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To: mishedlo who wrote (11911)4/13/2004 10:23:22 PM
From: rubed  Respond to of 110194
 
Hello, MarketWatch readers
Commentary: My rules of the road

By Herb Greenberg, CBS MarketWatch.com
Last Update: 12:01 AM ET April 12, 2004

Editor's note: Veteran financial reporter Herb Greenberg joins MarketWatch as senior columnist after more than a decade and a half of spotting trouble on Wall Street. He sent up early warning flags on EDS, Tyco, Planet Hollywood, WorldCom and Network Solutions, among others.

SAN DIEGO (CBS.MW) -- Same column, new home department: Hello, MarketWatch readers. You have no idea how thrilled I am to be here after several years of being hidden behind high-priced walls.


Today's column is really designed to do little more than explain who I am (my ego isn't that big!), what I do, how I do it, who my sources are, how this column tends to operate and what we have planned.

I've been a reporter for 30 years and have worked in enough places, including the St. Paul Pioneer Press, Crain's Chicago Business, the Chicago Tribune, the San Francisco Chronicle and, most recently, TheStreet.com, to have covered almost every beat and every type of company imaginable. Early in my career, I even covered circuses and carnivals; who was to know it would be just like covering Wall Street?

I take what I do seriously -- far more seriously than I take myself. (You'll understand that line after you've read me for a while.)

As has always been the case, my game plan is to zig while everybody else zags. That means this column generally is not the place to turn if you want commentary on the biggest business story of the day. There will be exceptions, of course, especially if the subject du jour has been on my radar.

What this column sets out to do

On a good day, the goal of this column is to get ahead of the news. Not that you'll necessarily know it at the time. We're talking about often going against the grain on some of the day's most popular stocks if there's something amiss -- not just a wild valuation.

EDS, Tyco, Sunbeam and Planet Hollywood are just a few whose dirty laundry was aired here long before it was apparent to most investors. (And don't go saying that'll be harder now that Corporate America has cleaned up its act. Doesn't mean management still can't get aggressive with accounting! GAAP, after all, is still GAAP, leaving companies with just enough gray area to hang themselves. And who's saying Corporate America is suddenly spotless?)

As you might guess, I'm naturally a glass-is-half-empty-type thinker, always on the lookout for worst-case scenarios. The mindset extends to my personal life, where I'm always trying to figure out whether I'm somehow being duped. I'm always wondering what can go wrong before figuring out what can go right. (No need to be surprised!)

But isn't that the way investors are supposed to think? Aren't you supposed to consider the risk before reward? Sure you are. But that's so counterintuitive to the get-rich quick mentality of way too many investors who still haven't learned the lessons of the last bubble.

Where do I get my information?

Most of my ideas come from sources. Many are hedge fund managers of one type or another, but they also include brokers, regular readers and even mutual fund analysts. (I really love it when I get pinged by someone who stumbled on trouble when they were researching a stock they wanted to buy.) The bulk and the best of them, however, are short sellers. As I wrote in Fortune a few years ago, I believe short sellers wear the white hats on Wall Street because they have to be smarter and more thorough to go against the herd.

Not that they always get it right; nobody does. But rather than being wrong, like the best value investors they're usually just early.

Many of them also insist on not being named. As a journalist, I prefer attribution and get it when I can. But that's not always possible, especially on anything negative. (Which tells you more about human nature than it does the conviction of my sources! But it seems every time someone goes on the record with anything less than glowing, they become the target of some kind of witch-hunt.)

From this column's perspective, especially with the amount I tend to write, I'm more interested in the quality of the information and whether it can be confirmed through further reporting rather than whether a source is willing to go on the record. That's how I've been able to snare some of my best stories. And, regardless of attribution, the stock positions of all sources are included if a source is quoted.

I don't invest in stocks

Speaking of which: To avoid any appearance of conflicts, I'll be sticking with the policy I instituted for myself when I started writing this column for the San Francisco Chronicle: I do not invest (or short) individual stocks and don't invest in hedge funds. My stock-related investments are restricted to mutual funds and MarketWatch. (The only exception, right now, is the stock of my former employer, which will be sold.)

My current fund holdings, most of which were bought by a sheer stroke of luck (rather than genius) at the market's low in October 2002, are the Dodge & Cox Balanced Fund (DODBX: news, chart, profile), the Matthews Asian Income Fund (MACSX: news, chart, profile), Olstein Financial Alert Fund (OFALX: news, chart, profile) and (for speculation and nothing but speculation) the RCM Pimco Biotechnology Fund-D (DRBNX: news, chart, profile) shares. My current angst, which I've been debating for months, is whether to sell 'em, take out my original investment, take out my profits (as I did a few months ago with the biotech fund after it was up 30 percent) or just let 'em ride and buy more if they fall.

How often will I write?

For the first month or so, expect upwards of five columns per week. And when the news simply can't wait, I'll also do special short alerts. You can get everything I write on MarketWatch e-mailed to you by clicking the "Create Alert" button on the upper righthand side above this column. The columns themselves can be focused exclusively on an individual company or the something as far-flung as the silly games analysts still play, a full-blown revolt by readers or a simple hodge-podge of short items.

Once I settle in, subscription-only access to my most compelling columns and alerts will be added to the mix in the form of Herb Greenberg's RealityCheck. It'll replace some but not all of the free columns. I like to think of everything I do as being part of a package: You never know where it will show up.

Either way, as regular readers know, the more a company appears in anything I write, with such lead-ins as "the saga continues" or "the plot thickens," the more they need to pay attention. (See my accompanying Watch List.)

Oh, and in case any of you regulars are wondering: I've pulled the Hostile React-o-Meter out of storage, oiled it up, plugged it into the computer and can't wait to get it spinning outta control again -- outta control, I tell ya! (Never heard of the Hostile React-o-Meter? You will.)

Once again, it's great to be here.



To: mishedlo who wrote (11911)4/13/2004 10:24:56 PM
From: rubed  Read Replies (1) | Respond to of 110194
 
A Greenberg sampler

By Herb Greenberg, CBS MarketWatch.com
Last Update: 12:01 AM ET April 12, 2004

SAN DIEGO (CBS.MW) -- I don't have a watch list per se, but there are plenty of companies that for one reason or another show up in my column over and over and can be expected to be mentioned here from time to time.



Most have red flags flapping furiously over them, such as, in no particular order:

Novastar (NFI: news, chart, profile): This Kansas City-based subprime mortgage lender's stock has more than tripled since I first started questioning it well over a year ago. Don't I look like the ultimate fool? Yes, but I wouldn't change a word. Just because stocks go up doesn't mean critics are wrong; it means, well, the stock went up -- in this case, in part, because of attempts to chase out short sellers, who bet that a stock price will fall.

All that has really changed, however, is that the quality of the company's earnings has fallen, as has the quality of the company's borrowers, measured by their FICO scores. At the same time, with interest rates unlikely to go much lower, competition from the likes of Countrywide Credit (CFC: news, chart, profile) has increased. Investors flock to this mortgage REIT, however, because of its relatively high dividend yield -- certainly one of the highest for any mortgage REIT.

But with high reward comes high risk. Could the stock's recent almost-overnight 20-percent swoon on fear of higher interest rates be a preview of things to come? Stay tuned.

Novastar, for what it's worth, has a No-Greenberg policy: it doesn't return my phone calls and won't answer my questions.

AutoZone (AZO: news, chart, profile): When you strip away the hype, Memphis-based AutoZone really appears to be nothing more than just another low-inventory-turn auto parts retailer pretending to be a galloping growth company. I like to refer to it as a tortoise dressed up as a hare. Same-store-sales growth in recent quarters has resembled a sputtering engine. The company, which takes my calls, insists that it has fixed the problem.

BioLase (BLTI: news, chart, profile): No-pain dental lasers for all sorts of dental procedures. That's the story San Clemente, Calif.-based BioLase likes to tell.

Truth be told: Pain is in the nerve endings of the beholder, and there are no studies to support the claim. In fact, there are no studies to support quite a few of the company's claims.

And that's only scratching the enamel of what certainly is one of the most fascinating stories I've tracked over the past year. (Especially when I consider how the company has tried to dodge my questions.)

BioLase, which spends heavily at marketing -- and which has impressive competition that is not publicly traded -- will only speak to me through an outside public relations intermediary.

United Surgical Partners (USPI: news, chart, profile): An operator of outpatient surgical centers, Addison, Texas-based United Surgical's financials are so complicated you'd swear it's really a financial services company.

A big question I've been asking lately: What's with the slowdown in organic growth? Depends how you define organic.

With its relatively high valuation, investors may eventually need anesthesia if all doesn't go exactly according to the company's plan -- whatever that is. Company, to its credit, does take my calls.

MBIA (MBI: news, chart, profile): Talk about complicated, this Armonk, N.Y.-based bond insurer may take the cake. Short sellers have been raising flags here for longer than they'd probably care to remember, but the twists and turns are compelling enough to warrant continued coverage.

My favorite story was how a few years ago the company took out some retroactive reinsurance that was used to cover losses after the fact. Had the losses not been taken it's unlikely management would have earned its bonuses.

Nobody cared then; they care even less now. (Too bad!) A recent change in top management bears watching. The company, however, does take my calls in an attempt to answer my questions.

1-800-Contacts (CTAC: news, chart, profile): Financial results for this Draper, Utah-based online retailer of contact lenses have gone from bad to worse lately -- so much so that the only analyst tracking the company recently dropped coverage. Plus there are loads of low-priced competition. I've even questioned whether the company illegally sells lenses in New York.

Contacts never answers my questions; its refusal to respond suggests an active No-Greenberg policy.

AaiPharma (AAIIE: news, chart, profile): I once called this Wilmington, N.C.-based specialty pharmaceutical company a company in search of a business. For a number of years it made several changes in its 10-K description of itself. It finally seemed to find its niche when it started buying the rights to older drugs from big pharma companies. (Proving, once again, that Barnum was right!)

Critics clamored for months that the company was stuffing its distribution channel with more product than it could possibly sell. An internal inquiry found "unusual sales." Regulators are investigating.

The CEO has since stepped down and the company still hasn't filed its latest 10-K, putting it in possible violation of loan covenants. Its stock subsequently got whacked, but short sellers, noting the company's desperate need for cash, think the fun has just begun. To be sure, on Friday, AaiPharma filed an 8-K with the SEC saying that if it can't improve its financial picture it may need to file for bankruptcy. The company, which has had an active No-Greenberg policy in effect for more than a year, also disclosed that it has received subpoenas from a grand jury. AaiPharma also said that it has been advised by the U.S. Attorney for the Western District of North Carolina that it may receive a subpoena from the SEC. (Nothing like relegating the bad news to a filing that hit the SEC on a day everybody on Wall Street was at home.)

Now for something completely different

Meanwhile, contrary to what you may have heard, I also have written my share of stories with a positive bent, such as:

Zix (ZIXI: news, chart, profile). The Dallas-based company is best known for its e-mail encryption software. It's also known as one of Dallas Maverick owner Mark Cuban's largest short positions. (Gotta love Mark; at least he puts his money where his well-known mouth is.) Adding to the tension: It's also a popular short for some of my best sources.

But in keeping with the contrarian nature of this column, I started mentioning it positively at around $9 because of the potential for its e-prescription business; it's now trading above $16. Zix is vying for a piece of the business with a dozen or so other companies, but it's believed to be well ahead of the pack.

With e-prescribing, Zix or one of its competitors gives the docs Blackberries or other types of PDAs to electronically write prescriptions and then send them online to the pharmacies. The e-script companies get paid by transactions fees paid by multiple sources, including pharmacy benefit companies. Key for Zix: Execution.

Don't be surprised if the stock is volatile until the transaction revenues start showing up in more than a token way, something that should start to happen (if it's ever going to) over the next six-plus months. (Sometimes I think if this company succeeds it will be in spite of itself.)

Cleveland-Cliffs (CLF: news, chart, profile): When I first heard someone mention Cleveland-based Cleveland Cliffs a little over a month ago, the stock was around $55 (it's now around $64) and it just seemed such an out-of-step name. But at the time I wasn't paying attention to what had happened in the steel industry or the price of Cleveland Cliff's stock, which had already posted an impressive gain.

The crux of the story: The largest U.S. producer of iron ore can expect to see earnings lift if steel prices and demand continue to rise. While nobody was looking, the company started earning money. My best bullish source thinks this year's earnings will be stronger than even the bulls expect, with the stock going sharply higher from current levels. (Assuming, of course, China doesn't pull the plug on demand.)

M-Systems (FLSH: news, chart, profile): My best source on this, Rich Mashaal of Senvest Capital in Canada, loved the Israeli maker of flash memory chips in the single digits and added more in the low 20s. It's now near $23. Bottom line: He believes the company is in the right place at the right time with the right products. One to definitely watch.

This, of course, is just a Greenberg sampler, but in the very least this should give you a flavor of what to expect as we move forward.

Herb Greenberg is senior columnist for CBS MarketWatch.com, based in San Diego.



To: mishedlo who wrote (11911)4/13/2004 10:26:21 PM
From: rubed  Respond to of 110194
 
Timing is everything
Commentary: Novastar, IPIX, readers' responses

SAN DIEGO (CBS.MW) -- Timing is everything! Such was the case Monday when Novastar tumbled 31 percent on the day it was mentioned here as being on my watch list.

The reason it fell, though, had nothing to do with anything I wrote and everything to do with a story in the Wall Street Journal that focused on controversy surrounding its branch operations in Nevada and elsewhere.

The branches in question are considered the fastest growing part of the company. Novastar (NFI: news, chart, profile) planned a conference call for this morning to further discuss the issue, which it claimed in a press release is a non-issue.

That remains to be seen, but while the investment community is suddenly galvanized on the branch issue, it's just one of several tugging at the subprime lender.

Take fundamentals, which as I suggested Monday are deteriorating. That trend is continuing, according to "production" numbers posted Monday on Novastar's Web site.

Notably, average daily originations of non-conforming loans in March slipped to $29.5 million from $29.8 million in February. Compare that with rival New Century Mortgage (NCEN: news, chart, profile), which recently reported a rise in its average daily volume in March.

The good news, if you can call it that, is that the average FICO score of Novastar's customers held firm in March. It had been falling, suggesting that the company was going downscale and scraping the bottom of the barrel to build new business.

But even that number is suspect, because interest-only mortgages of two, three and 30-year terms represented 11 percent of the month's loan activity. It's unclear how that compares with prior months, because this is the first time Novastar has broken out interest-only mortgages.

On one hand, according to the monthly report, Novastar borrowers with interest-only loans have higher-than-average FICO scores. On the other, interest-only loans are the latest creative "solution" used by mortgage brokers to help people afford more than they should be borrowing as housing prices continue to get puffed up.

The result: true loan quality may be deteriorating more than appears to be the case.

Meanwhile, Novastar's stock shows just how vulnerable high-yielding mortgage REITs can be. Novastar has clearly been in the lead, as investors bid up its shares to a high of around $70 last month.


It was a good game as long as interest rates were falling. But now the concern is that rates will rise, which is reflected in Novastar's recent swoon from around $66 on April 1 to the low $50s; Monday it fell below $40.

Imagine what happens when rates really rise, especially if issues such as those raised by the Journal or those I've mentioned in previous columns ever amount to anything.

The risks for investors, especially those buying Novastar or other mortgage REITS for the yield, go beyond a falling stock. Novastar, at least, has a history of having suspended its dividend the last time the going got rough -- a reminder that with high reward comes equally high risk.

And to show what I don't know: As of Monday's close Novastar was still more than double where it was when I first red flagged it.

Short positions

From the ridiculous to the...: As my colleague Bambi Francisco noted in a story, Internet/homeland security stock IPIX (IPIX: news, chart, profile) zoomed 70 percent Monday, possibly the result of a short squeeze.

But as one IPIX short notes: The company has 9 million shares outstanding and a "going concern" opinion from its auditors, and it recently lost its largest customer, eBay (EBAY: news, chart, profile), which accounted for 87 percent of its business. "If eBay had wanted to own IPIX," this short says, "it could have bought it three months ago for $20 million to $30 million, but it passed. Now the stock has a $200 market cap and it traded more than 65 million shares."

The company's "going concern" woes are spelled out in Note 3 of its 10-K, which prompts the short to ask, "Are these day traders so ignorant or greedy that they wouldn't take the time to read it?"

Who knows, but this much is sure: it's always about the greater fool. After all, somebody paid around $70 for Novastar.

For those keeping score: The Hostile React-O-Meter was spinning out of control Monday like it hasn't spun in years in response to my blurbs on Novastar and BioLase (BLTI: news, chart, profile) in the same column. (Makes me want to do more on BioLase.) There were sparks and smoke coming from the darn, thing, I tell ya, sparks and smoke!

Once again, I can't tell you how great it is being here. I spent the better part of the day answering e-mails, which didn't let up until well after the market's close. MarketWatch's reach is truly remarkable -- far more than I expected. It was great hearing from old sources and readers who disappeared when I did.

I also heard from potentially new sources. It was particularly heartening to hear from the ex-employee of a company that has a history with this column. The employee has the urge to purge -- information, that is! (Every reporter's dream!)

Can't wait to talk with him or anybody else in need of a sympathetic ear. (Wink, wink, nod, nod.)

Herb Greenberg is senior columnist for CBS MarketWatch.com, based in San Diego.



To: mishedlo who wrote (11911)4/13/2004 10:27:33 PM
From: rubed  Respond to of 110194
 
NovaStar brushes off questions
CEO says critics should focus on 'strong fundamentals'

By Herb Greenberg, CBS MarketWatch.com
Last Update: 1:21 PM ET April 13, 2004

SAN DIEGO (CBS.MW) -- Never a dull moment with subprime mortgage lender NovaStar Financial, whose stock rebounded with gusto Tuesday morning, rising as much as 19 percent after the company held a conference call to respond to what it described as a "very uncomplimentary" story in The Wall Street Journal.

Shares of NovaStar (NFI: news, chart, profile) tumbled 31 percent Monday in the wake of the story, which suggested that some of the Kansas City company's branches were in trouble with industry compliance rules. In afternoon trading, the stock was up $5.27 at $42.77 on volume of nearly 4.8 million shares.

In response to the story, NovaStar officials merely reiterated what the company said in a press release Monday: all branches are in good standing.

In a call that lasted well over an hour, CEO Scott Hartman stressed (multiple times) the company's "strong fundamentals" (if he doesn't say so himself) and said that NovaStar will use its financial performance as the "voice" to address its critics.

How will rising interest rates impact the company's business -- especially its securitized loan portfolio? The negative impact, Hartman said, will be "minimally de minimis." (The level of de minimis, of course, depends on how much rates rise -- something that was not specifically mentioned.)

There was also a discussion about the company's lack of a chief financial officer, which was mentioned in the Journal and has been a frequent focus of this column.

Hartman considers himself as the person responsible for the financials, even though the company's treasurer, Rodney Schwatken, is the financial officer who signs NovaStar's Sarbanes-Oxley statement filed with the SEC.

Shouldn't a financial services company as complicated as NovaStar have a CFO? Harman said that NovaStar dropped the CFO title after a restructuring and that its financial strength is its "core competency." He went so far as to brag that NovaStar's financial disclosures are better than its peers.

Which brings us to the company's disclosure regarding interest-only mortgages, which showed up for the first time in March production numbers that were posted Monday on NovaStar's Web site. According to the company, interest-only loans accounted for 11 percent of the month's production. As I noted in my column earlier on Tuesday, they suggest that NovaStar's loan quality may actually be lower than it appears, because interest-only mortgages are the latest creative tool used by mortgage brokers to help people afford more than they should be able to borrow.

Asked by an individual investor about my comments, Hartman responded that he hadn't seen my story but that stressed NovaStar has "underwriting guidelines that manage risks." He said interest-only loans are a "very new product ... and a very small part of what we're originating." (Since when is 11 percent small?)

Hartman was also asked about something else this column has focused on: A Web site billing itself as provider of "independent information" NFI. The site has an entire section devoted to yours truly, topped with a hobo clown's picture. (Actually, I once met the real Emmett Kelly Sr. -- the original hobo clown who died years ago -- and even have an autographed picture of him in my office. I really did and do!)

Reason for the question about the site, I suspect, is that as I've previously reported, the people who run it have gone to great lengths to conceal their identity. Hartman's response about the site: "This is the first I've heard about it." (Is the guy living in a cave, or what?)

One thing he's not oblivious to is short-sellers, who have been hovering around the company's stock for well over a year. Hartman said the shorts and "financial writers who work with them" (who, me?) are entitled to their opinions.

At least he and I agree about something!

Herb Greenberg is senior columnist for CBS MarketWatch.com, based in San Diego.