Posts related to ‘SEC’

VeriFone’s Long Journey on the Rehab Trail (PAY)

Verifone_imageWe noticed a huge surge in activity over at Volume Spike this morning in shares of VeriFone Holdings Inc. (NYSE: PAY). You can thank the company finally giving a positive outlook and its cleaned-up accounting mess that has been a gorilla on its neck.  Verifone makes the point-of-sale terminals used to process credit and debit card transactions which you have likely seen at grocery stores or many other retail outlets.  As you read on, you might even determine that the worst is close to being finished.

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Sirius (SIRI): A Miss Is As Good As A Mile

Sirius_satellite_radio_1Sirius (SIRI) second quarter earnings demonstrated once again that, even after a merger with XM the new entity is not a viable business. The company’s gross subscriber additions were 1,029,287, barely above the 1,002,145 in the same quarter last year.

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VeriFone Sets Do or Die Date With SEC (PAY)

VeriFone Holdings Inc. (NYSE: PAY) is seeing a rather solid recovery this morning early on, but the volume is rather light considering its past and shares have already pulled back nearly 5% from its post-open highs so far.

The company issued a release today with the announcement that it plans to FINALLY file its amended and restated financial reports as follows:

  • Quarterly report for January 31, 2007
  • Quarterly report for April 30, 2007
  • Quarterly report for July 31, 2007
  • Quarterly report for October 31, 2007
  • Quarterly report for January 31, 2008
  • Quarterly report for April 30, 2008
  • Annual report for the fiscal year ended October 31, 2007.

The troubled financial transaction processing terminal operator has set the do or die date of August 19, 2008 as the date it will make its filings with the Securities and Exchange Commission on August 19, 2008.

This stock has had a miserable time after it disclosed its issues in 2007 which would cause restatements over accounting issues.  To illustrate just how bad the pressure has been even after a 50% recover from lows, this stock’s 52-week trading range id $10.10 to $50.00.

Jon C. Ogg
July 28, 2008

Investools Hit By Double Whammy (SWIM)

Investools Inc. (NASDAQ: SWIM) is under serious fire this morning from traders.  The company posted net income of $0.17 EPS, but First Call was at $0.21 EPS.  This is on a record revenue with a gain of 39% to $91 million. 

A miss on earnings is one thing, but this disclosure is something different entirely:

  • "The Company is cooperating with a non-public, informal inquiry by the SEC relating to representations by certain presenters in certain portions of their presentations at some of the Company’s seminars. The Company has been cooperating with and intends to continue to cooperate with the SEC. Because it is ongoing, the Company cannot predict the outcome of this informal inquiry at this time, and, as a result, no conclusion can be reached as to what impact, if any, this inquiry may have on the Company or its operations."

This stock rose exponentially over the last 4 and a half years and had gone more range bound over the last year-plus.  An SEC inquiry after a miss is not going to be welcomed by any stretch of the imagination.

Shares closed at $12.48 and the 52-week trading range is $9.29 to $18.23.  Unfortunately, that was the 52-week trading range.  Shares are now down almost 35% pre-market at $8.20 on very active volume of more than 500,000 with an hour to the open.

Depending on what these position claims are, this will either end up with a slap on the wrist… or a kick in the you know where.  So far traders are kicking.

Jon C. Ogg
May 2, 2008

Municipal Bond Iissuers Can Bid On Own Debt

The SEC has cleared the way for muni bond issuers to bid on their own debt.

According to MarketWatch the bids can be made "without incurring charges of market manipulation."

Douglas A. McIntyre

CEOs Time Stock Gifts A Little Too Well (HMA)(MSM)

It looks like CEOs are timing stock gifts, especially those to their family foundations, a little too well

A study by a professor at New York University looked at 151 gifts over over $1 million between 2003 and 2005. According to The Wall Street Journal the study "finds that many donations to the family foundations occur just before sharp drops in the companies’ stock prices." The professor told the newspaper "I think the IRS would take a dim view of altering a date of a gift in order to get a bigger deduction."

Management mentioned in the article includes CEOs or past CEOs at Health Management (HMA) and MSC Industrial (MSM).

Douglas A. McIntyre

Shaw Group’s SEC Inquiry Ends (SGR)

The Shaw Group Inc. (NYSE: SGR) has just announced that it has received notification from the Securities and Exchange Commission that the SEC’s Division of Enforcement has completed its informal inquiry.  The company first announced this inquiry in June 2004.

The Division of Enforcement does not intend to recommend any enforcement action.  This had been a hanging chad so to speak, although after having dug around into the scope of this we had surmised that nothing of any consequence would really come from this.

Shaw Group shares closed at $59.77 Thursday, and while it hasn’t yet traded it appears that shares are indicating up around $60.50 initially.  The 52-week trading range is $28.60 to $77.30.

Jon C. Ogg
December 28, 2007

Rambus Escapes SEC Options Probe Unscathed (RMBS)

Rambus Inc. (NASDAQ:RMBS) has announced that it received notification from the SEC stating that the informal investigation into Rambus’s past stock option practices has been terminated and that no enforcement action has been recommended to the Commission.

Shares of Rambus closed up 3% with a strong semiconductor market today at $19.84.  Shares were up 1.7% at $20.19 on last look in after-hours trading, and the 52-week trading range is $12.05 to $23.95.

Jon C. Ogg
December 5, 2007

Jon Ogg can be reached at jonogg@247wallst.com; he does not own securities in the companies he covers.

VeriFone Does The Unthinkable (PAY)

VeriFone (NYSE:PAY) is seeing shares crushed today after the company issued a release stating that it was going to restate financial results and quarterly financial statements for 2007.  This is due to errors in accounting related to the valuation of in-transit inventory and its allocation of manufacturing and distribution overhead to inventory that affects the cost of revenues.

Its revenue forecast for Q4 actually looks above plan, but the results are being delayed and no one wants to trust a company that restates recent results.

It is under a planned share sale under a 10b5-1 plan, but the CEO sold 43,300 shares just last week and that will bring additional criticism over the timing of this news.  This will draw additional fire today.

This seems to be the worst drop in the share price in memory.  "Accounting irregularities" and "sudden financial restatements" are never good things to hear.  We caution against believing that these huge drops are immediate buying opportunities because these historically only pop a bit before drifting lower.  That being said, we do expect that some who have been waiting for a chance to buy the stock after its huge run since early 2005 may have a hard time resisting the decision to buy shares. 

VeriFone shares opened down huge at just under $30.00, and now shares are down 46% at $25.50 in early trading.  Morgan Keegan was the first of the firms to downgrade this almost 60 days ago, but you can expect the other analysts may have to bail on backing a company after a blunder like this.  VeriFone makes the credit and debit card transaction swipe machines you use at the grocery store and elsewhere. 

Jon C. Ogg
December 3, 2007

Bidz.com On The Offensive (BIDZ)

Shares of Bidz.com (BIDZ) are trading up 8% pre-market after it announced after yesterday’s close that it was going to investigate possible wrongdoing by Andrew Left of Citron Research after his negative report on his website and would report trading activity to regulators.

The company investigation also notes "and others in connection with recent trading in the Company’s securities."   Bidz.com said it is concerned that recent trading activity may not be in compliance with SEC guidelines and even mentions naked short selling.

Bidz.com has also warned taht trading may be volatile as shorts are covered and the like.  That might be an understatement since this stock was cut in half.

This one caught more traders off guard because it had been recently added to the Investors Business Daily list.  This stock did briefly qualify for review in our weekly "10 Stocks Under $10" but it didn’t last under $10 very long.

Bidz.com shares are trading up 8% at $10.91 in pre-market trading.

Jon C. Ogg
November 29, 2007

Quality Systems Free From SEC Inquiry (QSII)

Quality Systems, Inc. (NASDAQ:QSII) has issued a release stating that it received a letter dated November 19, 2007, from the Securities and Exchange Commission (L.A. regional office) that informed CFO Paul Holt that the SEC has completed its previously disclosed investigation of trading activities in Quality Systems’ securities.  The SEC does not intend to recommend any enforcement action concerning such activities to the Commission.

Quality Systems already released its earnings back on October 31, and shares have lost roughly 17% since then. While there have not been any trades pre-market, shares are indicated slightly higher than yesterday’s $29.19 close.  Its 52-week trading range is $26.08 to $45.44.

Jon C. Ogg
November 20, 2007

A Fully Compliant Dell (DELL)

Dell (NASDAQ:DELL) issued a release today with the news that it has received a letter from the Board of Directors of The NASDAQ Stock Market LLC confirming that the company has regained compliance with all NASDAQ listing requirements by reason of its recent filing of past due periodic reports.

This is really just a follow-up to this week’s news that Dell had gotten its filings up to date.  Between you and us, Dell was never really at risk of being delisted despite the saber rattling and the implications of not being compliant.  About the worst it ever faced was having a "E" or a "D" on the end of it, and even then that wasn’t really a long term risk.

It looks like the company is going more interactive with product video demos, as well as other promotional efforts:  Dell launched its first online interactive year-in-review, which can be found at www.dell.com/fy07yearinreview. The new year-in-review site features videos and Flash microsites that describe the company’s products, services, milestones and impact around the world.

Dell will still benefit from a strong PC cycle, as will H-P.  The only thing for new money now is that the "easy money" has been made, and now we just have to estimate how much Dell’s share buyback plan being reinitiated can carry it on top of the turnaround plan.

Jon C. Ogg
November 1, 2007

SEC To Probe Countrywide (CFC) CEO

Did he or didn’t he? That is the question being asked about Countrywide (CFC) CEO Angelo Mozilo and his 10b5-1 stock sales plan. Normally these programs are set up to cover regular stock sales over a number of months or years.

If the plan is entered into on a date when the executive has no knowledge of material company events, the individual can sell a set number of shares on a set timetable. The plans are rarely altered until the selling is completed. The programs allow shares to be sold during black-out periods and when executives do have material information because the sales dates and number of shares sold were set in advance.

But, Mozilo appears to have changed his plan to accelerate his sales. According to The Wall Street Journal, he "sold at least $130.6 million in company stock in the first half of the year."

If Mozilo did make a change and increase the pace of his sales or knew something about the upcoming mortgage market meltdown when he initially filed for the selling, things may get mighty hot for him.

Douglas A. McIntyre

Diebold’s Revenue Recognition Changes Ahead of Election Year (DBD)

Diebold Inc. (NYSE:DBD) has announced some changes to its revenue recognition practices deemed the "Bill & Hold" basis within its North America segment as part of ongoing discussions with the SEC.  Diebold will discontinue the use of bill and hold as a method of revenue recognition in both its North America and international businesses, and it is in the process of determining which method will used ahead.

What is interesting is that this represented 11% of consolidated revenues in 2006.  The company said that the timing in revenue recognition would impact previously reported cash by operating activities or its net cash position.  But that might not mean that there won’t be restatements to revenues.  Ultimately it will be a wash when smoothed out through time and will likely see this move into "new orders" or "backlog" instead of current revenues, but that 11% is worth noting.  We won’t say exactly how the revenue recognition will change because the company itself hasn’t decided.  Upon completing this review and potential restatement process, Diebold indicates that it will be in a position to provide updated revenue and earnings guidance for the full-year 2007.

Just last week there were reports that the company had disputed voting results in a local California election, and there are reports almost monthly regarding electronic voting reviews.  As we head into the 2008 presidential election you can bet long and hard that Diebold and its electronic voting machines will come under scrutiny and garner more media attention regarding the perils (and benefits) of electronic voting.

But there is an interesting issue surrounding Diebold, despite your political bias and despite your opinion of electronic voting.  Despite all the negative coverage and all of those coming to the defense of e-voting machines, Diebold stock may not perform the way you might guess in election years.  On an adjusted basis:

  • Shares closed out 2005 at $36.69 and closed out 2006 at $45.90.  That represents a 25.1% gain on an adjusted basis.
  • Shares closed out 2003 at $50.35 and closed out 2004 at $52.87, representing roughly a 5% gain on an adjusted basis.

Unfortunately, this stock sits at $45.61 as of Monday’s close and the 52-week trading range is $41.41 to $54.50. 

2008 is probably going to have more and more e-voting, although public challenges to this pose a risk according to the company.  In 2006 the company claimed more than 150,000 touch screen and optical scan units were used in 34 states for electronic voting.   It makes you wonder if the day will ever come that we can merely cast votes at ATM machines.  Diebold would probably like that, particularly as Diebold is a leader in manufacturing and servicing ATM’s as its major operations.

Jon C. Ogg
October 2, 2007

SEC Looks For Insider Trading At Hedge Funds

The SEC will beging to step up its examination of insider trading at hedge funds. According to Bloomberg "SEC officials told hedge funds to list clients and workers who serve as officers or directors of publicly traded companies, along with the names of any relatives who hold such posts, according to a 27-page letter to industry executives."

Hedge funds often have early information on buy-outs and often are involved in financing them. A number of funds also invest in public company private financing deals where a company sells stock to a fund with the shares being registered at a future date. There has been concerns that funds may short shares in these companies before those shares can be freely traded.

SEC inspectors conducted about 2,400 reviews of investment advisers and brokers during the fiscal year ended September 2006, according to the agency’s annual report. And, it would appear that the number is going to rise.

Douglas A. McIntyre

SEC Pushes Harder On Exec Pay

Almost 300 CEOs are getting letters from the SEC. They include the heads of American Express (AXP), GE (GE) and Coca-Cola (KO). The agency wants more details on how their compensation is determined. This even includes details on specifi work done by pay consultants who work for board comp committees.

According to The Wall Street Journal: "The letters are intended to help issuers better explain why they’ve paid executives what they’ve paid them," said John Nester, an SEC spokesman The paper goes on to write: "Some letters posed highly technical questions, even though SEC officials had previously encouraged companies to simplify their often wordy proxies."

The issues here are not immensely complex, but they could be time consuming. The entire process which goes into setting pay for the senior management at a company may take several months and a number of board members and consultants.

But, there is a way around this. The SEC could ask that the audit firms that verify financials also supply all of the necessary information on management pay. Audit firms have the expertise to examine complex and detailed issues and they are responsible to a company’s audit committee. Thus, the compensation committtee would set pay, and the auditors would report the factors that go into the calculations.

That way, no one can borrow the company plane without the audit firm knowing it.

Douglas A. McIntyre

DELL: Fully Reporting Soon After Restatements & Internal Investigation Results (DELL, HPQ)

Dell (NASDAQ:DELL) has decided to do something that is probably not coincidental.  It announced that it has completed its internal investigation and will restate its financials.  Any shot this was to take away some of the momentum or thunder from what would have otherwise been a Hewlett-Packard (NYSE:HPQ) focused day after its solid earnings?  That can’t be a coincidence, not one bit.

As a result of accounting errors and irregularities identified in that investigation and in additional reviews conducted by management, the Audit Committee has determined to restate the company’s financial statements relating to fiscal 2003, 2004, 2005 and 2006 (and interim periods) and the first quarter of fiscal 2007. Dell’s previously issued financial statements for those periods should no longer be relied upon.  Here is the result of the findings in summary:

  • Net revenue for each annual period is expected to be reduced by less than 1 percent of the previously reported revenue for the period.
  • The cumulative change to net income for the restatement period is expected to be a reduction of between $50 million and $150 million and the cumulative change to earnings per share  for the restatement period is expected to be a reduction of $0.02 to $0.07.
  • The largest percentage changes in quarterly net income and EPS are expected to be in the first quarter of fiscal 2003 and the second quarter of fiscal 2004, each with expected reductions of between 10 percent and 13 percent; the fourth quarter of fiscal 2005, with an expected reduction of approximately 7 percent; and the second quarter of fiscal 2005 and the third and fourth quarters of fiscal 2006, each with an expected increase of approximately 5 percent to 7 percent. Net income and EPS for each of the other quarters are expected to change by 5 percent or less.
  • The adjustments are not expected to have a material impact on the current balance sheet.  The adjustments are not expected to have a material impact on cash flows during the restatement period and are not expected to have a significant effect on the reported results of future operations.

If you read on through the company’s release, you’ll see that the company also found intential manipulation to attain certain financial targets.  It also found it did not maintain an effective control environment with adherence to GAAP standards.  CFO Don Carty has also issued several remedies it will take to fix the control issues and to eliminate this ahead.  Lastly, it addresses the ongoing SEC investigation.  The SEC’s investigation is ongoing, and there can be no assurance that there will not be additional issues or matters arising from that investigation.

All that really matters to us is that the wrong doings are not so bad that they will topple Michael Dell.  He came back and everything he telegraphed and that had been indicated before could have led anyone with a half brain or more to conclude that there were some pretty big manipulations inside the company.  As long as Michael Dell is not toppled, then this is the news we have finally all been waiting for.  The company will begin reporting again, and that is all we really care about.  This just fixes the rearview mirror.  The restatements are bad as all restatements are, but they don’t look so crucial that past analysis was anything that will topple it.  It is even possible that some will be given a pair of cuffs instead of a slap on wrist by the SEC, but this still gets the issue mostly behind and should be viewed with some relief as long as it has no effect on Michael.  The doomsday crowd will say this is horrible and they will point to the years of intentional misgivings, but longer-term PC and tech investors will say this is what the market has been waiting for and the company can finally spend all efforts focusing ahead rather than dealing with the past.  You can find Dell’s full release here on their IR site.

Jon C. Ogg
August 16, 2007

Jon Ogg can be reached at jonogg@247wallst.com; he is the publisher of the 24/7 Wall St. Special Situation Investing Newsletter and does not own securities in the companies he covers.

Accredited Home Lenders, Maybe Not So Accredited (LEND, AHM)

Accredited Home Lenders Holding Co. (NASDAQ:LEND) is in trouble this morning.  Shares were down 30% in pre-market activity after an SEC Filing from the company warned of solvency issues, although the trading has improved a bit since then.  The company even issued a ‘going concern’ note on itself.  Apparently the company is worried that after the debacle at American Home Mortgage (NYSE:AHM), creditors and lenders may place margin calls on it as values of the underlying mortgages come under more and more questions.  Unfortunately it can have these margin calls on a one-day notice.  This wouldn’t be the first margin call it ever received, but things have deteriorated further and finding firms that are willing to be white knights or that can come to aid is nearly impossible right now if you are a lender in the soup.

Lone Star Funds has a buyout offer for Accredited Home Lenders, but the obvious fear is that it will either back out entirely or that it will take the juice out of the buyout.  The company is also trying to renegotiate terms to avoid defaulting and avoid a liquidity crunch.  It is also now delinquent in SEC filings.  Accredited Home Lenders shares are down over 20% to just over $6.25.  Its 52-week trading range is $3.77 to $47.82.

How would you like to own that at $40+ and be wondering if the company can make it back up there?  You know that happened to some.  Ouch.

Jon C. Ogg
August 2, 2007

Jon Ogg can be reached at jonogg@247wallst.com; he does not own securities in the companies he covers.

General Electric (GE) Financial Changes Immaterial: A Sideshow Compared To Catalysts

General Electric’s (NYSE:GE) 10-Q filing included some accounting changes that will have an impact on results from the years 2000 to 2004.  Before you have a conglomerate accounting irregularity freak-out session, there are many other things to worry about elsewhere like the weakening stock market because these changes to results are in reality quite small and really do not look company-wide.  Sure, this may make cover stories for the weekend versions of the Wall Street Journal and will be in other papers this weekend, but that’s because it is easier to garner more interest if there are concerns and possible scandals to report.

If you follow "Legal Proceedings" then this is not really anything GE investors should worry about.  Based upon what I was able to garner from a recent luncheon with GE’s CFO Keith Sherin companies this spread out and anywhere close to this large will have reviews in some form or another in one unit or another for the end of days.  That is the price in a post-Enron financial world.  If you want a prediction right here and right now you heard it from me: this isn’t the last restatement or accounting change you’ll ever see, and this isn’t likely a systematic problem spread across General Electric.  Take a look at some of at the copied verbatim for exact wording out of the 10-Q:

In connection with the SEC’s investigation, the Audit Committee of our Board of Directors, with the assistance of independent counsel, undertook a review of the Rail transactions. Based on this review and as further described below, we have determined that revenues had been inappropriately accelerated so that they were recognized in the fourth quarter of each of the years 2000 through 2003 rather than in the first quarter of the following year. Our management and Audit Committee determined that the effects of the Rail transactions are not material to our financial statements under applicable SEC guidance and accounting literature. If the transactions had been recorded in the appropriate quarters, the effects on GE’s consolidated revenues, earnings before income taxes and accounting changes and net earnings would have been less than 0.2% in each year.

In each of the years, basic and diluted net earnings per share would have been unaffected had these transactions been correctly recorded, except that, because of rounding, (1) 2003 diluted net earnings per share, understated by $.0009, would have increased by $.01, and (2) 2002 basic net earnings per share, overstated by $.0022, would have decreased by $.01. In addition, in fiscal years 2001 through 2004, basic and diluted net earnings per share, as originally reported, would have been unaffected if these transactions had been correctly recorded.

The effects of the Rail transactions on revenues and profit for the segments containing the Rail business, as originally reported, from 2000 through 2004 would have been less than 4.5% in all annual and quarterly periods other than the fourth quarter of 2002 and the first and fourth quarters of 2003. Industrial Products and Systems segment revenues and profit were overstated by 8.8% and 14.5%, respectively, in the fourth quarter of 2002 and understated by 30.0% and 35.4% in the first quarter of 2003; Transportation Systems segment revenues and profit were overstated by 22.6% and 16.6%, respectively, in the fourth quarter of 2003. Transportation Systems was the smallest of GE’s 13 segments in 2003, representing 1.9% of consolidated revenues and 2.3% of consolidated earnings before income taxes and accounting changes.

In the Rail transactions, we transferred locomotive titles but not sufficient substantive risks and rewards of ownership to financial intermediaries. One quarter after title transfer, we delivered those locomotives to the ultimate railroad customers. Our Audit Committee has determined that, in connection with the Rail transactions, several individuals in our Rail business and in our capital markets group engaged in intentional misconduct that misled those responsible for accounting oversight and further that the transactions were also not adequately examined by those responsible for accounting oversight.

Ultimately you will have to decide on your own how material this is.  Back in February we noted how the "Material Weakness" section in the Annual Report was not all that material for a company this large and with this many units.  If this was very material, then there be changes to internal controls and procedures in the filing and those were deemed effective. I won’t bother trying to explain all of the changes going on in accounting, but in the luncheon I attended in New York City with GE’s CFO Keith Sherin this week one of the points that the CFO discussed was the ongoing accounting reviews and changes.  He specifically noted some derivative restatements and said that FAS-133 reviews were ongoing.  My own impression is that this is being mandated not just at GE but is much more systemic with conglomerates and SEC reviews in general, particularly as Mr. Sherin noted that FAS-133 needs some simplifications and some more common sense rubbed over it. 

Mr. Sherin gave a broad overview of the company, and my own personalysis interpretations will tell you in as close to matter of fact as an outsider can that this is not an issue keeping anyone up at night other than the actual motions and time involved.  There are many more positive engines (no pun intended) right now that are acting as drivers for the company.  Keith Sherin used the term "growth company" more than once, and with a broad 20% target for return on capital each year you can see why. 

Unfortunately the stock market has the sniffles, that turned into a full blown cold Thursday, and if Friday’s end of day trading was any indication then the doctor is worried the market may have to go to the doctor if the patient doesn’t improve this weekend.  Hopefully the market will have a bit more stabilized trading next week, because we have a series of segments we’ll be running on General Electric with both sides of the coin on each.  But after being able to give this a couple days of segmenting analysis the company sure seems like it has a hell of a lot more going for it in the near future compared to accounting worries that can be blown way out of proportion if they are ’spun’ with a crafty pen.  There is always some pause that has to be given now any time there is any word of accounting restatements, but remember that the media can sell you more newspapers and keep you watching longer if they can convince you a scandal is looming. 

You should be worried much more about the good old stock market in general dragging GE than this issue, or at least that is the opinion of yours truly.  This stock was holding its own quite well and managing to hold $40.00 until the market cracked and if you look at and compare the intraday charts on GE versus the DJIA and the S&P 500 this week then you can see that the DJIA and S&P 500 are pulling GE down rather than GE acting as a catalyst hurting the markets.  Anyhow, it is always safe to assume there can be more disclosures such as this, but so far GE still looks like it wants to act as a leader when the market goes up rather than a drag.  Stay tuned next week as we roll out some of these feature stories on various aspects of the company with analysis on each.

Jon C. Ogg
July 27, 2007

Jon Ogg can be reached at jonogg@247wallst.com; he does not own securities in the companies he covers.

CEO’s Who Need to Go: John Mackey of Whole Foods (WFMI, OATS, KR)

Calling for a CEO to leave a company or to be fired is not an easy task, and many market pundits demand a management change far too soon and far too frequently.  After reviewing all the data, one final outcome is becoming more and more clear: John Mackey of Whole Foods (NASDAQ:WFMI)needs to step down.  If he doesn’t resign completely, he needs to at least turn over his CEO badge pending the SEC investigation and internal review.  This would allow him to remain as non-executive Chairman, would allow him to remain somewhat in control, and would send a better message to shareholders.

First and foremost, this anonymous message board posting issue is not the sole reason.  But it certainly is the final reason.  ‘Rahodeb’ was his online alias, but it might as well have ‘toidiel’ and there is the full 1394 or however many posts it really was.  When this story first broke last week Mackey’s position as an ‘effective leader’ was questionable.  Now it is probably set.  Online stock message boards are no place for officers of public companies to make anonymous commentary, particularly when criticizing competitors or trying to pump their own public company.

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