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2017.10.09 18:04 tampabankruptcy Case law updates of interest to consumer bankruptcy attorneys

Links to articles about recent consumer bankruptcy case law or farm/chapter 12 cases or legal analysis of general interest to consumer bankruptcy or chapter 12 attorneys. No paywall links allowed. Blog posts of law firms allowed if primarily legal analysis. Posts appearing to be substantially advertising will be deleted.
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2024.05.19 22:43 lumpytorta F28 My experience with the US healthcare system since being diagnosed with Ovarian Cancer

TLDR at the end
F28 with Ovarian Cancer I am really struggling with medical negligence not just from one doctor, but multiple. Just an FYI this is a long post about my overall experience since getting diagnosed with cancer and learning I have an underlying autoimmune disorder(s). I’ve been dealing with a lot of discrimination because I’m young and “healthy looking” and doctors constantly dismiss me or discriminate me for some reason and I’m tired of it. I’ve been sick and disabled since last November and I had a great job and was running my own business but lost everything because of negligent doctors and cancer.
I originally posted this on legaladvice because I thought maybe I had a case but at this point I don’t even know if I have a case or not and I’m starting to just accept that this is how this shitty system works. Anyways I thought I’d at least share my experiences with the medical field in the US specifically in LA California. I imagine I’m not the only person who has gone through this and that many people who are struggling with disabilities face these kind of obstacles when navigating the healthcare system here. I’ve had to learn how to advocate for myself and I only hope that my post and experience helps those struggling with their health.
In order for me to advocate for myself I’ve had to basically become just as knowledgeable about my condition(s) to get the proper care. I’ve had to fight for my diagnosis and proper treatment and had I not been looking up my symptoms, possible diagnosis, lab work results, I may have died or came to the verge of it had I fully trusted any of the doctors I’ve come into contact with. Always do your own research using trusted resources and have someone with you who can help advocate for you when you can’t advocate for yourself. Not only am I dismissed for being a female but also for being young and healthy looking despite having serious debilitating symptoms.
For two years I was seeing a rheumatologist for an underlying autoimmune disorder(s) like SLE OR MS and was diagnosed with Rheumatoid Arthritis, Primary immunodeficiency, dysautonomia, fibromyalgia, CIDP and still being investigated for more issues.
In November I decided to go on a LOA because my flares were starting to become more frequent and severe. My psychiatrist was the one who filled out the LOA paperwork for the time from Nov-Dec because I was hesitant to ask my Rheumatologist. I was told by my rheumatologists office that filling out LOA paperwork was $300 out of pocket and at the time I didn’t have that money so my psychiatrist signed it because I was also struggling with my mental health and family issues that time.
I was supposed to go back to work in January but at the start of the new year I got really sick and my flares started to ramp up again so I had to request a new LOA. My psychiatrist couldn’t help me with my LOA paperwork anymore because it was more health related now and told me to go see my rheumatologist. I was still hesitant because of the fee and then when I was about to see my rheumatologist again and get my bloodwork done I got a surprise bill from the lab where I get my bloodwork done for $400 after insurance. They wouldn’t let me get additional tests until I paid the fee and I couldn’t see my rheumatologist until I had my bloodwork done. I made an appointment with my rheumatologist anyways but the soonest I could get wasn’t until after the LOA deadline in March. I also couldn’t get any disability benefits until that LOA form was filled out by my doctor so I had no income to pay for any of this.
I ended up in the Emergency Room on 2/16/24 a little over a week before I needed to submit the forms for LOA and at this point my employer was threatening to fire me for failing to provide the LOA paperwork. I tried explaining the situation to one of my managers but he wasn’t having it and didn’t care.
When I went to the first emergency room I went in for multiple serious symptoms, they knew I had an underlying autoimmune disorder causing the flares and that I had surgery 3 years prior to remove ovarian cysts on my right ovary. I told the emergency room that I had a lot of abdominal pain across multiple areas, I was really weak, fatigued, dealing with vertigo, migraines, blood in stool, persistent bloating, frequent urination, appetite loss, rapid weight gain, insomnia, tachycardia, high bp, neuropathic itch/ polyneuropathy and my symptoms were to the point where I was losing my ability to walk. My partner was holding me the entire time so I wouldn’t fall.
The emergency room did a bunch of tests that included a basic blood panel, physical exam and a CT scan of my abdomen. They didn’t find the bleeding but instead found that I had a complex 14cm tumor on my right ovary which they deemed a dermoid cyst.
When they gave me the news they officially diagnosed me with a “dermoid cyst from birth” even though I countered their diagnosis and told them that was impossible because I had surgery 3 years prior. The doctor didn’t backtrack at all, just stuttered and continued to discharge me because it “wasn’t an emergency” just because I wasn’t bleeding out despite all of my serious progressing symptoms.
I angrily left the ER knowing it was utter BS and deep down I knew it was cancer because of how sick I was. I could literally feel I didn’t have much time but because I looked young and healthy and my basic blood panel didn’t throw up any huge red flags at them even they dismissed me and misdiagnosed me. I wasn’t even given anything to manage the pain.
I even told them I was already on a medical leave and that I’ve been really sick but that it was getting bad and I couldn’t see my rheumatologist. However I didn’t know about the tumor until then. I told them I needed help with the LOA paperwork too and had they admitted me I would have been able to get an extension and still have my job and benefits. I could have started treatment sooner and received disability pay but instead was forced to continue living with this pain. It was so large that I was at risk of torsion rupture and necrosis, Not to mention permanent nerve damage.
The next day I called up every gynecologist I could to see where I could go for the soonest appointment for an ultrasound. I found a doctor who took me as an emergency appointment a few days later and he confirmed it was most likely malignant and that I needed surgery ASAP. I talked to him about my LOA situation too because I was running out of time and I was too disabled to work. He also refused to help me sign my LOA paperwork because according to him, “ovarian cancer can’t cause systemic symptoms and you’re going to need to wait until surgery before I put you on leave”. I told him I had an underlying autoimmune disorder that I think is being exasperated by the cancer and I was just dismissed yet again despite needing someone to physically help me walk so I don’t fall. He also didn’t give me anything for the pain I was in.
I had to turn in my LOA that day but because of this I was forced to resign my position or face getting fired and becoming un-hirable so I had to quit. In quitting I lost everything, benefits, stocks, my job, my health, doctors. I’m now in debt with multiple cc going to collections because I haven’t been getting an income since January and I’m just starting chemo so I have no idea when I’ll be able to work again. I don’t know what to do here. I was going to try to settle my debt but with what money?? I might be forced into bankruptcy for 7 years now.
After I lost my insurance I applied for medi-cal but something with my application in there system wasn’t right and it was in a never ending pending limbo state(Took about two months to actually sort it out and I only sorted it out that quickly because my friend works for medi-cal). I tried waiting it out for two weeks, calling them sorting it out and doing it right by the system but every day I was getting sicker and weaker and I felt I was running out of time as I was bed ridden at this point.
Two weeks later I went to a different ER because at this point I couldn’t sleep, I couldn’t eat and I started getting migraines after doing anything. I was miserable from enduring all the symptoms and never ending anxiety and mood swings of possibly having an autoimmune disorder like SLE, MS and ovarian cancer.
The second ER I went to finally admit me for emergency surgery after a full day of being in the emergency room and they confirmed it was in fact a tumor. It also grew to 20cm by that point. By this time the tumor had already ruptured and twisted my ovary. The entire time I was there though it was a battle. I had been living with this for so long that I was perceiving my pain as a 6 when in reality I had nerve damage and the pain was likely higher. I seemed calm at first but anytime someone came in trying to tell me I was fine I couldn’t hold it together and would start crying because I was at my breaking point. I was suffering and no one was taking me seriously. I had to make it a point that because of the misdiagnosis from the last hospital, I lost everything and was in a position where I couldn’t get any care because of the issue I was having with my medi-cal application. It would’ve been months before I found a PCP, got referred to specialists, confirmed it was cancer, and scheduled a surgery. At one point during my time in the emergency room, the head of the ER came to me and literally told me, “I want to help you but you’re going to have to SELL it to me”. After that I kept having to tell them that my pain was like an 8-10 and that the pain meds weren’t working. They put me on gabapentin which didn’t really do anything for me actually. But then they started giving me morphine and while it helped tremendously I also found out that day that I either have an allergy or a sensitivity to morphine.
Anyways now to my current situation. I started chemo about two weeks ago and my current oncologist is also being negligent.
I found out the other day that she blindly prescribed a medication for nausea that interacts with a medication that I was already on. The interaction is known to cause arrhythmias apparently. During my first week of chemo I was taking both meds and mentioned that my chest had been feeling heavy and I had pain. I was told it was steroids. It continued and then one night as I was falling asleep my heart started to pound really hard for about 10-15 seconds. I told my doctor about it and again steroids.
That same day I went to pick up a prescription and just happened to ask if anything interacted and that’s when I found out that it was a major interaction and I literally could have died had I not luckily already been titrating off of the offending medicine. I stopped taking those meds and immediately the chest pain stopped and I haven’t had an episode like that since.
I am freaked out and don’t want to continue my care with her due to her negligence. This should have been a conversation at minimum and she didn’t even tell me she prescribed it let alone double check for interactions(she had the list of my current medications). I just got a notification from my pharmacy that it was ready. I also didn’t know about the interaction when it was picked up because my mom picked it up for me and she doesn’t speak English very well.
I talked to my care teams assistant and told her I wanted a change of doctors because I didn’t trust her after this and she said she was going to put in the request. They called me yesterday though and said they weren’t going to switch me because I had already started treatment. They refused to switch my doctors despite everything that’s happened even though she literally almost accidentally killed me. I am livid and don’t want to continue with them but they’re giving me no choice but to continue seeing her.
I already set up an appointment for a second opinion but that’s not for another two weeks before the appointment and I don’t want to interrupt the treatment.
I have a rare type of ovarian cancer with a high grade tumor. It was a germ cell tumor called an immature teratoma. They said it is stage 1 but because I had emergency surgery, the tumor had already ruptured, and everything was rushed I don’t feel this is an accurate diagnosis because I have pain in all of the surrounding areas where the tumor was pushing up against. (I also mentioned this to my oncologist but instead of running tests or anything else I was given a psych referral for anxiety because I have an adhd & bipolar diagnosis even though I’ve been stable for years and I wasn’t overreacting in this case). The tumor was exasperating all of my autoimmune symptoms and causing me to be in a never ending flare so my body has been heavily damaged. Im becoming disabled at 28. I have so much anxiety with doctors now because I’m traumatized from my experience with them dismissing me and discriminating against me. Like I’m young so I “must be able to tolerate more”. I have to constantly look up my lab results, medications, conditions, because of how much negligence and dismissal I’ve been dealing with over the years. I’m scared I’m going to die from something preventable and not cancer at this rate.
TLDR: F28 w/ ovarian cancer and pre-existing autoimmune disorders struggling to get care, proper diagnosis, treatment, negligence by multiple doctors, losing everything. US health care system is incredibly difficult to navigate and we need to constantly advocate for ourselves to get proper care in this for profit healthcare system.
submitted by lumpytorta to TwoXChromosomes [link] [comments]


2024.05.19 18:08 Background-Chicken-7 Let’s talk about the founder of FFIE - YT Jia

Foreword: First of all thanks for having a positive community here. I am from the far east so apologies for my poor use of English in advance. I hold about 14.8k shares myself and believe this is gonna be a long war. So I guess it’s wise for us to understand a bit on what (or who) we are actually investing in. Treat it as a casual read if you wish. This post might be an unpopular opinion. Also most of contents below are researched on Chinese websites. I am merely a translator and this is not an investment advice at all. Also please point it out if any of the contents are inaccurate.
TLDR: YT Jia doesn’t have a good reputation here with his previous business (LeTV) in China. FFIE’s main selling point now is that they are the only Chinese EV manufacturer based in the US. Few days ago Biden imposed a 100% tariff (up from 25%) on EVs from China, and it might be possible that Chinese EV manufacturers will seek collaboration with FFIE to bypass the tariff.
Yueting Jia (YT Jia) is a businessman from China. He was the founder of LeTV in China in the 2000s.
LeTV first started as an online video sharing platform in 2005 and later on streams movies, TV programs and even livestreams sports events (Just imagine it was the Youtube and Netflix of China, but not as successful). LeTV was listed in China in 2010 and declared that they already achieved breakeven back in 2008.
In mid 2010s LeTV stated their intentions of building EVs in China and the US. Faraday Future was founded in 2014 by YT Jia and he left LeTV (but still the business owner I believe) and physically left China (and never returned) in July 2017 to focus on the EV business (he claimed). LeTV was in deep financial troubles and media start reporting in Oct 2017 that the IPO in 2010 was a financial fraud (No way that the company was breaking even back then).
He was on the national debtor blacklist in Dec 2017 as he ‘escaped’ China and left all his debts behind. All assets were froze by the CCP government. He received a CNY 241M fine in 2021 for financial fraud from 2007-2016 at LeTV.
Meanwhile in the US, FFIE and Jia himself weren’t doing any better. FFIE was originally backed by Chinese real estate conglomerate Evergrande in 2018 (for around USD $700M). The first payment of USD $500M was spent (or disappeared) without any explanation or justification to Evergrande, and they brought Jia to court for the lack of financial transparency in FFIE. After the court case, the court froze Jia’s assets and stakes in FFIE and he personally filed bankruptcy in 2019.
Fast forward to 2024, Jia filed a court case against his former employee Lei Ding. Ding joined the EV segment of LeTV back in 2014 and followed Jia to FFIE in 2015. He left in 2017 and set up his own EV company (HiPhi) in China. HiPhi targets the high end Chinese EV market with car models selling at CNY 600k-800k price points. They were actually sensational in China and sold around 10,000 cars in a few years time, but eventually stopped production in 2024 due to lack of funding.
Jia sues Ding in 2024 for stealing FFIE’s intellectual property and business confidential information to use on HiPhi EV products. What I wanted to point out here, is that if FFIE really takes off with our support and Jia isn’t a scam at all, their products may actually look like HiPhi. Search The Faraday Future FF91 on Youtube channel ’Vehicle Virgins’ and Hiphi X on ‘carwow’.
Recently Jia starts livestreaming on his social media platforms, mainly on commenting his competitors (e.g. the highly successful Xiaomi SU7 EV as well as the HiPhi cases). Rumours believed that he wants to leverage on his personal reputation to generate extra income from livestreaming, as well as media exposure for FFIE to collaborate with Chinese EV manufacturers in future.
Biden imposed a 100% tariff (up from 25%) on Chinese EVs to protect US jobs on 14 May. It coincided with the uprise of FFIE stocks. The Chinese commentators are linking FFIE with the tariff lately, claiming that with FFIE’s infrastructure and establishment in the US, and Jia’s connection and experiences with the Chinese market, the Chinese EV companies may use FFIE as a platform to launch and even manufacture EVs in the US.
With Jia’s track records, he’s not a popular figure in the Chinese world. Most of the Chinese-language forums are bearish on FFIE’s future, and personally I am still not fully convinced on FFIE’s long term future.
What I have faith on is Jia’s business insights - be it LeTV back in the 2000s when video streaming is still not a thing at all in China, or introducing EVs in 2014 when Tesla and the concept of EVs are still relatively new to China. With the huge support here, media coverage and all that financial indications (looking at the short interest and everything), I believe we can achieve something out there and hence encouraging everyone to study about what we are actually investing in.
If you read til here, thank you very much for your support. I type everything myself (with no bots, no Google translation, no Chatgpt nothing) and I am not a bot. Just here to share my insights and wish everyone of us are well informed on our investment decisions. It’s our hard earn cash that we are investing in and we shouldn’t treat it like gambling. Again this is not investment advices and I can’t say I really like FFIE, but I like this community and all the positives you all contributing, so thanks all for reading this, supporting each other and wish us all a successful fight on Monday and onwards. HODL 💎🙌🏻
submitted by Background-Chicken-7 to FFIE [link] [comments]


2024.05.19 11:10 Big-Needleworker335 I just dawning on me that I’m being used…

For background context, I’m 33, gayer than christmas, and a nervous wreck.
Since 2019, I’ve experienced the death of (In order) my Step Dad, Grandmother, Sister, Mom, older Brother, and Step Mom. After my Grandmother passed, a sizable Family Trust was set up for me and my Dad. After my Mom passed, the state gave me custody of my little brother, so I used some of that money for a down payment for a nice house in a nice area— I wanted to get something stable and safe-feeling for my brother after such a tumultuous early childhood.
My husband has always tried to be supportive, or so I thought. I keep looking back though, and all I can remember are the times he’d give me shit for going to visit my grandmothemom when they were fighting their cancer battles. At one point, he even tried convincing me that my Mom was faking her illness, I think because he just didn’t like the area she lived in— a fairly ‘rough’ trailer park. He’s never had a job. I’ve tried here and there, but my depression always sucks me back underwater, and the Trust has effectively cut me off which lead to a wonderful case of ch 13 bankruptcy.
A year ago, I worked up the courage to try and file for divorce. Talked to an attorney, paid the retainer…. And then his dad (a family attorney himself) started listing all the ways he could have my little brother removed. I caved. I can’t lose my brother. I told myself that I was the problem somehow, and dropped the whole thing.
This past Tuesday, I woke up in crippling abdominal pain. Told the husband, who said he needed a shower. I waited ten minutes before I just grabbed my keys and left with a quick text on the way to urgentcare. I stumble into the waiting room and promptly pass out, night-night style. I guess they werent equipped to deal with that kind of thing because I then woke up in an ambulance (with the HOTTEST ems, I stg) being taken to a hospital. My phone is dead. Car is left at urgentcare. No idea where tf I’m being taken. Get rushed into a room and then get left for 30 minutes alone, bawling my eyes out with the thought that the cancer that took half my family has finally come for me. A nurse is kind enough to lend me her charger. My phone turns on… no calls or texts. Nothing. I call the husband who is asleep, irritated that I left without him, and that I woke him up. I don’t fight, I just tell him whats happening and where I am. A few agonizing hours later, I hobble out waiting for him. The last of my phone juice goes to the location I send him, and then I wait. And wait. And wait for two more hours (The hospital is 15 miles from our house).
I am a broken human being. Each death of my family chipped a little away, and on top of having to financially support myself, my teenage brother (who is a BLACK HOLE OF FOOD), and my… I gotta say it, my deadbeat husband… Underneath all of that, its hard to find the energy for.. anything, really. I just want to be happy again. I just want to feel like I have the freedom to heal. But I dont know where to find the strength to start. Therapy only goes so far, and meds only do so much. It takes action on my part, but I have no action left in me. I’m so tired. I miss my family.
submitted by Big-Needleworker335 to abusiverelationships [link] [comments]


2024.05.19 06:41 albert1165 Only 5% of Vietnamese people know the truth about Vinfast ...

due to Vuong Pham's complete control of the Vietnamese media. He censored all the bad news so what appear to the clueless general Vietnamese public is a shinny VF3 and other Vinfast cars as if they are normal cars from a normal car company. Not.
Here are the list of things Vuong Pham censored in Vietnam i.e. no official media is reporting these newsworthy facts and truth:
1/ Vinfast is not a normal car company: it is a company teetering on the verge of bankruptcy with an astronomical debt, $9.3B total and $5.8B short term, huge yearly loss of $2.4B, negative $2.7B equity, only $123M cash, and only miminal real sale (about $450M in 2023) where 80% of total sale are stuffing to GSM.
2/ Vinfast cars are not normal. They are very buggy with 15 cases of VF8 with broken front wheels. With the low number of cars on the road, the rate is very high, highest among all car brands.
3/ Numerous battery dead problems.
4/ The news of the Pleasanton crash killing 4 people in a burning VF8.
5/ The real world's range of VF3 is only about 120-140km, where the fake range 210 is the unrealistic NEDC standard.
6/ The news of Vinfast did not pay rent to Stanford Mall for a year.
7/ The news of the two ongoing lawsuits: class action lawsuit and the steel lawsuit.
8/ Vuong Pham sold cars in Vietnam at a much higher price than in oversea market, despite only 3% special tax and no import tax for full cars (only minor tax for parts), effectively milking Vietnamese to subsidize oversea customers.
Vuong Pham is all out attack with a media blitz of the VF3 right now and is pumping the stock VFS / VIC / VHM full force, hoping that the Vietnamese public is still under his spell due to complete media control that no bad truth can reach the public. North Korean style. The tiny VF3 brouhaha is his last attempt, the swan song of Vuong Pham. News about new plant in Indonesia, expansion to Malaysia, the Phillipines etc... will continue to churn out to keep the media from being dried, but of course, with no substance because Vuong Pham does not have the money and the cars are not competitive anywhere else.
Well, many of these Vietnamese people are just clueless, not their fault but due to Vuong Pham's censorship, and the number of people who buy a Vinfast car will be much less if they know the truth, that Vinfast is a technically bankrupt company selling a buggy car.
Poor Vietnamese living in a communist country with propaganda and censorship.
Well, in this sub, we know the truth, a tiny population of only about 3900 people vs 100M Vietnamese + 400M American out there.
Good to know the truth.
Mean while, time will do their force when it is due: Vinfast will crumble under the weight of ever increasing debts and loss.
Just a matter of time.
submitted by albert1165 to VinFastComm [link] [comments]


2024.05.18 20:10 BigHugeSpreadsheet Other party is going for a max payout and is doing everything right to get it. What is the max payout you seen from a soft tissue claim?

Two years ago, I rear-ended another car that slammed on their brakes on a very windy highway in California. There was just a small dent in the front of my car and there was a decent size dent in the back of their SUV (which the insurance company ended up replacing for them) There was a family in the other car, including a father two or three kids and a pregnant woman. Everyone seemed totally fine at the time and everyone walked away and drove home. No ambulances or cops were called but the father was understandably very angry at the time and specifically told me “sorry isn't gonna cut it for this pal”.
I don’t hear anything for two years but the other day my insurance called me and let me know that the guy has lawyered up and has been taking his family to the chiropractor for two years for soft tissue damage treatment. They told me they think he’s likely to sue at the end of the statute of limitations in about a month. His lawyers haven’t sent in a demand yet because I imagine they want to document the chiropractor appointments as long as possible.
I withhold my judgement on whether this guy is a fraud or not because I don't know him well, but I do know that every study says that chiropractor treatments are not really effective for soft tissue damage, and a chiropractor is typically not the type of professional you want to see if you actually have real pain that you actually want resolved. Chiropractors are however a good way to cheaply document pain for a court case (whether real pain or imagined).
From his LinkedIn it seems that he has been unemployed for the last several years (he may be has savings from the sale of a company though) and has a family to support so I could see how he would want to take this case for everything it's worth.
My question is, whether this guy is a fraud or is actually experiencing pain, he is obviously doing everything right to get the biggest settlement possible. Assuming he continues to do everything right, would you say his case is likely to exceed my 100/300 coverage in Orange County California? Have you seen cases like this before were the plaintiff does everything right even though there is no verifiable evidence of a medical issue and if so how have they paid out?
I also will likely have over 2 million in a Roth IRA in around 6 months (which is only protected from bankruptcy only up to 1 million in California) at what point in the court process will they be able to see the assets I have? He probably doesn’t suspect I have assets yet because I was in a $2000 car when I hit him. I’m honestly thinking of moving to Texas for 2 years to get the additional bankruptcy protection offered there (unlimited protection for a Roth IRA) and I know these cases can often go for that long.
TLDR: What is the biggest payment you’ve seen in a soft tissue damage where there is no physical evidence of an injury but the person keeps going to a chiropractor for years? This guy is likely to get it. Also at what point can the other party see your retirement assets?
submitted by BigHugeSpreadsheet to Insurance [link] [comments]


2024.05.18 18:52 JordonGonzales Simple Summary and Your Recovery Steps

Seems that forums are visited in waves by different demographics so perhaps not everyone is easily finding certain info.
Want to try to have a simple post that we can summarize what's up and what to do. I'll try to update with suggestions and as appropriate info comes available.
Updated as of 5/19/24 9:41 AM CST
Template I used for my communications - can modify and will update with appropriate suggestions:
I bank with [Yotta/Juno/Copper]. This is actually a type of fintech which is a front end platform (not a real bank). They use other companies to provide the actual banking services behind the scenes. One of which is called Synapse. Synapse primarily parks funds in other banks such as Lineage, AMG, Evolve. This past week, at least one of those banks, Evolve, put a freeze on all funds and transactions. Synapse is in bankruptcy court and made some poor decisions - not providing settlement records, reports and ledgers so that postings of daily transactions can continue that satisfy Evolve's needs.
There is, unfortunately, no major news coverage other than a few articles listed below and a very active Reddit board as of the last week or so since the freeze has occurred.
At this time, I would appreciate if [LendeCompany] would be merciful in regards to missed payments and related consequences (fees/interest/negative reporting). This is entirely out of my hands. The funds are there to make my payment, but frozen for a reason outside of my actions and control. I have no way of paying bills, paying for groceries and rent outside of leaning on credit cards while I try to rearrange future funds and recover my budgeting.
I appreciate you being a helpful and understanding partner during this time.
https://www.forbes.com/sites/emilymason/2024/05/14/judge-says-up-to-20-million-fintech-depositors-are-at-risk-from-synapse-bankruptcy/
https://fintechbusinessweekly.substack.com/p/theres-a-bank-run-thats-going-to?utm_source=share&utm_medium=android&r=2k65kb&triedRedirect=true
https://www.reddit.com/yotta/
https://www.forbes.com/sites/emilymason/2024/05/17/federal-bank-regulators-wont-rescue-fintech-customers-caught-in-synapse-bankruptcy/
https://www.getevolved.com/about/evolve-responds-to-fridays-court-hearing/
https://medium.com/synapsefi/addressing-evolves-misleading-press-release-8e8b77850a7a
submitted by JordonGonzales to yotta [link] [comments]


2024.05.18 17:32 CH13_Throwaway Auto Financing Tips

On a throwaway because my self-esteem is already bruised to shit.
Currently in an open chapter 13 bankruptcy case. My income is over the limit for chapter 7 which has shot me in the foot multiple times… including procuring financing for a vehicle.
I will be surrendering my car as it has way too many things wrong with it so I will have no trade in and ideally no more than $500 down. I had some numbers run with a dealership in the area and the interest came back at 19.9% on a decent used vehicle which sent my monthly payment over $600 a month which my attorney and trustee will surely deny. I expected it to be high but holy shit.
I took a step back and figured leasing might be a better option for 3 years which my attorney said is okay. Well apparently nobody wants to lease (especially to someone in an open bk case) because their profit margins immediately are not worth their time and effort.
Long story short, does anyone know a place in greater GR that will either lease to someone in my situation or has some decently priced, reliable vehicles with guaranteed financing? Feeling defeated as hell.
submitted by CH13_Throwaway to Bankruptcy [link] [comments]


2024.05.18 17:13 Rainyfriedtofu Nasdaq's rules and Clov Delisting: beating a dead horse deader

Hello Fellow Apes,
I just want to take a quick moment to revisit the Nasdaq's rules and how it would pertain to Clover Healthcare's delisting procedure. I want to do this for two reasons: 1) I want to get ahead of the short sellers' FUD thesis, and 2) I want to revisit the post I made a month ago called "Nasdaq's rules and procedures pertaining to Clover Health." https://www.reddit.com/Healthcare_Anon/comments/1bx2eeg/nasdaqs_rules_and_procedures_pertaining_to_clove
Currently, retail short sellers do not have a basis to spread FUD (fear, uncertainty, and doubt) about Clover Health (CLOV). Additionally, my recent post has highlighted the coordinated efforts to short the stock and brought attention to the fact that a group of us has been reporting activities on the Clover Health subreddit to the SEC and Clover's Investor Relations.
https://www.reddit.com/Healthcare_Anon/comments/1ctvrx7/clov_as_a_meme_clovs_reddit_and_andrews_recent/
In short, our filings with these entities revealed a high correlation (R = 0.97 with a P-value of 0.001) between the "dog whistle" share price and the actual share price of the stock after running statistical tests. Our dataset covered several months. An R value of 0.97 in a correlation test indicates a very strong positive linear relationship between the two variables.
Additionally, contrasting this with the recent meme stock frenzy fueled by figures like Roaring Kitty and Ryan Cohen, hundreds of thousands of people have lost substantial amounts of money due to the activities of retail short sellers. Unlike institutional traders, there are currently no sufficient laws or enforcement mechanisms to regulate these retail short sellers. This lack of oversight prompted us to start documenting and collecting data on Clover Health (CLOV). Our goal is to contribute to the end to such predatory market manipulation behaviors. Companies such as AMC and GME are doomed to fail. However, the case with Clov is different because the company is profitable, sustainable, and gearing up to expand and address the changes to healthcare.
https://www.cnbc.com/2024/05/17/gamestop-shares-fall-after-it-files-to-sell-securities-says-first-quarter-sales-declined.html
I know what you guys are thinking, "Why are you bringing this up again?" Do you guys remember one of the procedures for Nasdaq's delisting that I wrote a month ago?
"When a company listed on the Nasdaq stock market receives a notice of noncompliance, it means that the company has failed to meet one or more of the Nasdaq's listing requirements. The timeline for potential delisting following a noncompliance notice varies depending on the specific rule that has been violated. Generally, companies are given a compliance period during which they can regain compliance with the Nasdaq's listing standards. This period can range from 30 days to 180 days, or sometimes even longer, especially if the company decides to appeal against the delisting decision or if the noncompliance is related to financial or reporting issues which have specific cure periods.
After the compliance period ends, if the company has not regained compliance or has not made satisfactory progress towards compliance, as determined by the Nasdaq, the exchange may issue a delisting notice. The company can appeal this decision, which may further extend the process. Currently, Clov has several good reasons and evidence to further extend the process. However, I cannot speak on this because of two reasons:
  1. It's uncertain whether Clover Health's Investor Relations (IR) team will instruct their legal team to formally present their reasons for noncompliance to Nasdaq. They have legitimate reasons, including being targeted by retail short sellers, but I'll not delve into those details in this post.
  2. Considering Clover Health's financial situation, as evidenced by their 10-K reports and their operational runway, it's possible they may not need to utilize the full 180-day grace period before appealing Nasdaq's notice. Moocao plans to conduct a detailed analysis (DD) of their financial statements, which suggest the company is in a strong position. The launch of their Software as a Service (SaaS) platform and the anticipation of approximately $100 million in revenue could potentially disrupt the strategies of retail short sellers, possibly leading to their financial downturn. However, the outcome of the first quarter's earnings report (Q1 ER) remains to be seen, presenting Clover Health with two potential paths forward. I'm only speculating SaaS contracts because why would you hire SaaS staff, request to generate more shares to pay those staff, and not have work or activities for them to do right now? This is a lot of money to spend on something that have no contracts. Therefore, I speculate they will announce their SaaS the same way that they announced their home care last year."
Looking at the current situation, Clover Health has ample time to comply with Nasdaq's regulations for several key reasons--almost unlimited:
  1. Strong Financial Health: The company is performing exceptionally well and is far from facing bankruptcy. Despite this, short sellers have excessively shorted the stock, pushing it to levels suggesting financial distress, and they have coordinated efforts to sway public sentiment negatively. https://www.reddit.com/Healthcare_Anon/comments/1cp786f/clover_q1_2024_earnings_analysis_earnings_call10q/
  2. Proactive Measures: Clover Health is actively working to enhance shareholder value, including implementing a share buyback program.
  3. Prepared for Appeals: We have already prepared the necessary reports for Clover Health to file an appeal with Nasdaq, should it fail to meet compliance standards within 180 days. However, given the company's current trajectory, it's unlikely that an appeal will be necessary as we anticipate Clover Health will regain compliance soon.
It's important to note that the likelihood of Clover Health facing delisting or needing to perform a reverse stock split is minimal. In a somewhat ironic twist, we owe a debt of gratitude to the retail short sellers. Their consistent manipulation of the stock has inadvertently provided crucial evidence. If they hadn't driven the stock price below bankruptcy levels and engaged in aggressive trading strategies against market-making algorithms, we might not have identified key areas to focus on. As the saying goes, sometimes not getting what you want can indeed be a blessing.
I'll provide a more detailed write-up later, but for now, I wanted to reassure you that the potential for Clover Health's delisting or reverse stock split is very low. The delisting and reverse stock split are the only kind of theses I anticipate the brigades can make. Otherwise, the only thing that they have are memes.
submitted by Rainyfriedtofu to Healthcare_Anon [link] [comments]


2024.05.17 23:06 YYOSA What exactly do I need to do?

What exactly do I need to keep a record of if anything?
A while back I had some play money and decided to go in on BBBY via Robinhood. After bankruptcy the shares disappeared and went OTC but I never followed up. Do I need to hold a record of anything in case something were to happen? I’ve moved on and I’m only on GME now but I keep hearing lingerings of BBBY every so often. I have no idea where the shares went, if they were sold, what rights I have (such as knowledge of how/when they were sold) etc.
submitted by YYOSA to Teddy [link] [comments]


2024.05.17 23:03 djmahaz I Got My Coins Back!!!

I think I made almost 10 posts here bitching out Celsius and Coinbase over the past few months. But today, I finally got my coins back, in full crypto, in my Coinbase account. I'm still refreshing the page to make sure it's real.
Last week, Celsius asked me to let them know if I had a customer service ticket with Coinbase. I did, and I told them the case number. I didn't think much of it but somehow I got my money today.
I got about about 90% back at today's BTC and ETH prices. I was all in stablecoins at the time of bankruptcy. I have no intention to sell and will move my coins into a cold wallet.
For everyone still awaiting their distribution, don't give up hope. Keep fighting for it.
submitted by djmahaz to CelsiusNetwork [link] [comments]


2024.05.17 22:43 gordodendron Facing eviction

I've been behind on rent for months, really for the better part of the last year or two getting it paid by the end of the month either on my own and/or with assistance from friends/family or local charities. Finding gainful employment has been difficult living in a college town with limited opportunities for various reasons. My main source of income has been delivery driving on a few gig apps but it's just not sustainable, on top of managing mental health struggles as best as I can despite therapy and meds.
I got a great job back in Feb that I tried getting for 4 months before I finally heard from them (no other callbacks from applications in the meantime). It was $19/hr full-time, benefits day 1, relatively easy packaging job at a local beer brewery with a rotating schedule. Everything was going fine until only a month in I was suddenly let go for "unprofessional behavior" with no explanation or anything addressed beforehand. I live in an at-will state so I know they didn't need to provide any reasoning, and I also couldn't qualify for unemployment because I hadn't earned enough in the previous 18 month period to qualify per the criteria.
I started applying for jobs the same day after I got home that morning and continued delivery driving, but haven't been able to make enough to pay rent aside from a few hundred for April, with the balance rolling over into May. I was notified via email from my landlords that the full balance would need to be paid by today 5/17, or they would file eviction Monday 5/20. This happened last Sept and I was able to get help from a local charity that covered the balance and more to give a bridge, so I can reach out to them again on Monday if I get the notice to see if they can help again but afraid to hold my breath on it.
I was finally able after 2 months of job hunting to get a part-time job that I started this Monday and will get my first paycheck on or by the 31st and also make up the difference to delivery driving to cover the balance, which I left a message today with my leasing office before going into work in case they're willing to accept that or proceed with the eviction process. Either way this is all I can tell the court unless a charity can help.
Part of me wants to accept it and leave, although I'm concerned about how I'll handle it mentally having to find a place to live in a few weeks, the physical move itself, downsizing, etc and all the stress and logistics that come along with that, as I plan on filing bankruptcy anyway in the near future or whenever I'm able to afford the ~$500 to start it. The reason for filing will be to also relieve a very upside down car loan, as well as medical debts. So it would resolve the eviction as well, and while a bankruptcy won't look good on my credit, it's already tanked anyway so rebuilding from the ground up is the plan regardless.
However I obviously don't want to lose my home of the last 4 years, but I'm not confident my landlord will be comfortable accepting this situation again. My lease was renewed automatically for 6mos, ending again on/around the new year, which I do want to uproot again anyway. It just sucks that this may be happening in this way much sooner.
This is mostly a vent, but I'm just tired of the struggle and don't really know where my head is at anymore.
submitted by gordodendron to povertyfinance [link] [comments]


2024.05.17 20:07 tareekpetareek Manpasand was an accounting fraud with beverages on the side

Manpasand was an accounting fraud with beverages on the side
Original Source: https://boringmoney.in/p/manpasand-an-accounting-fraud (my newsletter Boring Money. Do visit the original link and subscribe if you'd like to receive similar posts directly in your inbox)

Let’s say you’re a company that wants to commit an elaborate fraud. What is the most egregious fraud that you can think of?
Maybe let’s not start with egregious. Let’s start with something simple! Here’s something that’s reasonably common:
  1. Pay people to buy your product (or like give them huge discounts or whatever). Inflate your revenue. Lie about your actual customers.
  2. Hype your company up. Do an IPO, take your company public. Sell some of your own stock.
  3. Slowly try fixing your numbers. If you happen to succeed, that’s great! You win. If you don’t succeed, you still win? You’ve done your IPO and sold some stock. That’s a lot of money.
This is the simple kind of fraud, which also makes it difficult to identify. You might have to talk to the company’s customers, read the fine print in its disclosures, do sanity checks of its financials, that sort of stuff. It’s tough to catch the simple kind of fraud, which is also why so much of it exists in the form of whispers and rumours without ever getting proven.
Now let’s go egregious:
  1. Why pay people to buy your product? Hell, why even have a product? Just manifest in your imagination that there are hundreds of thousands of people buying whatever you’re selling and write it down.
  2. Hype your company up! Do an IPO, sell some stock. This part remains the same.
  3. Don’t bother fixing your numbers. Instead, keep publishing imaginary revenue figures. Keep selling stock to public investors. Publish your financials every quarter with whatever numbers you like.
If you do this, there’s only so far you can go. Eventually, your hype will attract attention and someone might figure out that both your customers and product were creative imagination.
Here’s a SEBI order from late in April about Manpasand Beverages. Manpasand used to be a beverages company based in Gujarat. In 2019 the company shut down because it got caught in a bunch of frauds. It’s only now that SEBI published the details of what was happening. Probably best summarised by fund manager Amit Mantri: [1]
https://preview.redd.it/o85shr8p3y0d1.jpg?width=603&format=pjpg&auto=webp&s=26ace208d28eae2bb2401449f9b1dcc6bd1eefd0

Fake it till you make it (or don’t)

Manpasand faked its revenue (of course). It also faked its expenses, customers, vendors, tax liabilities, etc. How did it get away with doing this stuff? I don’t know, someone’s gotta ask Deloitte. They were Manpasand’s auditor for eight years, resigning only in 2018. The company’s fraud came out officially in 2019—Deloitte, whose job was to make sure the books were right and also had access to all the inside information, figured that something was off only a year earlier!
Anyway, SEBI appointed its own auditor to figure out what was wrong with Manpasand’s accounts and the auditor came back with a bunch of stuff. [2]
Here’s the bit about Manpasand inflating its revenue. From SEBI’s order:
… CGST vide letter dated July 07, 2019, inter alia, informed that Manpasand had shown inflated sales figure in its balance sheet by way of receipt/ supply of fake invoices without actual receipt/ supply of goods. It was further informed in the said letter that Manpasand had floated 38 bogus/paper firms to inflate its turnover and that inward and outward transactions made with such bogus firms amount to Rs.188.48 Crore and Rs. 691.30 Crore, respectively.
Manpasand created 38 different companies and it both “sold” its products to those companies as well as “bought” stuff from some of them. Basically, Manpasand created real companies to play the role of its customers and vendors.
… it was observed that the parties with whom transactions amounting to Rs.29.84 Crore were entered into, were not registered for dealing in the said goods/products being manufactured by the Company. Further, there was non-receipt of sale considerations and debtors balance were adjusted by passing journal entries
Manpasand was a beverages company that was selling stuff to its customers. Traditionally a company like Manpasand might have distributors as customers but Manpasand’s customers were registered as something else entirely (I do wonder what, the order doesn’t mention it). These are fake customers that Manpasand created out of thin air. Establishing companies is quite a bit of effort! Why half-ass the part where you select the “business type”? I sort of understand though. I’ve done it too. Put so much effort into something that you’re bored by the end that you muck it up.
I’m kidding! The real reason is probably that Manpasand wouldn’t have actually created these fake companies itself. There would be a middleman who would have them made in advance, all ready to go whenever needed to do fraud.
Manpasand propped up its sales as well as its expenses by pretty much just funnelling money around from one entity to the other. In some instances, it wouldn’t even move real money around. It would just note down that it had to pay one company, and had to also collect payments from another company, and then cancel each other out. Manpasand was running its accounts on Splitwise.
In general, there is nothing wrong with a company having such set-off arrangements. If you know your creditor owes money to your debtor, sure, cancel those transactions out. But how likely is it that a company’s suppliers and distributors know each other? And transact with each other?
This post is public so feel free to share it.

All except death and taxes

If you’re planning to do some accounting fraud, here’s something to keep in mind. I mean, I’m not not recommending that you do fraud, but if you do have your mind made up I might as well pass this along. Fake your sales, that’s fine. Fake your expenses, that’s fine too. But don’t fake your taxes, those guys will come after you.
In 2019 right before Manpasand shut down, GST officials raided its offices and arrested the CEO, CFO and a director. If you think about it, one of the reasons Manpasand got away with its fraud for as long as it did was that its accounts looked reasonably realistic. Deloitte made sure of that! Manpasand didn’t just arbitrarily put in fake numbers, oh no. It showed transactions to back them up with actual companies.
But any sales or purchases bring with it a cute goods and services tax, and the GST folks don’t care all that much about the fact that your sales are real. They’d like their share anyway. And not the GST you owe them, but because of how GST works, they would also want the GST your vendors (and your vendors’ vendors) might owe them.
GST has this magical thing called “input tax credit” which is basically the GST council giving you magic points every time you pay GST as a customer. Say, you buy some glass to make some marbles. You pay GST when you buy that glass, and you get some magic points. When you sell your freshly manufactured marbles, you collect GST from your customers and can redeem those magic points which you got earlier to reduce the GST you actually pay. (This isn’t tax advice so don’t come after me if you mess up your taxes because of anything you read here.)
These points are nice because they help save tax. But a basic requirement to use these points is that the company you bought your glass from has to have paid their fair share of GST in the first place! You only get the points if they’ve paid their tax! In Manpasand’s case the vendors it was dealing with existed solely for the purpose of enabling accounting fraud. Of course they weren’t going to be paying any tax. And yet Manpasand was claiming the magic points and reducing the GST it paid. These fake magic points is how the GST people figured out that there was something very wrong happening.
If the GST raid hadn’t happened, would Manpasand have survived as a company? Absolutely not. But would it have survived longer than it did? Probably.

Roll over, it’s a takeover

Things have already been a bit bizarre but what follows next is absolutely basket case. Here’s a section of Manpasand’s response to SEBI. From SEBI’s order:
The Company is a victim of a pre-planned, fraudulent scheme and conspiracy perpetrated by Finquest Financial Solutions Pvt Ltd (FINQUEST) wherein under the garb of promise to provide working capital worth Rs.100 Crores, six documents were executed by and between MBL & FINQUEST. Within a span of two and a half months, it was clear that this entire so called transaction of providing working capital loan was nothing but a mere play to gain the entire control of MBL which is having asset base of around Rs.625 Crores…
Finquest is an NBFC that lent money to Manpasand right after the GST raid happened and its officials were all in jail. Manpasand is claiming that Finquest’s goal wasn’t to just lend to the company and earn an interest income out of it, but to take over the company itself. Manpasand claims that Finquest defrauded it and even calls whatever they did a “hostile takeover”.
Let’s humour this idea for a bit. If you’re a listed company worried about a hostile takeover, you’d look at who’s buying your stock. That’s the normal way for hostile takeovers to work. You wake up one day to realise that Elon owns 9% of your and immediately fall into a state of panic. If you don’t own enough of your company, Elon just might.
Another hostile takeover could be by a distressed debt investor. You may have taken a loan from some banks or whoever some time back. The banks would’ve sold your loans to outside investors. But then because you’re in tough times, the investors would want to rid themselves of your loans at a discount. This distressed debt is then caught by investors trained in the art of recovering dollars from pennies. If you can’t repay your loans to these guys, they would be more than happy to squeeze it out of you.
This is what happened with Byju’s US unit. But really, hostile takeovers aren’t common with distressed debt investors. They don’t want to run your company! They want their money back with some (a lot) of interest. [3]
Finquest lent to Manpasand, it didn’t buy its stock. So maybe this was the second kind of hostile takeover, the distressed debt kind? Well, here’s Abhishek Singh, then director of Manpasand in an interview with Business Today back in 2019:
Business Today: Dhirendra Singh [the CEO] has accused Finquest of a hostile takeover bid, while Finquest claims that it was always mentioned in the term-sheet that the company will be managed by a professional team until its money was parked with you. It will be nice to get your side of the story.
Singh: Whatever amount has been transferred by the Finquest in the bank account of MBL was done in the new account opened by FFSPL's representatives in the name of MBL. The control of this new bank account lies with FFSPL's representatives. FFSPL was allowed operational access to business of MBL and not financial access, as per the term sheet dated July 3, 2019.
…As per the term sheet dated July 3, 2019, FFSPL had right to nominate two directors on the Board of Directors of MBL, which shall constitute minimum one-third strength of the Board. Pursuant to this clause, FFSPL appointed three directors instead of two. The total strength of the board became six directors, one-third of this comes to two. Thus, one more director being a nominee of FFSPL was appointed.
… What? Manpasand borrowed money from Finquest but the bank account where the money came in was controlled by Finquest? And Finquest got “operational access” (whatever that means) as well as a third of Manpasand’s board seats? This isn’t a hostile takeover! It’s a lamblike takeover.
Honestly, I get it. Manpasand’s CEO and others were in jail. The company needed money. The only lender willing to lend to a shady company whose executives are in jail would be a shady lender. And that shady lender was Finquest—which, by the way, had done something similar before—but Manpasand took what it got.
If there’s a second “don’t do this if you’re doing fraud” lesson in this, it’s this. Don’t borrow from a loan shark!
Footnotes
[1] A nice factoid is that Amit Mantri was the first to point out that Manpasand was manipulating its numbers all the way back in 2016. They did some really good on-ground research!
[2] The auditor that SEBI assigned to do this, Chokshi & Chokshi, came back with 12 findings from Manpasand’s accounts. But I think I found a couple of mistakes? It wouldn’t in any way affect SEBI’s conclusion on Manpasand, but I find it funny that a story which is essentially about an auditor’s massive failure to do its job also has an auditor that probably wasn’t too careful themselves? I’ll probably write about this in a future post.
[3] A distressed debt investor would prefer to take over a company to be able to put it into bankruptcy so that it can sell the company’s assets and recover its money. That’s very different from what the kind of takeover that Elon did of Twitter.
Original Source: https://boringmoney.in/p/manpasand-an-accounting-fraud
submitted by tareekpetareek to u/tareekpetareek [link] [comments]


2024.05.17 20:05 tareekpetareek For finance enthusiasts here: Manpasand was an accounting fraud with beverages on the side

For finance enthusiasts here: Manpasand was an accounting fraud with beverages on the side
Original Source: https://boringmoney.in/p/manpasand-an-accounting-fraud (my newsletter Boring Money. Do visit the original link and subscribe if you'd like to receive similar posts directly in your inbox)

Let’s say you’re a company that wants to commit an elaborate fraud. What is the most egregious fraud that you can think of?
Maybe let’s not start with egregious. Let’s start with something simple! Here’s something that’s reasonably common:
  1. Pay people to buy your product (or like give them huge discounts or whatever). Inflate your revenue. Lie about your actual customers.
  2. Hype your company up. Do an IPO, take your company public. Sell some of your own stock.
  3. Slowly try fixing your numbers. If you happen to succeed, that’s great! You win. If you don’t succeed, you still win? You’ve done your IPO and sold some stock. That’s a lot of money.
This is the simple kind of fraud, which also makes it difficult to identify. You might have to talk to the company’s customers, read the fine print in its disclosures, do sanity checks of its financials, that sort of stuff. It’s tough to catch the simple kind of fraud, which is also why so much of it exists in the form of whispers and rumours without ever getting proven.
Now let’s go egregious:
  1. Why pay people to buy your product? Hell, why even have a product? Just manifest in your imagination that there are hundreds of thousands of people buying whatever you’re selling and write it down.
  2. Hype your company up! Do an IPO, sell some stock. This part remains the same.
  3. Don’t bother fixing your numbers. Instead, keep publishing imaginary revenue figures. Keep selling stock to public investors. Publish your financials every quarter with whatever numbers you like.
If you do this, there’s only so far you can go. Eventually, your hype will attract attention and someone might figure out that both your customers and product were creative imagination.
Here’s a SEBI order from late in April about Manpasand Beverages. Manpasand used to be a beverages company based in Gujarat. In 2019 the company shut down because it got caught in a bunch of frauds. It’s only now that SEBI published the details of what was happening. Probably best summarised by fund manager Amit Mantri: [1]
https://preview.redd.it/o85shr8p3y0d1.jpg?width=603&format=pjpg&auto=webp&s=26ace208d28eae2bb2401449f9b1dcc6bd1eefd0

Fake it till you make it (or don’t)

Manpasand faked its revenue (of course). It also faked its expenses, customers, vendors, tax liabilities, etc. How did it get away with doing this stuff? I don’t know, someone’s gotta ask Deloitte. They were Manpasand’s auditor for eight years, resigning only in 2018. The company’s fraud came out officially in 2019—Deloitte, whose job was to make sure the books were right and also had access to all the inside information, figured that something was off only a year earlier!
Anyway, SEBI appointed its own auditor to figure out what was wrong with Manpasand’s accounts and the auditor came back with a bunch of stuff. [2]
Here’s the bit about Manpasand inflating its revenue. From SEBI’s order:
… CGST vide letter dated July 07, 2019, inter alia, informed that Manpasand had shown inflated sales figure in its balance sheet by way of receipt/ supply of fake invoices without actual receipt/ supply of goods. It was further informed in the said letter that Manpasand had floated 38 bogus/paper firms to inflate its turnover and that inward and outward transactions made with such bogus firms amount to Rs.188.48 Crore and Rs. 691.30 Crore, respectively.
Manpasand created 38 different companies and it both “sold” its products to those companies as well as “bought” stuff from some of them. Basically, Manpasand created real companies to play the role of its customers and vendors.
… it was observed that the parties with whom transactions amounting to Rs.29.84 Crore were entered into, were not registered for dealing in the said goods/products being manufactured by the Company. Further, there was non-receipt of sale considerations and debtors balance were adjusted by passing journal entries
Manpasand was a beverages company that was selling stuff to its customers. Traditionally a company like Manpasand might have distributors as customers but Manpasand’s customers were registered as something else entirely (I do wonder what, the order doesn’t mention it). These are fake customers that Manpasand created out of thin air. Establishing companies is quite a bit of effort! Why half-ass the part where you select the “business type”? I sort of understand though. I’ve done it too. Put so much effort into something that you’re bored by the end that you muck it up.
I’m kidding! The real reason is probably that Manpasand wouldn’t have actually created these fake companies itself. There would be a middleman who would have them made in advance, all ready to go whenever needed to do fraud.
Manpasand propped up its sales as well as its expenses by pretty much just funnelling money around from one entity to the other. In some instances, it wouldn’t even move real money around. It would just note down that it had to pay one company, and had to also collect payments from another company, and then cancel each other out. Manpasand was running its accounts on Splitwise.
In general, there is nothing wrong with a company having such set-off arrangements. If you know your creditor owes money to your debtor, sure, cancel those transactions out. But how likely is it that a company’s suppliers and distributors know each other? And transact with each other?
This post is public so feel free to share it.

All except death and taxes

If you’re planning to do some accounting fraud, here’s something to keep in mind. I mean, I’m not not recommending that you do fraud, but if you do have your mind made up I might as well pass this along. Fake your sales, that’s fine. Fake your expenses, that’s fine too. But don’t fake your taxes, those guys will come after you.
In 2019 right before Manpasand shut down, GST officials raided its offices and arrested the CEO, CFO and a director. If you think about it, one of the reasons Manpasand got away with its fraud for as long as it did was that its accounts looked reasonably realistic. Deloitte made sure of that! Manpasand didn’t just arbitrarily put in fake numbers, oh no. It showed transactions to back them up with actual companies.
But any sales or purchases bring with it a cute goods and services tax, and the GST folks don’t care all that much about the fact that your sales are real. They’d like their share anyway. And not the GST you owe them, but because of how GST works, they would also want the GST your vendors (and your vendors’ vendors) might owe them.
GST has this magical thing called “input tax credit” which is basically the GST council giving you magic points every time you pay GST as a customer. Say, you buy some glass to make some marbles. You pay GST when you buy that glass, and you get some magic points. When you sell your freshly manufactured marbles, you collect GST from your customers and can redeem those magic points which you got earlier to reduce the GST you actually pay. (This isn’t tax advice so don’t come after me if you mess up your taxes because of anything you read here.)
These points are nice because they help save tax. But a basic requirement to use these points is that the company you bought your glass from has to have paid their fair share of GST in the first place! You only get the points if they’ve paid their tax! In Manpasand’s case the vendors it was dealing with existed solely for the purpose of enabling accounting fraud. Of course they weren’t going to be paying any tax. And yet Manpasand was claiming the magic points and reducing the GST it paid. These fake magic points is how the GST people figured out that there was something very wrong happening.
If the GST raid hadn’t happened, would Manpasand have survived as a company? Absolutely not. But would it have survived longer than it did? Probably.

Roll over, it’s a takeover

Things have already been a bit bizarre but what follows next is absolutely basket case. Here’s a section of Manpasand’s response to SEBI. From SEBI’s order:
The Company is a victim of a pre-planned, fraudulent scheme and conspiracy perpetrated by Finquest Financial Solutions Pvt Ltd (FINQUEST) wherein under the garb of promise to provide working capital worth Rs.100 Crores, six documents were executed by and between MBL & FINQUEST. Within a span of two and a half months, it was clear that this entire so called transaction of providing working capital loan was nothing but a mere play to gain the entire control of MBL which is having asset base of around Rs.625 Crores…
Finquest is an NBFC that lent money to Manpasand right after the GST raid happened and its officials were all in jail. Manpasand is claiming that Finquest’s goal wasn’t to just lend to the company and earn an interest income out of it, but to take over the company itself. Manpasand claims that Finquest defrauded it and even calls whatever they did a “hostile takeover”.
Let’s humour this idea for a bit. If you’re a listed company worried about a hostile takeover, you’d look at who’s buying your stock. That’s the normal way for hostile takeovers to work. You wake up one day to realise that Elon owns 9% of your and immediately fall into a state of panic. If you don’t own enough of your company, Elon just might.
Another hostile takeover could be by a distressed debt investor. You may have taken a loan from some banks or whoever some time back. The banks would’ve sold your loans to outside investors. But then because you’re in tough times, the investors would want to rid themselves of your loans at a discount. This distressed debt is then caught by investors trained in the art of recovering dollars from pennies. If you can’t repay your loans to these guys, they would be more than happy to squeeze it out of you.
This is what happened with Byju’s US unit. But really, hostile takeovers aren’t common with distressed debt investors. They don’t want to run your company! They want their money back with some (a lot) of interest. [3]
Finquest lent to Manpasand, it didn’t buy its stock. So maybe this was the second kind of hostile takeover, the distressed debt kind? Well, here’s Abhishek Singh, then director of Manpasand in an interview with Business Today back in 2019:
Business Today: Dhirendra Singh [the CEO] has accused Finquest of a hostile takeover bid, while Finquest claims that it was always mentioned in the term-sheet that the company will be managed by a professional team until its money was parked with you. It will be nice to get your side of the story.
Singh: Whatever amount has been transferred by the Finquest in the bank account of MBL was done in the new account opened by FFSPL's representatives in the name of MBL. The control of this new bank account lies with FFSPL's representatives. FFSPL was allowed operational access to business of MBL and not financial access, as per the term sheet dated July 3, 2019.
…As per the term sheet dated July 3, 2019, FFSPL had right to nominate two directors on the Board of Directors of MBL, which shall constitute minimum one-third strength of the Board. Pursuant to this clause, FFSPL appointed three directors instead of two. The total strength of the board became six directors, one-third of this comes to two. Thus, one more director being a nominee of FFSPL was appointed.
… What? Manpasand borrowed money from Finquest but the bank account where the money came in was controlled by Finquest? And Finquest got “operational access” (whatever that means) as well as a third of Manpasand’s board seats? This isn’t a hostile takeover! It’s a lamblike takeover.
Honestly, I get it. Manpasand’s CEO and others were in jail. The company needed money. The only lender willing to lend to a shady company whose executives are in jail would be a shady lender. And that shady lender was Finquest—which, by the way, had done something similar before—but Manpasand took what it got.
If there’s a second “don’t do this if you’re doing fraud” lesson in this, it’s this. Don’t borrow from a loan shark!
Footnotes
[1] A nice factoid is that Amit Mantri was the first to point out that Manpasand was manipulating its numbers all the way back in 2016. They did some really good on-ground research!
[2] The auditor that SEBI assigned to do this, Chokshi & Chokshi, came back with 12 findings from Manpasand’s accounts. But I think I found a couple of mistakes? It wouldn’t in any way affect SEBI’s conclusion on Manpasand, but I find it funny that a story which is essentially about an auditor’s massive failure to do its job also has an auditor that probably wasn’t too careful themselves? I’ll probably write about this in a future post.
[3] A distressed debt investor would prefer to take over a company to be able to put it into bankruptcy so that it can sell the company’s assets and recover its money. That’s very different from what the kind of takeover that Elon did of Twitter.
Original Source: https://boringmoney.in/p/manpasand-an-accounting-fraud
submitted by tareekpetareek to unitedstatesofindia [link] [comments]


2024.05.17 17:56 Einarmastar Hearing 6/13

Hearing 6/13
So I originally heard the distribution hearing is in May. Anybody know what this hearing is really about and how does it affect our distribution? Something please explain to me like I’m five. TIA.
submitted by Einarmastar to Invest_Voyager [link] [comments]


2024.05.17 15:50 mmilad 741 (theory) and Mixed Shelf Securities explained

741:
I don’t have much yet, but GME was once 1 share then it got split in to 4…. Now with this news about mixed shelf offering, could this somehow be related to the “7.” Share your thoughts!
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MIXED SHELF SECURITIES: FULL EXPLANATION
(Copied directly from website)
What is a Shelf Offering?
A shelf offering is a way companies can pre-register securities that can be sold in the future. A shelf offering allows the pre-registered securities to be sold in the future without needing to get approval or review from the SEC at the time of sale(s). Shelf offerings are permitted under SEC Rule 415. As the name implies, a company registers the securities with the SEC that it intends to sell in the future and puts them “on a shelf”. Once ready to sell, the company takes the securities “off the shelf” and sells them in what is called a takedown offering.
Typically, a shelf offering provides a company with a 3-year window to sell the pre-registered securities. One of the main benefits of a shelf offering is the flexibility provided to companies to choose when and how much to sell of the pre-registered securities at any time during the 3-year window. Often times, companies use shelf offerings to have the option of quickly selling securities when market conditions are more favorable at a future date.
Companies can use shelf offerings for securities such as common stock, warrants, convertible debt, or preferred stock. A company can also offer a mix of different securities referred to as a “mixed offering.”
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What is a Shelf Registration?
A shelf registration is a registration statement with the SEC that allows a company to initiate a shelf offering. The main SEC form required for a shelf offering is Form S-3 for a US company and Form F-3 for a foreign company. Pursuant to Regulation S-K, a Form S-3 includes a base prospectus and other information about the securities being offered.
A Form S-3 can be a lengthy and detailed document, but the main components include:
• A summary of the company’s business and organizational structure • Risk factors that could affect the company’s business operations and financial condition • How the company intends to use the sales proceeds from the offerings • Details about the securities being offered • Distribution methods planned for selling the securities
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Use of Proceeds for a Shelf Registration:
A key section of the shelf registration Form S-3 is the “Use of Proceeds” section. The “Use of Proceeds” section provides insight into a company’s motivation and intent behind the shelf offering. A lot of times companies state that the intended use of the proceeds from shelf offering sales is for general corporate purposes. You might be asking yourself, “What exactly does general corporate purposes mean?”. That’s a great question.
General corporate purposes doesn’t have an exact definition and is ideally supposed to mean using proceeds for anything related to growing the company’s business and driving profits for shareholders. Ultimately, general corporate purposes means the use of the proceeds is at the discretion of the company and its key decision-makers.
If a company does have a specific plan for the use of the proceeds, such as refinancing debt or launching a new product in the future, the details may be included in this section. In the case of a secondary offering with selling shareholders only, the use of proceeds section will explain that the company will not be receiving any proceeds from the sale of securities and all proceeds will go directly to the selling shareholders.
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Eligibility and Requirements for Shelf Registrations
Companies must meet certain eligibility requirements to be approved for a shelf registration and to conduct a shelf offering. There are many intricacies involved with company eligibility requirements as well as with requirements for different types of shelf offerings. Generally, there are some main requirements for companies and for each type of shelf offering. To be eligible for a shelf offering, the company must:
Company Eligibility:
• Have a public float of at least $75 million. • Have filed all its required financial reports and materials with the SEC within the previous twelve calendar months. • Not have defaulted on any of its debt, preferred stock dividends, or rental leases. Not have had a bankruptcy in the past three years. • Not have been convicted of any securities or financially related crimes in the past three years.
For primary offerings, the company must have at least one existing security already registered with the SEC. For secondary offerings, the securities being offered must already be publicly traded.
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“Baby Shelf” Requirements
A company that does not have a public float of at least $75 million may still be eligible for a shelf offering by meeting “baby shelf” requirements. Some of the requirements include the company:
• Has at least one class of common equity securities currently trading on a national exchange. • Is not currently and has not been a shell company for the previous twelve calendar months. • Does not sell securities cumulatively worth more than one-third of the market cap of its float in any 12 consecutive months.
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Well-Known Seasoned Issuer (WKSI)
Larger companies can qualify with the SEC as well-known seasoned issuers. Companies with a WKSI designation receive the benefit of their shelf registrations automatically becoming effective upon filing without needing SEC review or approval. Some of the additional benefits a WKSI receives are being able to do shelf offerings with unspecified amounts of securities and having fewer disclosure requirements in their prospectus such as the names of selling shareholders. To qualify as a WKSI, a company:
Must meet all the standard eligibility requirements:
• At any point within 60 days of filing its shelf registration, must either: • Have had a market cap of its float of at least $700 million. • Have issued at least $1 billion of non-convertible securities (other than common equity) in primary offerings in the last three years.
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How Do Companies File Shelf Registrations?
The shelf registration Form S-3 is filed with the SEC and available for review by investors as a preliminary prospectus, but doesn’t become effective until undergoing review and approval by the SEC. The review and approval process can take anywhere from a few weeks to a few months. You can search for, analyze, and see the effective date of a company’s Form S-3 filing on the SEC’s EDGAR database.
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How Do Shelf Offerings Work?
The first step in the process of a shelf offering is for a company to file a shelf registration with the SEC. Once the shelf registration Form S-3 is approved by the SEC and becomes effective, a company can start selling the registered securities immediately, on a continuous basis, on a delayed basis, or by a combination of methods.
When the company sells the securities in a takedown, they file a prospectus supplement containing important details about each sale such as the terms of the offering and distribution method. The main benefit of a shelf offering is that even though companies file a prospectus supplement when executing the sales of the pre-registered securities, they don’t have to wait for the prospectus supplement to be reviewed and approved by the SEC in order to commence the sales.
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Continuous Shelf Offering
A continuous shelf offering enables a company to start selling securities immediately after the shelf registration becomes effective and then continuously thereafter. A continuous offering doesn’t require a company to continuously sell securities after the first batch is immediately sold; it gives them the opportunity to do so if they choose to within the 3-year window of the shelf registration.
If a company knows it needs to sell securities immediately but they aren’t sure if it will need or want to again in the future, it can use a continuous shelf offering to at least give it the opportunity to sell securities in the future after the initial sale.
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Delayed Shelf Offering
A delayed shelf offering is when a company has no present intention of selling securities, but it would like to have securities pre-registered to potentially sell in the future. Like in a continuous offering, the pre-registered securities can be sold at any time and in any quantities during the 3-year shelf registration window. A delayed offering doesn’t mean that a company has to sell the pre-registered securities before the 3-year window expires, only that it has the option of doing so if it chooses.
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Primary Shelf Offering vs. Secondary Shelf Offering
Primary Shelf Offering:
A primary shelf offering is when a company sells a new security that is not currently trading on the market. A few examples of primary offerings are a new class of common stock with special voting rights or new convertible debt. In a primary offering, you are buying securities directly from the company and the proceeds go to the company.
Secondary Shelf Offering:
A secondary shelf offering, commonly referred to as a follow-on offering, is when more of an existing security that is already trading is sold into the market. A secondary offering can be dilutive or non-dilutive. It’s important for traders to carefully read the company’s shelf registration to understand if the shelf offering will be dilutive or non-dilutive.
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Dilutive vs Non-Dilutive Shelf Offerings
A non-dilutive secondary offering is when existing shareholders (such as employees, investors, or debt holders) sell their securities into the market. No dilution happens in this scenario because the shares are already factored into the outstanding share count and the shares that are sold only get added to the float.
A dilutive secondary offering is when a company creates and issues new shares of a security that is already trading. Dilution happens in this scenario because the new shares raise the outstanding share count and are also added to the float.
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Ways Shelf Offerings are Sold
Companies can choose to use a variety of distribution methods to sell securities in a shelf offering. You can view information about the company’s planned sale distribution methods in the “Plan of Distribution” section of its Form S-3. Some of the most common sale distribution methods of shelf offerings are through “at-the-market” transactions, private transactions, and underwriting transactions.
At-the-Market Transactions:
An at-the-market sale is when a company sells shares into the market at current market prices. At-the-market transactions can be facilitated by selling shares into the market through market makers, agents, or distributors. The shares could also be sold to a market maker who then resells them into the market. The ability for companies to sell shares into the market without warning is what makes shelf offerings a scary prospect for dilution. If not facilitated in the best way, at-the-market transactions can also cause stock prices to get quickly hammered down by a large number of shares suddenly being dumped into the market.
Private Transactions:
Private sales or private placements are facilitated outside of the public trading market. Private sales can be made for primary or secondary offerings. Private buyers could include financial institutions, accredited individual investors, or mutual funds. Private transactions may occur at fixed or negotiated prices different than the current market price.
Underwriting Transactions:
Underwriters typically enter into purchase agreements with companies with the intention of reselling the shares themselves into the market. Underwriters for shelf offerings commonly include investment banks and broker-dealers. Instead of a company doing an at-the-market sale and potentially spooking the market, they can sell the shares to an underwriter at a discount to current market prices who then will try to resell the shares into the market for a profit.
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Advantages of Shelf Offerings
  1. Quick Access to Capital Markets:
A shelf offering allows companies to quickly sell securities and raise capital when they feel the timing is right. The hard work for companies is done up front during the shelf registration statement filing process which then makes it an easy and efficient process for companies to execute sales of the pre-registered securities down the road.
  1. Control and Flexibility of Sales Timing:
Shelf offerings extend to companies a 3-year window of opportunity in which they can sell securities at any point. Effectively, shelf offerings give companies the ability to raise capital on an if/when-needed basis during a 3-year window of time. Shelf offerings also give companies the flexibility to sell securities and raise capital all at once in the future or at different times in the future. A company with an active shelf offering has the opportunity to wait until market conditions are most favorable for it to raise capital.
  1. Faster Registration Processing:
Traditionally, every time a company wants to do a primary or secondary offering, the SEC requires a registration statement to be filed for the securities being offered. An advantage of a shelf offering is that the shelf registration Form S-3, usually, can be reviewed and approved by the SEC quicker than a traditional registration Form S-1.
  1. Simpler SEC Forms and Reporting Requirements:
SEC filings can be a costly and time-consuming process for companies. Generally, a shelf registration statement Form S-3 has fewer disclosure requirements and simpler reporting requirements than a traditional registration statement Form S-1. A shelf offering also allows a company to utilize an advantageous legal concept called incorporation by reference. Incorporation by reference is a practice in shelf offerings that permits companies to simply follow all their standard SEC reporting requirements, such as 10-Qs and 10-Ks, and incorporate the reports into the shelf registration Form S-3. In other words, a company can satisfy part of its reporting duties in the Form S-3 just by including references to its other past, current, and future reports.
Therefore, companies can keep shelf registrations current by using incorporation by reference instead of having to continually make amendments to the Form S-3 or file new registration paperwork with the SEC every time they sell securities in a takedown. The simpler reporting and paperwork requirements involved with shelf offerings, compared to traditional offerings, enable companies to save time, reduce costs, and deal with less complicated filings.
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Why Do Companies Issue Shelf Offerings?
Companies issue shelf offerings for numerous reasons. Some companies may issue shelf offerings for the purpose of raising capital for immediate or short-term needs. Other companies may issue shelf offerings solely for the purpose of having the option to sell securities when and if needed in the future with no immediate intention of selling securities.
Some of the primary reasons companies may use shelf offerings include to retire or refinance debt, fund dividend reinvestment programs, raise capital to strengthen their balance sheet, raise capital for a potential acquisition, raise capital for general operating expenses, or to provide a liquidity outlet for existing insider shareholders that want to sell. The reason(s) for a company issuing a shelf offering can either be positive or negative, depending on the company and circumstances. The company’s Form S-3 will provide traders with more insight into the company’s reason for the shelf offering.
Examples of Shelf Offerings:
Dividend Reinvestment Program-
Say, company XYZ wants to start offering a dividend reinvestment program (DRIP). They choose to utilize a shelf offering solely for the purpose of facilitating the DRIP. They check the box on Form S-3 stating that the only securities being offered are specifically for a DRIP. As previously mentioned, it’s critical for traders to read the company’s Form S-3 filing to understand the purpose of the shelf offering and not automatically jump to the conclusion that the company is another serial diluter trying to take advantage of favorable market conditions to cash out.
Failing Company Burning Through Cash-
Say, a biopharmaceutical company is in the process of developing a new drug. They are poorly managing their business and they are burning through cash. They need to continually raise cash in order to keep the company operating and keep working on their drug. They file a shelf registration for a continuous shelf offering to be able to sell up to 20,000,000 new common stock shares in dilutive secondary offerings. They immediately sell half the shares to raise the funds they need to continue operating for the next year and put the remaining half of the shares “on the shelf” to potentially be sold in the future. They got the cash they need with the initial sale, but also have started to dilute shareholders. Six months later, they have already burned through all the cash they raised from selling the first 10,000,000 shares. However, they have just announced a breakthrough development for their drug and the prospects of the drug look great. On the positive news, their stock price jumps.
They decide to take advantage of the elevated stock price by taking another 2,000,000 shares “off the shelf” and selling them in an “at-the-market” offering which allows them to raise more working capital, but further dilutes shareholders. This cycle continues for a few more years until all the shares have been taken “off the shelf” and sold into the market, leaving shareholders significantly diluted.
Failing Company Burning Through Cash Launch a Future Product-
Say, a tech company is silently building a new revolutionary AI product behind the scenes that the public doesn’t know much about. They are currently financially healthy and have no need for raising capital. However, they plan on initiating a massive marketing campaign for the new AI product once it is ready to launch. They know the marketing campaign is going to cost a lot of money that they won’t be able to afford, according to their future financial projections. They decide to file a shelf registration for a delayed shelf offering to be able to issue new debt in a primary offering when they are ready to start the new product marketing campaign. By using a shelf offering and pre-registering the debt securities they intend to sell in the future, they will be able to raise the capital they need for the marketing campaign quickly and efficiently when they feel the window of opportunity is best.
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Is a Shelf Offering Good or Bad? The Short Answer It depends.
There are a number of factors that can determine whether a shelf offering is good or bad including, but not limited to, if the company is considered a serial diluter, what the company is going to use the funds for, the timing of when the company chooses to sell its securities in a takedown, and the types of securities being offered.
The Good-
•Companies that have shelf offerings in effect have the ability to raise capital efficiently when market conditions are favorable and maintain flexible control over their balance sheets. • Shelf offerings provide a growing company with plenty of available runway to continue raising capital and fueling its growth. • Shelf offerings used exclusively for a DRIP provide an efficient way for investors to reinvest in the company. • Shelf offerings grant companies a quick lifeline for raising capital if their financial condition becomes poor. • Shelf offerings authorize a way for existing insider shareholders to sell their shares into the market and provide more liquidity to the market without negatively affecting the stock price in a significant way if done properly. • Shelf offerings make it easier and less expensive for companies to access capital markets. •if a stock has extremely high demand but a low share count, a shelf offering can be used instead of a traditional IPO to bring more shares into the market in a more fluid process, giving more traders and investors access to the shares.
The Bad-
•Even when a good company does a shelf offering for good reasons, dilution can still result. • Due to a certain reputation that shelf offerings currently have, it’s extremely common for a company’s stock price to drop as soon as a shelf offering is announced, or a takedown sale is executed. • Regardless of what the shelf registration statement says, you may never truly know what the intentions of the company are. • When a company’s stock price significantly increases, it can be very tempting for a company with an active shelf offering to take advantage of the higher stock price and start selling new or existing shares to cash out, consequently diluting shareholders. • Companies that continuously use shelf offerings to dump new shares into the market can be considered in the trading community as serial diluters. These types of companies can have a reputation for manipulating their float, diluting shareholders, and recklessly burning through capital without increasing business results in any kind of significant way. •Shelf offerings can be seen as a bad omen for companies with a dubious reputation because a shelf registration is, essentially, a green light given to a company that could allow nefarious executives or board members of the company to dilute the company’s stock at will and potentially use the proceeds of securities sales for inappropriate “general corporate purposes” such as buying a company jet or funding their own lavish lifestyles via execute bonuses.
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Conclusion-
Shelf offerings have been rising in popularity as an alternative way to raise capital during volatile market conditions. Shelf offerings can be complex, not every company utilizes shelf offerings in the same way, and each shelf offering has unique characteristics. Traders should always be sure to read a company’s shelf registration Form S-3 and any relevant prospectus supplements to understand the shelf offering.
(Copied directly from website.)
https://centerpointsecurities.com/shelf-offerings/
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Everyone here is an individual investor and has an opinion of their own whether this is good news or bad news depends completely on your own bias and views. Personally, I trust the GME board or at-least Ryan Cohen that I do not believe that the “bad” is true in this scenario/company. If this was any other company I would not trust the board to use this as anything but a way to use shareholders as their cash grab. I truly think the board believes the stock price will go up soon or be very volatile which they can use to make the company’s balance sheet much stronger.
My other input is that GameStop is going to be doing the offering through Jeffries that will earn a 1.5% commission from the shares sold. GameStop is there client and probably has an agreement ahead of time on when to sell and not sell shares, on top of that it is in the best interest of Jeffries to only sell shares during the highs in order to make more off there commission.
Lastly, this takes money directly from shorts pockets in to the pockets of the company if they only sell during the volatile times when stock price is sky rocketing.
Stay Zen.
submitted by mmilad to Superstonk [link] [comments]


2024.05.17 13:14 arranft Can someone analyse my logic to buy more?

I recently said I'd never buy another share, but...
I can't help but feel this would be a really good time to buy, I know that obviously .15 would have been better as we're nearly up 100% from there, but my views have changed since it was .15.
First part of my thinking is that we're currently at .25, is there more chance in a few months time we'll be higher than lower, or at the very least about the same? My feeling is yes because:
  1. So much bad shit is now priced in, like dilution, RS, risk of bankruptcy.
  2. Surely the risk of bankruptcy in the immediate future is nil because of this funding deal? Therefore I can't think of any reason why we'd have a huge drop, though I suppose it could end up back down to .15 on no news which would be nearly a 50% loss. I suppose when the 10-Q gets filed with going concern warning removed that it will make it official that short term bankruptcy risk has gone.
  3. I feel like the bad news cycle can't possibly go on any longer.
  4. Bound to get enough orders come in so they can at least get production re-started and have some positive announcements about this.
  5. Although we may have an RS and a huge drop afterwards, I expect a quick recovery of SP afterwards. Based on XOS, CENN and GOEV's post-RS performance.
  6. I just don't see how shorts are going to keep paying interest on 61 million shares if risk of bankruptcy is gone for 1 to 2 years. Them closing will push us up.
  7. When interest rates finally get a reduction, we'll benefit.
  8. When the California ACF rules finally gets enforced or at least some companies decide to just get ahead of it, we should get more orders.
Second part of my thinking is, if we end up going up a load from the current market hype I'll be glad to be making less losses, but pissed that some randomers come along and make hundreds of percent profit, while many of us are still in the red. Which will I regret more, risking a few grand more, or missing out on turning a few grand into a few tens of thousands?
And it's not just the current market hype, but the chance we might actually go up a load based on the announcement of the big one. I've seen a stock with our market cap 1000% in 1 day from an announcement, So there's that too.
The risk reward ratio seems good right now. I'm thinking maybe the best option is to make some small buys spread out a bit to reduce risk in case there's a dump.
submitted by arranft to WKHS [link] [comments]


2024.05.17 11:25 nojustnobro My own notes on Howler

I've seen quite a lot of discussion regarding Howler because of the latest chapter and I'd like to share my own notes. These are more of notes and observations on things that I've not seen talked as frequently about.
First off, Howler could be a play on the Hawaiian slang "Haole". The term is used to describe anything not native to Hawaiian, specifically people, and sometimes would be used in conjunction with terms like "invasive", "foreign", etc.
Something to note with Howler's logo is that it is a wolf howling. Hawaii does not have any native wolf creatures and the closest thing it does have is wild dogs, which were historically used for guarding, food, and companionship. With the ongoing trend in America being businesses trying to incorporate local culture or the culture of whoever owns the business, one would expect Howler to have a logo more akin to Hawaiian culture or resemble an animal that is native to Hawaii. Instead, we have a wolf, which indicates two possibilities: Howler from the start was a foreign business now greatly involved in Hawaii's society or Howler used to be a local business but overtime was taken by foreign management and stakeholders.
The choice to make it a wolf is also interesting when you look at Hawaiian mythology. Kaupe is a wolf-appearing malevolent spirit known to lure its victims. He would wander at night and mimic sounds of people begging to be saved; sometimes, it's the voices of the victim's loved ones claiming to be hurt or need help. Once the victim runs out to try saving them, Kaupe would reveal himself and scare the victims that they die via suicide. The spirit is described to be an ʻōlohe, or dog-man, with a dog-like head and sharp claws. The ʻōlohe were demigod shapeshifters known to not only be strong warriors but tricksters as well. Kaupe, prior to being a spirit, was a ʻōlohe known for terrorizing people and was killed after attempting to sacrifice a chief's son. Modern retellings would consider Kaupe the Hawaiian variation of a werewolf. Nowadays, people claim you can hear Kaupe try to call hikers or travelers who try to venture into more dangerous areas of the forest.
Also, despite this being heavily disputed, I think it's worth mentioning that "wolf" is a slang in Hawaii as well. A wolf is a Haole who intentionally pretends to be native Hawaiian, oftentimes for malicious purposes. I saw a thread of people asking whether this slang is actually legit but I think it's worth pointing that it may have been used as a slang at some point. In general American slang, calling someone a wolf means they are aggressive when it comes to pursuing their goals. In business, it's someone who is uncompromising. In relationships, it's someone predatory.
This basically proves that Howler is more than just a random business: it's a parasitic corporation originally from the mainland that managed to creep into Hawaii due to its position as an infrastructure development company. Given how valuable water is in Hawaii and societies in general, Howler has its hands on the water supplies and are now doing shady things with it.
Note that the way Howler got to where they are now is more akin to creeping and taking advantage of Hawaiian laws to ultimately take control. I like to think that Howler started out as a completely different business: a local Hawaiian-founded and own non-profit dedicated to researching and improving infrastructure on the island that, in desperation due to bankruptcy, let themselves be bought by a mainland business that was interested in turning their research into profit. Howler's stakeholders were careful to sneak through, but it looks like they have gotten sloppy due to the mention of a congressman investigating their practices. Note how we had that whole thing the past few years where CEOs from social media companies had to sit in front of Congress to be investigated for their business practices.
We'll eventually know their motivations and how that led them to grow to what they are now. But, this corporation is obviously not making society "better" out of sheer love or respect for Hawaii and its people. In the meantime, here are my notes on Howler's water supplies.
EDIT 1: rewritten for formatting since this was originally posted on mobile.
EDIT 2: It could be possible that Howler's logo is not depicting a dog but instead a ʻīlio, or poi dog. These are a native Hawaiian dog breed that ultimately became extinct because no one eats dogs in Hawaii anymore and the breed was interbred with other dog breeds. The ʻīlio were associated with protecting children and described to have stubby legs similar to a corgi. When drawn in the past, they would be drawn with curled tails and pointy ears. They were described to be rather dumb, slow, and fat dogs that were also stubborn. Nowadays, poi dog is the term used to describe mixed breeds or mutts that are specifically willing to eat anything. They've become smarter but stubbornness still persists. If that's the case, the logo looks very vague and one cannot tell if it's a wolf howling or a ʻīlio. More proof that Howler is intentionally disguising themselves as a "local" corporation or one that values Hawaii, but in reality is a "wolf in disguise".
submitted by nojustnobro to JOJOLANDS [link] [comments]


2024.05.17 10:17 tareekpetareek Manpasand was an accounting fraud with beverages on the side

Manpasand was an accounting fraud with beverages on the side
Original Source: https://boringmoney.in/p/manpasand-an-accounting-fraud (my newsletter Boring Money. Do visit the original link and subscribe if you'd like to receive similar posts directly in your inbox)

Let’s say you’re a company that wants to commit an elaborate fraud. What is the most egregious fraud that you can think of?
Maybe let’s not start with egregious. Let’s start with something simple! Here’s something that’s reasonably common:
  1. Pay people to buy your product (or like give them huge discounts or whatever). Inflate your revenue. Lie about your actual customers.
  2. Hype your company up. Do an IPO, take your company public. Sell some of your own stock.
  3. Slowly try fixing your numbers. If you happen to succeed, that’s great! You win. If you don’t succeed, you still win? You’ve done your IPO and sold some stock. That’s a lot of money.
This is the simple kind of fraud, which also makes it difficult to identify. You might have to talk to the company’s customers, read the fine print in its disclosures, do sanity checks of its financials, that sort of stuff. It’s tough to catch the simple kind of fraud, which is also why so much of it exists in the form of whispers and rumours without ever getting proven.
Now let’s go egregious:
  1. Why pay people to buy your product? Hell, why even have a product? Just manifest in your imagination that there are hundreds of thousands of people buying whatever you’re selling and write it down.
  2. Hype your company up! Do an IPO, sell some stock. This part remains the same.
  3. Don’t bother fixing your numbers. Instead, keep publishing imaginary revenue figures. Keep selling stock to public investors. Publish your financials every quarter with whatever numbers you like.
If you do this, there’s only so far you can go. Eventually, your hype will attract attention and someone might figure out that both your customers and product were creative imagination.
Here’s a SEBI order from late in April about Manpasand Beverages. Manpasand used to be a beverages company based in Gujarat. In 2019 the company shut down because it got caught in a bunch of frauds. It’s only now that SEBI published the details of what was happening. Probably best summarised by fund manager Amit Mantri: [1]
https://preview.redd.it/o85shr8p3y0d1.jpg?width=603&format=pjpg&auto=webp&s=26ace208d28eae2bb2401449f9b1dcc6bd1eefd0

Fake it till you make it (or don’t)

Manpasand faked its revenue (of course). It also faked its expenses, customers, vendors, tax liabilities, etc. How did it get away with doing this stuff? I don’t know, someone’s gotta ask Deloitte. They were Manpasand’s auditor for eight years, resigning only in 2018. The company’s fraud came out officially in 2019—Deloitte, whose job was to make sure the books were right and also had access to all the inside information, figured that something was off only a year earlier!
Anyway, SEBI appointed its own auditor to figure out what was wrong with Manpasand’s accounts and the auditor came back with a bunch of stuff. [2]
Here’s the bit about Manpasand inflating its revenue. From SEBI’s order:
… CGST vide letter dated July 07, 2019, inter alia, informed that Manpasand had shown inflated sales figure in its balance sheet by way of receipt/ supply of fake invoices without actual receipt/ supply of goods. It was further informed in the said letter that Manpasand had floated 38 bogus/paper firms to inflate its turnover and that inward and outward transactions made with such bogus firms amount to Rs.188.48 Crore and Rs. 691.30 Crore, respectively.
Manpasand created 38 different companies and it both “sold” its products to those companies as well as “bought” stuff from some of them. Basically, Manpasand created real companies to play the role of its customers and vendors.
… it was observed that the parties with whom transactions amounting to Rs.29.84 Crore were entered into, were not registered for dealing in the said goods/products being manufactured by the Company. Further, there was non-receipt of sale considerations and debtors balance were adjusted by passing journal entries
Manpasand was a beverages company that was selling stuff to its customers. Traditionally a company like Manpasand might have distributors as customers but Manpasand’s customers were registered as something else entirely (I do wonder what, the order doesn’t mention it). These are fake customers that Manpasand created out of thin air. Establishing companies is quite a bit of effort! Why half-ass the part where you select the “business type”? I sort of understand though. I’ve done it too. Put so much effort into something that you’re bored by the end that you muck it up.
I’m kidding! The real reason is probably that Manpasand wouldn’t have actually created these fake companies itself. There would be a middleman who would have them made in advance, all ready to go whenever needed to do fraud.
Manpasand propped up its sales as well as its expenses by pretty much just funnelling money around from one entity to the other. In some instances, it wouldn’t even move real money around. It would just note down that it had to pay one company, and had to also collect payments from another company, and then cancel each other out. Manpasand was running its accounts on Splitwise.
In general, there is nothing wrong with a company having such set-off arrangements. If you know your creditor owes money to your debtor, sure, cancel those transactions out. But how likely is it that a company’s suppliers and distributors know each other? And transact with each other?
This post is public so feel free to share it.

All except death and taxes

If you’re planning to do some accounting fraud, here’s something to keep in mind. I mean, I’m not not recommending that you do fraud, but if you do have your mind made up I might as well pass this along. Fake your sales, that’s fine. Fake your expenses, that’s fine too. But don’t fake your taxes, those guys will come after you.
In 2019 right before Manpasand shut down, GST officials raided its offices and arrested the CEO, CFO and a director. If you think about it, one of the reasons Manpasand got away with its fraud for as long as it did was that its accounts looked reasonably realistic. Deloitte made sure of that! Manpasand didn’t just arbitrarily put in fake numbers, oh no. It showed transactions to back them up with actual companies.
But any sales or purchases bring with it a cute goods and services tax, and the GST folks don’t care all that much about the fact that your sales are real. They’d like their share anyway. And not the GST you owe them, but because of how GST works, they would also want the GST your vendors (and your vendors’ vendors) might owe them.
GST has this magical thing called “input tax credit” which is basically the GST council giving you magic points every time you pay GST as a customer. Say, you buy some glass to make some marbles. You pay GST when you buy that glass, and you get some magic points. When you sell your freshly manufactured marbles, you collect GST from your customers and can redeem those magic points which you got earlier to reduce the GST you actually pay. (This isn’t tax advice so don’t come after me if you mess up your taxes because of anything you read here.)
These points are nice because they help save tax. But a basic requirement to use these points is that the company you bought your glass from has to have paid their fair share of GST in the first place! You only get the points if they’ve paid their tax! In Manpasand’s case the vendors it was dealing with existed solely for the purpose of enabling accounting fraud. Of course they weren’t going to be paying any tax. And yet Manpasand was claiming the magic points and reducing the GST it paid. These fake magic points is how the GST people figured out that there was something very wrong happening.
If the GST raid hadn’t happened, would Manpasand have survived as a company? Absolutely not. But would it have survived longer than it did? Probably.

Roll over, it’s a takeover

Things have already been a bit bizarre but what follows next is absolutely basket case. Here’s a section of Manpasand’s response to SEBI. From SEBI’s order:
The Company is a victim of a pre-planned, fraudulent scheme and conspiracy perpetrated by Finquest Financial Solutions Pvt Ltd (FINQUEST) wherein under the garb of promise to provide working capital worth Rs.100 Crores, six documents were executed by and between MBL & FINQUEST. Within a span of two and a half months, it was clear that this entire so called transaction of providing working capital loan was nothing but a mere play to gain the entire control of MBL which is having asset base of around Rs.625 Crores…
Finquest is an NBFC that lent money to Manpasand right after the GST raid happened and its officials were all in jail. Manpasand is claiming that Finquest’s goal wasn’t to just lend to the company and earn an interest income out of it, but to take over the company itself. Manpasand claims that Finquest defrauded it and even calls whatever they did a “hostile takeover”.
Let’s humour this idea for a bit. If you’re a listed company worried about a hostile takeover, you’d look at who’s buying your stock. That’s the normal way for hostile takeovers to work. You wake up one day to realise that Elon owns 9% of your and immediately fall into a state of panic. If you don’t own enough of your company, Elon just might.
Another hostile takeover could be by a distressed debt investor. You may have taken a loan from some banks or whoever some time back. The banks would’ve sold your loans to outside investors. But then because you’re in tough times, the investors would want to rid themselves of your loans at a discount. This distressed debt is then caught by investors trained in the art of recovering dollars from pennies. If you can’t repay your loans to these guys, they would be more than happy to squeeze it out of you.
This is what happened with Byju’s US unit. But really, hostile takeovers aren’t common with distressed debt investors. They don’t want to run your company! They want their money back with some (a lot) of interest. [3]
Finquest lent to Manpasand, it didn’t buy its stock. So maybe this was the second kind of hostile takeover, the distressed debt kind? Well, here’s Abhishek Singh, then director of Manpasand in an interview with Business Today back in 2019:
Business Today: Dhirendra Singh [the CEO] has accused Finquest of a hostile takeover bid, while Finquest claims that it was always mentioned in the term-sheet that the company will be managed by a professional team until its money was parked with you. It will be nice to get your side of the story.
Singh: Whatever amount has been transferred by the Finquest in the bank account of MBL was done in the new account opened by FFSPL's representatives in the name of MBL. The control of this new bank account lies with FFSPL's representatives. FFSPL was allowed operational access to business of MBL and not financial access, as per the term sheet dated July 3, 2019.
…As per the term sheet dated July 3, 2019, FFSPL had right to nominate two directors on the Board of Directors of MBL, which shall constitute minimum one-third strength of the Board. Pursuant to this clause, FFSPL appointed three directors instead of two. The total strength of the board became six directors, one-third of this comes to two. Thus, one more director being a nominee of FFSPL was appointed.
… What? Manpasand borrowed money from Finquest but the bank account where the money came in was controlled by Finquest? And Finquest got “operational access” (whatever that means) as well as a third of Manpasand’s board seats? This isn’t a hostile takeover! It’s a lamblike takeover.
Honestly, I get it. Manpasand’s CEO and others were in jail. The company needed money. The only lender willing to lend to a shady company whose executives are in jail would be a shady lender. And that shady lender was Finquest—which, by the way, had done something similar before—but Manpasand took what it got.
If there’s a second “don’t do this if you’re doing fraud” lesson in this, it’s this. Don’t borrow from a loan shark!
Footnotes
[1] A nice factoid is that Amit Mantri was the first to point out that Manpasand was manipulating its numbers all the way back in 2016. They did some really good on-ground research!
[2] The auditor that SEBI assigned to do this, Chokshi & Chokshi, came back with 12 findings from Manpasand’s accounts. But I think I found a couple of mistakes? It wouldn’t in any way affect SEBI’s conclusion on Manpasand, but I find it funny that a story which is essentially about an auditor’s massive failure to do its job also has an auditor that probably wasn’t too careful themselves? I’ll probably write about this in a future post.
[3] A distressed debt investor would prefer to take over a company to be able to put it into bankruptcy so that it can sell the company’s assets and recover its money. That’s very different from what the kind of takeover that Elon did of Twitter.
Original Source: https://boringmoney.in/p/manpasand-an-accounting-fraud
submitted by tareekpetareek to IndianStreetBets [link] [comments]


2024.05.17 07:38 throwaway-hammock Risk of working in between H1b expiry and H4 EAD

Hi everyone! So my wife and I are in a bit of a tricky situation and just wanted to ask for advice.
We moved to the US in 2018 from the UK, we bought a house and had two children here, this is our home and we plan to stay. We are both here on separate H1b visas, and my spouse’s is due to expire at the end of this month. We’ve seen this coming for a while of course, and so I’ve been in the green card process for a number of years with my employer, but unfortunately the timings haven't worked In our favor. I have an approved PERM and I-140. We have since filed for adjustment of status I-485 and associated I-765 EAD. Because we could see the timings would be tight, we paid for premium processing on the I-140, to allow me to put my spouse on a H4 and get an EAD via that parallel (potentially faster) oute. I just received the paper i797 notice for the I-140, and concurrently filed I-539 and I-765 to adjust to H4 with EAD.
In any case, based on the current timings, neither of these EADs will come before my wife’s current H1b ends (we have already recaptured all time spent out of the US). My wife had taken a bunch of time off as parental leave for our recent baby, and so financially we are not in a great position right now, as we have eaten our savings to cover this leave. Without my wife’s salary we are short about $3k a month, just on our financial obligations (HCOL area). Because of this, I think we have a good case for an expedite request, which I will submit as soon as I get the USCIS receipt numbers from my applications.
Best case scenario is that this request gets approved, and she is out of work for a month, no big deal. But in the worst case and it gets rejected then she could be out of work for 6-12 months – at which point we would teeter on bankruptcy and probably have to return to the UK.
My question is, what is the actual risk of her continuing to work? Firstly, I know this is illegal and we should definitely not do it. But at the same time we have already applied for the I-485 and have never worked without authorization and so we have completed those forms truthfully.
For example let’s say hypothetically the expedited EAD gets approved and she worked for 1 month in the gap between her H1b and the EAD – would this even be detectable? How about for 6 months? She has a SSN and receives a W2 each year, so there is obviously a paper trail. We of course don’t want to jeopardize the green card process, but at the same time we don’t want to bankrupt ourselves. Is it worth the risk, or just suck it up and hope that we get lucky with the timings?
Thankfully my wife’s employer is very understanding, but the schedule folks are not too pleased with the wide 1-12 month estimate before she can return! (just writing that makes it seems so silly ‘you can work now in your skilled position in the public interest, but then you have to stop for a bit because the process takes a long time, but don’t worry, you can work again once we get round to it. But we don’t know how long that will be. Feel free to stay though!’ )
submitted by throwaway-hammock to immigration [link] [comments]


2024.05.17 05:34 Rainyfriedtofu Clov as a meme, Clov's reddit, and Andrew's recent comments regarding saas

Clov as a meme, Clov's reddit, and Andrew's recent comments regarding saas
Hello fellow apes,
This is going to be a long post because there are several topics I want to discuss with you all. We will cover three main points:
  1. Clover Health as a meme stock
  2. The issues with Clover Health on Reddit
  3. Clover Health's SaaS now that we have gone over the earnings
Clover Health as a Meme Stock
I know some groups are trying to label Clover Health as a meme stock due to the recent price surge following Roaringkitty's tweet. However, this was not a short squeeze. Instead, it was an organic movement driven by several factors: shorts exiting their positions, fears of a potential squeeze, positive news for Clover Health, and institutional buying. The company was undervalued, being priced as if it were on the brink of bankruptcy, despite being a sustainable and profitable company outperforming larger competitors like United Healthcare, Aetna, CVS, and Humana. The medical cost ratio (MCR) is strong, the company isn't retreating from any markets, it has a margin of $4k per member, and it's about to announce a new SaaS offering that is currently under NDA. We can dive deeper into this issue later, for now, let just focus on some basic graph.
https://preview.redd.it/y1qxvscq6w0d1.png?width=1988&format=png&auto=webp&s=0208955375a3271c1f907a421f4de250ced5d108
https://preview.redd.it/qudnu7l57w0d1.png?width=2032&format=png&auto=webp&s=f87c42968ffc4ff3c6720f58299a816d871e962e
https://preview.redd.it/d2m0z10r7w0d1.png?width=4982&format=png&auto=webp&s=fee9b4e460d2956816309a2dc8957fa232454069
https://preview.redd.it/vdk5lc0r7w0d1.png?width=4982&format=png&auto=webp&s=fdadf9714993f810a237310e2aa1f7d1dc096005
https://preview.redd.it/pe59g20r7w0d1.png?width=4980&format=png&auto=webp&s=0dabd1a2a16e2a68527aeadd050532f09a16460d
https://preview.redd.it/6cy8g3y48w0d1.png?width=1598&format=png&auto=webp&s=e44d98796c89ad13f56d7b91aa40e465d8178c9f
Analyzing both the company's performance and indicators of market manipulation, Clover Health (CLOV) does not align with the trading patterns of prominent meme stocks like GameStop (GME) or AMC Theatres (AMC), particularly in terms of moving averages. In recent days, the stock movements of Clover Health have been organic, indicating that it is distancing itself from its previous reputation as a meme stock. Despite this shift, some individuals continue to promote the narrative that Clover Health remains a meme stock, primarily because they benefit from short-selling it. Since 2021, these short sellers have capitalized on inflating the stock price to $28.85 by encouraging retail investors to buy heavily, which drew significant attention to the stock. However, since that spike, there has been a concerted effort to label Clover Health as a meme stock doomed to fail, despite the company showing marked improvement. Recent earnings reports from Clover Health demonstrate that it is outperforming traditional healthcare companies, both in terms of the Medical Cost Ratio (MCR) and managed care, further disproving the fading meme stock narrative.
https://www.reddit.com/Healthcare_Anon/comments/1crgmjp/comparison_of_moocaos_23q4_projections_vs_moocaos/
In short, the company is doing well and has the potential to compete with larger companies that are currently in trouble due to years of neglecting its managed care populations.
However, on the issue of stock manipulation, I was made of the various groups of brigades occupying the clover health reddit.
https://www.reddit.com/CLOV/
When my friends and I noticed that short sellers were using the Clover Health Reddit forum to manipulate stock prices through tactics like dog whistling and spreading FUD (fear, uncertainty, and doubt), we quickly set up a dataset to document all instances of misinformation, dog whistles, and identify those responsible. Given the legal implications, I felt compelled to act, especially since I was also a moderator on the Clov Reddit forum at the time. To address this, I gathered the evidence and presented it to the other moderators, hoping we could collaborate to report and stop the manipulative activities occurring on the forum. Unfortunately, my concerns were dismissed, and the other moderators tried to convince me that it was not a significant issue. Below is the conversation I had with the moderators. For reference, 'Jimmi' goes by the username Thisisjimmi on Reddit.
https://preview.redd.it/yb47of7ecw0d1.png?width=1380&format=png&auto=webp&s=a4404a6b3719d7f56f7e3b36b8516f24b7cc8e9b
Since the mods did not agree with me, I resigned from my position. The boys and I also filed reports with the SEC and Clover Investor Relations to inform them of the occurring stock manipulations. About a week later, I got a message from Jimmi on discord which I ignored.
https://preview.redd.it/nu6z8krtdw0d1.png?width=1140&format=png&auto=webp&s=7e0f040238611fd1f8f104d861bc4879dc85849c
I find it ironic that after I reported certain individuals to the SEC and Clover Health's Investor Relations (IR) team for unethical behavior, these same individuals threatened to report me to the SEC. Following my report, messages flooded the forum suggesting that no action would be taken. At that time, I wasn’t overly concerned; my primary goal was to perform my due diligence to protect myself should the issue escalate in the future. We continued to document everything and sent the information to the SEC to safeguard ourselves. Initially, it seemed like nothing would come of our reports. However, suddenly and inexplicably, only the Clover Health subreddit began experiencing technical "glitches."
https://preview.redd.it/m4t2xvcvew0d1.png?width=2525&format=png&auto=webp&s=43cd76e43fbc0b4c627cd96b6e9bff1285d56d0c
https://preview.redd.it/9v2e9ziafw0d1.png?width=2535&format=png&auto=webp&s=9ef47c768d73da55cf969b8a4cebf1246fcf2eda
From the screenshot provided, it's clear that something unusual occurred. Historically, the Clover Health subreddit has never reached over 6,900 members online at once—not even during the peak of the $28 pump-and-dump event. This spike lasted for about five minutes and then disappeared. A few weeks later, there was another strange incident where the subreddit seemed to vanish for approximately two minutes. I have a screenshot of this incident, but I need to locate it. No other subreddit experienced these issues, leading us to suspect that it might have been due to website flash mirroring. Despite ongoing stock manipulation, no significant action was taken until a recent development: during Clover Health's latest earnings announcement, Andrew Toy introduced a $20 million stock buyback program. A fucking penny stock doing a stock buyback. This was when we knew that Clover IR was listening, and they responded in the best way possible.
https://www.reddit.com/Healthcare_Anon/comments/1cmw9xk/clover_health_q1_earning_brief_andrew_troy_is_an/
It was at this moment that I felt ready to explain the reason behind the creation of this Reddit. I am passionate about writing on healthcare topics and educating others. However, I could not justify continuing to contribute to a subreddit that was involved in manipulating stock prices. Such actions can lead to people losing their livelihoods, and in extreme cases, even their lives. In my view, the behavior of those short-selling the stock is cruel, and I refuse to be part of such activities.
The activities on our subreddit, Healthcare_Anon, have evolved significantly. Initially focused on Clover Health, our scope has broadened to cover a substantial portion of the healthcare sector. This expansion is likely because many of us work in healthcare and are committed to being the change we want to see in the world. This broader focus has led to discussions like the recent post about Andrew's presentation at the Bank of America Healthcare Conference.
https://www.linkedin.com/posts/toyand_im-at-the-bank-of-america-healthcare-conference-activity-7196533524701552640-u_6P/?utm_source=share&utm_medium=member_ios
Toy basically reiterated Moocao's findings when he did the DD of their recent earnings. "Aetna and Humana are being very clear right now that they need to prioritize margin and profit restoration in the next few years and they will slow growth and even shrink in order to do that."
https://www.reddit.com/Healthcare_Anon/comments/1cjpur9/cvs_q1_2024_earnings_analysis_earnings_call10q/
https://www.reddit.com/Healthcare_Anon/comments/1ckys79/alhc_q1_2024_earnings_analysis_earnings_call10q/
https://www.reddit.com/Healthcare_Anon/comments/1ce2ps8/humana_q1_2024_earnings_analysis_part_1_earnings/
These companies will need to scale back if they aim to remain profitable because their profit margins are diminishing. In contrast, Clover Health's margins are improving. This shift occurred because traditional healthcare insurers focused too heavily on pursuing growth, becoming complacent with rising healthcare premiums and relying on the Centers for Medicare & Medicaid Services (CMS) to continually adjust rates to support this growth. Meanwhile, they invested minimally in developing infrastructure to enhance their managed care systems and the overall health of their populations. Andrew Toy echoed a point we've been discussing for months: these companies are too large and established to adapt quickly to the ongoing and forthcoming changes in the Medicare Advantage (MA) program and CMS regulations. Recovery will take years, and while we have hypotheses about the timing, Moocao is waiting for a few more earnings reports to solidify his theory.
Unfortunately, there's been a misunderstanding regarding Andrew's post; some people think he plans to sell Clover Assistant. I want to clarify this point. Those who believe he would sell the platform are overlooking the reality of the competitive landscape. Major companies like UnitedHealth (UNH) and Epic dominate the market, and they are not going to relinquish their positions easily. They will undoubtedly invest in developing their own solutions to tackle issues related to the CMS-HCC V28 and upcoming policy changes.
"And the answer is - yes we believe there is a huge opportunity to bring the power of the CA platform to providers to use with any payor. It would likely have a much lower per-life customer acquisition cost than the Medicare Advantage plan and we would aim to allow physicians to use the same tool for all their MA patients (a common request). Because of our technology background, we’d aim to support per member per month (PMPM) SaaS-like recurring revenue models. Because of our Insurance background, we’d also be very comfortable taking value-based risk.And most importantly, we’ll be improving patient health outcomes by giving as many physicians as possible access to data and AI for the purpose of managing chronic disease.I feel the current market disruption is very much in our favor."
Additionally, it’s important to recognize that Clover Health has consistently positioned itself as a physician enablement insurance company. Clover plans to sell the Clover Assistant (CA) to physician offices, integrating it with their existing electronic health records (EHR) systems. Moreover, you should consider the unique advantages ("moats") that make Clover Health distinct and difficult for traditional companies to replicate.
Also, why are some people overlooking Andrew's comments about Aetna and Humana lacking agility? It's unrealistic to think these companies could seamlessly integrate Clover Assistant into their systems overnight. The integration works for Clover because the insurance company was specifically built around the Clover Assistant, not the other way around.
Furthermore, we must not overlook the role of various healthcare brokers (clearance houses) in each region, which adds another layer of uniqueness to Clover's approach. If you want to delve deeper into why Clover Health’s model is unique, you can refer to my previous posts.
https://www.reddit.com/Healthcare_Anon/comments/1bpnf5p/clover_healths_diamond_mine_irb_hipaa_p4_and_ai/
The key point I'm trying to convey is that a deep understanding of healthcare from an administrator's perspective is essential to appreciate why Clover Health (Clov) is intensely focused on physicians rather than traditional health insurance companies. Clover aims to encompass the entire spectrum of care, extending beyond just Medicare Advantage (MA) and providing SaaS solutions to its competitors, who, incidentally, aren't interested in these offerings. Remember when the Chief Medical Officer of Blue Cross Blue Shield publicly criticized Andrew during an earnings call two sessions ago? Their dismissal suggests they don't perceive Clover Assistant (CA) as particularly unique or special. This underscores the industry's skepticism toward Clover's innovative approach.
For those of you who are interested in my opinion, I believe Andrew's post is a strategic vision for expanding the use of the Clover Assistant (CA) platform beyond just Clover Health's own Medicare Advantage (MA) patients to include providers serving patients with different insurers. The key points of the strategy include:
  1. Broader Usage and Lower Costs: The plan is to make the CA platform accessible to healthcare providers for use with any payer, which could significantly reduce customer acquisition costs compared to those associated solely with Medicare Advantage plans.
  2. Uniform Tool Across Patients: There's an emphasis on enabling physicians to use the same tool for all their Medicare Advantage patients, responding to a common request for more streamlined processes.
  3. Revenue Model: Leveraging their technology expertise, the company aims to adopt a SaaS-like (Software as a Service) revenue model, charging on a per member per month basis, which would ensure a steady, recurring income. This is also a cheaper and more scalable model for small businesses.
  4. Taking on Value-Based Risk: With their background in insurance, they are confident in taking on value-based risks, which involve being financially responsible for the quality of patient care, not just the volume of services provided--as fucking demonstrated by their recent earnings and margins.
  5. Improving Health Outcomes: The ultimate goal is to enhance patient health outcomes by providing physicians widespread access to data and AI tools specifically designed for managing chronic diseases.
  6. Market Opportunity: The passage concludes with optimism about the current market conditions, suggesting that the ongoing disruptions in the healthcare market align well with their strategic goals, positioning them to capitalize on these changes effectively.
Overall, the strategy reflects a vision to expand and enhance the impact of their technology on healthcare, focusing on efficiency, cost-effectiveness, and improved outcomes through advanced data and AI applications. It is not about selling it to the big guy. Clov and its board want to be the next UNH--not Optum.
Thank you for reading my posts and supporting this subreddit. I know my posts are lengthy, but it's important to me that you understand the full context and not just rely on soundbites. Some of you may not remember, but I started as a lurker just like many of you. My journey into posting began when a fellow Clover Health redditor, who had lost a significant amount of money, reached out to me in a state of despair, even contemplating suicide. That incident motivated me to start writing detailed analyses (DD) on Clover Health. For the past three years, my goal has been to prevent harm caused by those manipulating the stock market.
Fast forward to today, I now write as a hobby, aiming to educate and assist as many people as I can. Some may think it’s a futile effort and that no one cares, but Clover’s recent announcement of a stock buyback program is evidence to the contrary—they do care. However, they cannot engage in the illegal activities some have suggested; doing so would bring serious trouble for Clover. You think it's ok, but they are market manipulation and taking advantage of shareholders. Andrew is nor A-A-Ron.
Nevertheless, I hope you understand my point. One of the biggest misconceptions these short sellers have spread is the belief that your actions are insignificant. They are not. Their seemingly "innocent" spreading of fear, uncertainty, and doubt (FUD) has caused the company’s value to plummet to beyond bankruptcy levels multiple times over the past three years, wreaking havoc on many lives. I'll let you decide whether your actions are significant.
submitted by Rainyfriedtofu to Healthcare_Anon [link] [comments]


2024.05.17 02:02 ApprehensiveQuote76 Debt/Collections Lawyers?? Please Help....

I'm in desperate need of a lawyer that can handle my false collections case....I have asked for proof of my debt in writing via certified mail to an address that is listed on their BBB account.
Turns out, they've changed their address 4 times it seems since 4 different locations (2 BBB, 1 Experian, 1 Transunion) show different addresses in different cities. I sent this out on the 22nd of April, and it's the 16th of May. Track the postage and turns out it's back en route to me since I'm assuming this address isn't even real.
I've submitted BBB Claims stating these things, then requesting validity/verification of debt, and all they do is provide me an old lease and nothing stating they own this debt and no acknowledgment from myself or anything in writing by me in ties with them.
This is originally from an old apartment complex in Denver that is no longer in Business anymore and they appeared to disappear from the map (bankruptcy most likely).
All of this is extremely shady and honestly, this along has ruined most of my adult life and if I don't get this solved now I don't know what to do.
I can't even get a new place for rent cause of these scumbags since it appears that I owe them a 5 figure amount for som b/s.
I thought with me going through these channels would be able to build my case and provide the MOST documents to an apartment complex, but all these shady place use A.I (realpage) to screw us over more and don't have a heartbeart internally or just don't care.
I am at the place now that this has caused me so much distress over the last 3+ years that I want to litigate this and get a resolution.
Anyone able to help? I don't have much funds but I have nothing else to do and have lost hope....I'm praying for a friend.
Thanks for coming to my Ted Talk (Sob Story)
Edit: This collection agency now resides in Tennessee. Which I also made a complaint to the Tennessee State Attorney General
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2024.05.17 01:45 kayakero Most successful traders of all time (part 1)

The success of traders is not always easy, since there are hundreds of losses behind. Their lives are marked by both triumph and drama and surrounded by money, speculation and fortune.
We prepared a list of the most famous market makers, including legendary traders in history and modern day traders. Learning from mistakes, thinking ahead and being flexible has helped them become successful traders. Keep reading this article to be inspired by their great feats.

1. George Soros

George Soros, alias "the man who broke the Bank of England," was born in 1930 in Hungary. Being Jewish, he survived the Holocaust and fled the country at the time. He is one of the most popular and famous traders in the world. In England, Soros worked as a waiter or railway porter before graduating from the London School of Economics. This led him into the world of banking when he rose to the position of merchant banker at Singer & Friedlander.
With the help of his father, he moved to the United States to work at a Wall Street brokerage firm. Following his successful results at several firms, George created his hedge fund in 1970, called "Quantum." There he rose to fame.
In 1992, Soros made a huge bet against the British pound and made one billion US dollars in just 24 hours.
Quantum accumulated £3.9bn, and Soros borrowed more to raise a total of £5.5bn. But sterling began to fall. Soros then shorted the £5.5 billion against the German mark on September 16, also known as Black Wednesday. This contributed to the fall in the price of the currency and forced the United Kingdom to leave the European Exchange Rate Mechanism.
The result was one of the fastest billion dollars anyone has ever made and one of the most famous trades in history, which later became known as “the Bank of England collapse.”

2. Jesse Livermore

Jesse Livermore's life could serve as the basis for a movie story. Born in 1877, he was destined to be a farmer, but ran away from home to become a multimillionaire. His story is wrapped up in money, lovers, bankruptcy and scandals.
At a young age, Jesse Livermore learned to read and write, became interested in news and economics, and learned to analyze prices. With experience, he mastered detecting trend reversals and popularized modern technical analysis. Livermore was one of the first to use stop losses, a risk management tool that traders still use today.
Jesse made his first $250,000 selling stocks just before the San Francisco earthquake. In 1925, he made US$3 million by shorting wheat. He then made about $100,000 in profits by short-selling American stocks before they crashed in 1929. One of the richest and most successful traders of his time, Jesse earned the nickname “The Gambling Boy.” .
However, Jesse went through several bankruptcies. He managed to get back on the market in the first two cases, but the third bankruptcy was fatal. He made a mistake and lost all his money in 1929.
Combined with family tragedies, stress, and other failures, Jesse Livermore realized he would never be able to operate the same way again. In 1940, he shot himself to death.
By the way, her son Jesse Livermore Jr. fell into the same habits as his mother, who suffered from alcoholism, and took his own life in 1975. This happened while he was drunk, after shooting his beloved dog and trying to shoot a police officer.

3. William Delbert Gann

If you are a trader who practices technical analysis, you have surely heard the name of WD Gann and his trading theory. William Delbert Gann was born in 1878 in Texas, the first of 11 children in a poor family dedicated to growing cotton. He did not finish primary or secondary school because his parents expected him to work on the farm.
Gann believed that the Bible was the best book and obtained most of his education from it. Her writing style is full of mystery, esotericism and an indirect style that many find difficult to follow.
However, Gann created powerful technical analysis tools such as Gann angles, the hexagon, the 360 ​​circle, the 9 square, and many more. Most of them are based on ancient mathematics, geometry, astronomy and astrology, and are widely used by traders today.
Critics claim that there is no real evidence that Gann did not make profits from investments in the market and that he made money selling investment books and courses. It is unclear to what extent WD Gann became rich from his trading analysis, but when he died in the 1950s, his estate was valued at just over US$100,000.
But the amazing thing is that, a hundred years ago, Gann created trading rules, ranging from basic money management principles to mind games, that still apply.

4. Paul Tudor Jones

Paul Tudor Jones is undoubtedly one of the greatest stock market insider traders in history, with an estimated net worth of around US$7.5 billion.
After graduating from the University of Virginia in 1976, Paul began trading cotton futures on the New York Cotton Exchange. As a curious fact, he lost his job because he fell asleep at his desk after a night of partying with his friends. Paul then worked as a commodities broker and, in 1980, he founded his investment and trading company, Tudor Investment Corporation. The fund managed to achieve a 100% return during its first five years, which is a surprising fact for today.
Paul's biggest prediction was the market crash of 1987, known as Black Monday. Thanks to his accurate prediction, Jones made about $100,000 in profit instead of losing money.
Paul Tudor Jones developed his own trading strategy, which helped him be successful. His main rule is to be consistent and not expect quick money. His great risk management skills and realistic expectations of his possible operations allowed him to have a stable income.

5. Jim Rogers

From his youth, Jim Rogers had business acumen selling peanuts and used plastic thrown away by baseball fans. He graduated with honors in History and obtained a second degree in Economics from the University of Oxford. Currently, Rogers' estimated net worth is over 300 million US dollars.
In 1964, Rogers joined Dominick & Dominick, LLC on Wall Street, where he traded stocks and bonds. But from 1966 to 1968, Jim was in the Army during the Vietnam War.
Two years after his military service, Jim joined an investment bank where he met his partner George Soros. In the early 1970s, they co-founded the Quantum Fund, which gained an impressive 4,200% in ten years.
The biggest skill that helped Rogers become a successful trader was his ability to make clear forecasts. In the 1990s, he was right in his bullish forecasts on commodities. Jim has also criticized the inability of the Bank of England and the US Federal Reserve to fight rising inflation, warning that it could worsen before stabilizing.
When he retired, Rogers embarked on a three-year tour of 116 countries in a custom-built Mercedes. He broke the world record for the longest car trip made uninterrupted. He also wrote books detailing his adventures.
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