Klein, director of Utah's division of securities agreed to a preliminary injunction relating to the SIA's lawsuit over Utah's "fail to deliver" law today, according to a statement from the SIA.
Re: What A Tangled Web Redux By piddly_sum on 8/11/2006 1:35 PM
=DJ UPDATE: Utah, Wall Street Group Agree To 8-Month Amnesty
(Adds information beginning in fourth paragraph including comment from Utah officials and Overstock's Byrne.)
By Judith Burns
Of DOW JONES NEWSWIRES


WASHINGTON (Dow Jones)--Wall Street's leading trade group said Friday it has reached an agreement for an eight-month delay of a controversial Utah law that would impose stiff penalties on brokers who don't report stock-delivery failures.

The Utah law, which was set to take effect Oct. 1, will be postponed until June 1, 2007, under a preliminary injunction stipulated by the Securities Industry Association and Utah's Division of Securities, the industry group announced.

An SIA lawsuit challenging the Utah law, filed July 28, also will be put on hold for now, offering "an opportunity to reach a permanent resolution of this matter," SIA spokesman Travis Larson said.

Utah Senate President John Valentine said the state is willing to step back and give federal regulators time to address stock-delivery failures.

"If acceptable solutions are not developed at the federal level, Utah stands ready to implement its statute after June 1, 2007," Valentine said in a prepared statement.

A Securities and Exchange Commission spokesman declined to comment. SIA President Marc Lackritz said in a statement the group looks forward to working with Utah regulators "to address their concerns."

The Utah law would impose hefty fines on state-licensed brokers who don't report failures to deliver stocks of Utah companies to customers. The legislation is believed to have been inspired in part by Patrick Byrne, the chief executive of Salt Lake City-based Overstock.com (OSTK), who has campaigned against practices such as "naked" short selling and stock delivery failures.

The SIA had challenged the Utah law, saying federal law prohibits states from imposing reporting requirements on brokers that differ from or are in addition to federal requirements. The industry group estimates that no more than 1% of all stock trades are subject to delivery failures, and said the problem is being addressed by stricter SEC rules on short selling.

"The SIA has been out here lobbying night and day" to block the Utah law, Byrne said.

"They won this round," he commented.

Short sellers sell borrowed shares in hopes of profiting from lower stock prices. Naked short sellers do not borrow shares before selling them and may not be able to deliver them later, which critics say is akin to counterfeiting shares.

Utah said its law was designed to provide more information to investors and Utah companies about trades that don't settle promptly or which might involve abusive short selling. To the extent that investors don't receive shares they bought, "markets are not operating efficiently," Utah officials commented.

-By Judith Burns, Dow Jones Newswires; 202-862-6692; Judith.Burns@dowjones.com

Re: What A Tangled Web Redux By Wicked World on 8/11/2006 1:38 PM
Guys, there's a thread going over at IV that has a link to a Reuters article which says a *Federal Judge* blocked it.

That's a lot different than the two sides agreeing, right?

Not that either one is good news.
Re: What A Tangled Web Redux By Wicked World on 8/11/2006 1:40 PM

Hope this doesn't get cut off:

http://yahoo.reuters.com/news/articlehybrid.aspx?storyID=urn:newsml:reuters.com:20060811:MTFH00642_2006-08-11_20-57-19_N11443608&type=comktNews&rpc=44
Re: What A Tangled Web Redux By InTheKnow on 8/11/2006 1:44 PM
She did the same type of hatchet job on JAGH and the company demanded a retraction to al her false allegations.

She is an evil lying individual!
Re: What A Tangled Web Redux By InTheKnow on 8/11/2006 1:54 PM
Business as usual with the US Govt....

The individual investor deserves to lose his shirt to the rich and powerful who pay there dues to the government by way of political contributions!
Re: What A Tangled Web Redux By SIA- Defender of Investors on 8/11/2006 3:11 PM
We are representing almost 93 million investors. Of course NONE of them have a say in what we do or how we do it. Take this Utah fiasco for example. When we first got wind of Utah creating this law we told them we would support it if they delayed implementation until Oct 1, 2006. They did and we filed suit to have their law thrown out. Today we have an injunction until June 1, 2007 to which Utah is agreeing to. We are saying we will work with Utah on their law. Of course when June 1 rolls around we will have a new misleading and delaying tactic. We can't believe Utah is stupid enough to keep buying our story but they do. Fish on!

Now the reason we want to delay this law is because it is too big a burden to actually provide documentation of what we are doing and saying in the markets daily. It is not because there is anything fishy or illegal going on. There is no illegal shorting or stock manipulation going on anywhere but we are not willing to prove that to anyone. So what if alot of companies have shareholder lists that are almost double the amount of shares issued. So what if we don't deliver ballots to half of the shareholders. Nothing fishy about that and we are not accountable for anything.

Just trust us!
Re: What A Tangled Web Redux By mhatmccane on 8/11/2006 3:30 PM
Bob,

I was also surprised that Seth wasn't the author - maybe his per word price is too high and they got a rookie to buy a share of NFI and write an article (or maybe it was already written for him).
Re: What A Tangled Web Redux By Niel Storts on 8/11/2006 4:53 PM
As a bright eyed "invester" I decided to put my money into the capital market. I also spent a goodly part of my youth defending this, once great, nations ideals. I always felt a sense of pride in the fact that my forefather (and his brothers, and cousins) did his part in fighting to create this nation of equality under the law, and expectations limited only by the ablity of an individual. Excuse me, I have to go puke now.

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