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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony, -- Ignore unavailable to you. Want to Upgrade?


To: Anthony@Pacific who wrote (66566)2/1/2001 6:01:49 PM
From: StockDung  Read Replies (1) | Respond to of 122087
 
Four Ways Investors Are Tricked

The beginning of the year is a good time to get reacquainted with the chicanery that goes on with financial statements. Pro forma numbers, investment gains, and my personal favorite, onetime charges, are as prevalent as ever -- especially among the biggest names in tech.

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By Todd N. Lebor (TMF TeeTime)
February 1, 2001

Last week in this column, TMF Tonto took a second look at Ariba's (Nasdaq: ARBA) revenue recognition change. Even though it was sparked by a change in Ariba's fee structure, not as an attempt to mislead investors, it reminded me of the ways financial statements can pull the wool over an unsuspecting investor's eyes, and of the lessons that can be learned from evaluating various companies' accounting practices. Below, I've laid out four such lessons.

Ariba's change is perhaps the most dangerous because many investors would never look deep enough to discover the change and management did not explain it well. In reading the press release, a trusting individual investor would never be the wiser because the change does not constitute a "change in accounting policy" as determined by Generally Accepted Accounting Principals (GAAP). Therefore, the income statement does not provide a line item detailing this new way of billing customers.

Lesson: Reading the quarterly earning releases is not enough. (In Ariba's case, listening in on the conference call was instrumental to discovering this new policy.) If you still don't understand what's happened or feel uneasy, avoid the company.

Pro forma numbers
Pro forma numbers are a necessary evil. (Pro forma refers to financial statements that are adjusted to reflect a projected or recently completed transaction.) They are usually not an attempt to mislead investors but just the same, they can be used to show a company in its best light.

Take the recent Qualcomm (Nasdaq: QCOM) earnings release. Net income has more figures excluded from it than included. A footnote regarding the fiscal first-quarter numbers reads, "Pro forma results exclude asset impairment and other charges related to the Globalstar (Nasdaq: GSTRF) business, amortization of goodwill and other acquisition-related intangible assets, employer payroll taxes on employee non-qualified stock option exercises, charges related to an arbitration decision against the company, unrealized changes in market values of derivative instruments, unrealized other than temporary impairment of marketable securities, and the cumulative effect of an accounting change." But here's the kicker: After all that excluding, Qualcomm left in investment gains.

How is that all those "one-time" charges should be excluded from pro forma net income when onetime investment gains are included?

Now, don't get me wrong. I understand the need to separate out some of the onetime charges and losses. Pro forma numbers do serve a purpose. In defense of Qualcomm, if an investor were to merely look at the GAAP financials, they would see a decline of $436.1 million ($1,120.1 minus $684.0) in revenues from Q1 2000 to Q1 2001. But by reporting pro forma numbers, Qualcomm is providing an apples-to-apples comparison that reveals an $80 million revenue decline instead. Pro forma numbers are also handy when a company has sold or acquired businesses recently, as is the case with Qualcomm. It sold several major business units over the last few years, rendering the GAAP financials useless in evaluating the growth of its remaining businesses.

But let's be consistent. All onetime effects should be excluded, not just the ones management deems necessary. This is the inherent danger in pro forma numbers. They are not GAAP and are therefore subjective. Investors really need to be on their toes to avoid being sucked into pro forma fantasy-land.

Lesson: Read the footnotes and question any pro forma numbers. Be sure to understand exactly what is and isn't included in the pro forma numbers.

Onetime charges
Spring cleaning may be a better term to describe onetime charges, also referred to as "taking a bath." Companies have been using onetime charges to bury unfavorable expenses for years. Two of the biggest numbers I've ever seen came from Motorola (NYSE: MOT) and Lucent (NYSE: LU). In 1998, Motorola took a $1.95 billion charge and announced 15,000 layoffs that eventually turned into a more than $2 billion hit and 24,000 displaced workers. Just last week, Lucent stated it was taking a $1.2 billion to $1.6 billion charge "to reduce the number of jobs in the business, eliminate some product lines as a result of our portfolio review, and make the associated asset write-downs and facility consolidations." To top it all off, 10,000 heads will roll as a result.

Once again, I must caution that write-downs and charges are necessary and even good sometimes. We wouldn't want companies to hide their troubles and risk financial collapse when the you-know-what hits the fan. Chronic chargers are really the concern here. Companies that use charges regularly to clear out the skeletons and hide management's missteps should be avoided. Often, expenses that would otherwise flow through the income statement lowering unadjusted net income are buried in these onetime charges.

Lesson: Charges can be a red flag for mismanaged companies. Spend some time looking for a pattern of chronic onetime charges.

Investment gains
This is probably the most written about and at the same time, most brushed-off earnings distorter around. In fact, it has become so commonplace with blue-chip tech companies like Microsoft (Nasdaq: MSFT), Intel (Nasdaq: INTC), and Cisco (Nasdaq: CSCO) that we have become numb to billion-dollar quarterly investment income. The danger is that these cash-rich companies lull us into complacency with their investment income and we lose focus on the underlying businesses. Even worse is the danger that management will lose sight of its fundamental job and become fixated on investment income to meet earnings goals.

Below is a chart showing investment and interest income and gains for the three behemoths mentioned above. Of note is Microsoft's cash and investment arsenal ($45.2 billion), which would rank it as the sixth-largest mutual fund if it were an investment company! Also noteworthy is that Intel's calendar 2000 investment income of $4.7 billion was larger than all of AMD's (NYSE: AMD) 2000 revenues of $4.6 billion! The figures below are in millions of dollars.

1999
Q1 Q2 Q3 Q4 YR
CSCO $91 93 102 151 437
INTC 347 290 316 508 1,461
MSFT 720 485 531 760 2,496

2000
Q1 Q2 Q3 Q4 YR
CSCO $314 541 420 NA 1,275
INTC 640 2,341 966 799 4,746
MSFT 885 1,127 1,075 723 3,810
Source: Company Financials
Investment gains may have become recurring revenue streams at these companies, but they are not predictable. If they were, I'd be entrusting my money to Bill Gates as an investment manager rather than as a software architect. Besides the enormity of these numbers, note the increasing trend over the past two years.

Lesson: Don't just look at the bottom line (i.e., net income) for financial health. Dig a little deeper and review the segmented revenue and growth rates.

Here's a bonus for those of you who actually got this far. Watch out for income from overfunded pension funds. Companies with pension liabilities that are less than pension assets can use this overfunded amount to make up for revenue shortfalls. The more sinister CFOs may try to sneak positive income under your nose while claiming that legally required contributions are not part of ongoing operations.

It's you against the bean counters. Arm yourself.

Fool on.

Todd N. Lebor is a co-manager for the Rule Maker Portfolio and lives in Alexandria, Virginia. At the time of publication, the writer owned shares of CSCO, INTC, LU, and MSFT. Todd's other holdings can be found in his personal profile. The Motley Fool is investors writing for investors.



To: Anthony@Pacific who wrote (66566)2/1/2001 6:05:12 PM
From: StockDung  Read Replies (1) | Respond to of 122087
 
Just a little information about John Westergaard and WBN.com mary.cc

The SEC sues WBN.com the paid analyst of BIKR for their fraudulent reports
Read the press release
infowar.com
See the full SEC case
sec.gov

New York Times article about the SEC suit
mary.cc

Here is John Westergaard posting on the BIKR board
messages.yahoo.com 83&mid=3523

Here is John Westergaard's letters to the SEC. He's basically threatening them and trying to drop powerful names in hopes that they'll leave him alone. He seems to be threatening action against the SEC even.
mary.cc
mary.cc

Here is a half an hour interview with Bob Thayer, John Westergaard and Herm Rosenman. Hal said BIKR and Herm had no idea who they were. If the link goes down, I saved a copy. It's in Real Player format.
tm.intervu.net

Here's his johnny dot com scam. This is the other site which John Westergaard had his radio interview shows about the companies he pumped.
radiowallstreet.com

You can still buy these fake reports on zacks.com for $50.

ecom.zacks.com FAULT&firm_code=ZY
Great article about Westergaard vs. a message board poster.
thestreet.com
thestreet.com

The analyst threatened to sue me too but never did. This company went bankrupt. John said they'd do great.

ANOTHER RECENT ARTICLE FROM FOOL

fool.com

It seems a lot of people realized he was a con artist.

PICS OF THE CON MAN

Here is john westergaard. The last two pics are from the conference where Herm Rosenman gave everyone the fake production and cog numbers.

mary.cc
mary.cc
mary.cc

Online interview with John Westergaard
theinternetanalyst.com

Press release about his coverage of QEKG
intelihealth.com

Stocks that WBN covered. There could be more.
finance.yahoo.com
%2Ccrii%2Cams%2Cinsi%2Ccrmz%2Cppd%2Cptn
%2Claig%2Caerta%2Ciw%2Cison%2Cpinc%2Cplsia
%2Cegas%2Cgrka%2Cengl&d=v1

Here is a chart with notes on it showing the fraudulent activity.
You can see that people got stuck in here during the pump. Look at the buys on the fake analyst's news. There are not an equal number of sells. Only the fake pumpers sold and made money. Notice it all happened right before herm quit. One last rally.

mary.cc

Those paid for wbn.com fake reports. Hello, SEC?
They're in reverse order so start at the bottom if you like.
BIKR paid $48,000 a year so that we could have these reports.

mary.cc
April 24, 2000
Analyst Bob Thayer Packs in Biker's Dream (BIKR 5/8 NSDQ)

mary.cc
April 12, 2000
Biker's Dream (BIKR 25/32 NSDQ) Unravels

mary.cc
March 1, 2000
Price Target - Bob Thayer's Final Installment on Biker's Dream (BIKR 15/16 NSDQ) "What if Scenario"

mary.cc
February 28, 2000
Bob Thayer's Part III "What-If" Scenario for Biker's Dream (BIKR 1 NSDQ) Looks at the Capitalization

mary.cc
February 25, 2000
Biker's Dream's (BIKR 1 3/32 NASDAQ) Possible Net Income

mary.cc
February 24, 2000
Biker's Dream, Inc. (BIKR 1 7/32 NSDQ) Targets Large Gains in Revenues and Profit Margins for Y2000

mary.cc
February 9, 2000
Biker's Dream (BIKR 7/8 NSDQ) Sells Retail Division, Focuses on Upgraded Manufacturing Techniques

mary.cc
January 5, 2000
The Challenges Facing Biker's Dream (BIKR 0.63 NASDAQ); WBN Analyst Bob Thayer Reports

mary.cc
January 4, 2000
The First of a Two Part Series on the Opportunities and Challenges Facing Biker's Dream (BIKR 0.71 NASDAQ); Today, the Opportunities. WBN Analyst Bob Thayer Reports

mary.cc
November 24, 1999
Biker's Dream (BIKR 1 1/16 NASDAQ) Reports 3Q Results

mary.cc
October 25, 1999
WBN's Bob Thayer Interviews Biker's CEO Herm Rosenman

mary.cc
September 29, 1999
Biker's Dream Revs Up Brokers and Analysts in the Big Apple

Here's the Raging Bull message board for his company symbol WSYS

ragingbull.altavista.com

WSYS.ob company news

finance.yahoo.com

His AOL profile, user name westrgaard@aol.com

Member Name: JOHN WESTERGAARD
Location: New York NY
Sex: Male
Marital Status: single
Hobbies: history, politics
Computers: several compatibles, IBM Thinkpad, Unix server
Occupation: Writer
Personal Quote: "If it weren't for dreamers man would still be living in caves."

He posts on Raging Bull as user westergaard.
ragingbull.altavista.com

He posts on Yahoo as westergaard. profiles.yahoo.com

He posts on silicon investor as westergaard
Member 4103168

Here's his contact information.

Westergaard Online Systems, Inc
560 West 43rd Street
New York, NY 10036
(212) 947-3853 current phone number
(FAX) (212) 947-6643

Here is the Westergaard scam outlined by a professional
fraudbureau.com

Here is the pump and dump part of the scam outlined
fraudbureau.com

Here is the fraud he commited through his "conferences"
Investment seminars and financial planner activity Many investment seminars and financial planner activity are carried on without the required licenses. The organizers of these seminars fail to disclose conflicts of interest and hidden fees and commissions. Many investment seminars are not sincerely aimed at aiding investors on how to invest but are trying to sell certain financial products in which the organizer has an interest.

Great articles about stock fraud
fraudbureau.com

If you search westergaard here you can see the SEC charges besides at sec.gov directly
fraudbureau.com

Here's another case of SEC fraud John Westergaard was involved in.
securities.stanford.edu

Link to one of my posts on Raging Bull which outlines the problems with the actual reports.
ragingbull.altavista.com

contact me if you have any questions or comments. mmmaryinla@aol.com



To: Anthony@Pacific who wrote (66566)2/1/2001 10:15:40 PM
From: Smart_Money  Read Replies (1) | Respond to of 122087
 
Anthony, Clinton gave 114 pardon before leaving office. Link
usnews.com