Linn Energy – The Brouhaha Edition (Working Version)

A certain Keith McCullough and Jim Cramer recently got into a very public brouhaha over Linn Energy LLC (“LINE”) and LinnCo LLC (“LNCO”). I personally enjoy these battleground stocks very much (in part, because I’ve demonstrated the ability to make money off some of them) and wanted to post my initial thoughts. I may update this post periodically, and keep it as a ‘working version’ document indefinitely.

You should assume this post is for educational, conversational, and entertainment purposes. Below, I include reasons to:

(A) Buy/Hold

(B) Sell/Short and

(C) Open Questions and Thoughts

A few disclosures:

  1. I currently hold no position in LINE, LNCO.
  2. I am currently short another name in the same or similar space(s).
  3. I have not spoken privately with Jim Cramer, Keith McCullough, or any other bull/bear about LINE/LNCO for the purposes of this post.
  4. This post is subject to change and revision, at my full discretion, at any time.
  5. 1, 2, 3, and 4 may change at any time.

Reasons to Buy/Hold:

  1. High short interest (as a shorter duration risk factor) and/or perceived high high short interest.
  2. High dividend yield (From a behavioral/decision-science perspective, the holders and marginal buyers will hold on blindly until a dividend cut or similar negative event)
  3. Great Management team, and/or the perception of a great mgmt team – A certain “Larry Bird” hedge fund manager told me that the management team says they are the best in the industry and that they have best corp dev team. CEO says he is a 10.
  4. Their dependence on Wall Street may allow them to survive indefinitely (even if it’s a de facto ponzi). It’s a incestuous, unethical relationship between Wall Street/Consultants/Lawyers/Accountants and… Linn Energy. Linn Energy gives them fees, Wall Street gives it life blood. The other enablers provide a sense of legitimacy (“false walls of integrity”)
  5. No one knows how markets will behave tomorrow, so some of these “hedge” positions may end up benefiting them disproportionately and just when they need it.

Reasons Sell/Short:

  1. Flamboyant and promotional CEO (the kind of guy many like to see fail, or are never surprised when they do fail).
  2. Some accounting concerns, specifically pertaining to cash available to meet distributions. Novastar anyone.. or?
  3. Resembles a ponzi borrower* – They depend on external capital. How much would LINN be worth if Wall Street closed indefinitely? If the equity markets fell 20%? 30%? 40%? If interest rates went to ___ ?
  4. Has that roll-up stench.
  5. High short interest (as a longer duration predictive factor)
  6. High dividend yield (seems counter-intuitive, but higher yield means its currency is cheaper, so equity as currency is less valuable)

Open Questions and Thoughts:

  1. Is Linn Energy today more like a Fairfax Financial of 2006/2007, or more like an Enron?
  2. Need to better understand these “hedges” and their entire speculative/securities book. Need to talk to relevant parties with domain knowledge/familiarity.
  3. It’s a “battleground stock” – Jim Cramer/Leon Cooperman and Hedgeye/Barron’s are the public faces of the bull and the bear (a few others have chimed in, and I know it’s been on many people’s radar). I personally like battleground situations, and have demonstrated the ability to make money off of them…but they’re not for everyone.
  4. The equity price does not appear to be at an extreme (high or low), nor is the recent velocity (price change per unit time) noteworthy.. so it seems that on a market price action basis, there is no “fat pitch”.
  5. I’m going to assume I have no edge, and that I am the “patsy on the table”. I assume Kevin Kaiser, Leon Cooperman’s LINE analyst, and the other parties who are not publicly involved know more about LINE than I do.
  6. Some believe their “hedging” is unorthodox, aggressive.

My current opinion: LINE seems like a cross between an O&G operator, roll-up, and hedge fund. I’m not sure if LINE is more of a Fairfax Financial (of the 2006-2008 time period) or an Enron. My understanding of the Fairfax story is that the shorts were correct about most of the facts, but Fairfax nevertheless ended up surviving and prospering for the following reasons (see its stock price since 2006):

  1. The government did not act upon some of the red flags, specifically the tax-related ones.
  2. Fairfax (to its credit) made a very smart bet against subprime, and it paid off asymmetrically.

1. and 2. allowed Fairfax to ‘overcome’ the red flags. It happens. So LINE could also be a situation where the bears are right about pretty much everything, but a series of unexpected and unlikely events lets it survive and thrive indefinitely… or the bears are flat out wrong. Unlike Fairfax, the cost of being wrong seems higher in the case of LINE because you can get hurt badly both on the carry cost (i.e. dividend) and the risk that the principle rises in market value.

*Ponzi, in the Hyman Minsky sense -

Minsky argued that a key mechanism that pushes an economy towards a crisis is the accumulation of debt by the non-government sector. He identified three types of borrowers that contribute to the accumulation of insolvent debt: hedge borrowers, speculative borrowers, and Ponzi borrowers.

The “hedge borrower” can make debt payments (covering interest and principal) from current cash flows from investments. For the “speculative borrower”, the cash flow from investments can service the debt, i.e., cover the interest due, but the borrower must regularly roll over, or re-borrow, the principal. The “Ponzi borrower” (named for Charles Ponzi, see also Ponzi scheme) borrows based on the belief that the appreciation of the value of the asset will be sufficient to refinance the debt but could not make sufficient payments on interest or principal with the cash flow from investments; only the appreciating asset value can keep the Ponzi borrower afloat.

Short Seller Battle Royale

I’m not sure if it’s something in the air, but there’s been quite a wave of “twitter fights” recently. A heated conversation between John Hempton and “Infitialis”, seemed like yet another frivolous fight. If you read through the conversation carefully, however, you gain a rare glimpse into some of the philosophical differences of opinion that exist among certain short sellers:

My Take

I believe that these discussions are healthy for markets, if you can look past the personal insults. The above raises some valid points and questions. I for one am not in complete agreement with either Mr. Hempton or Mr./Mrs. Infitialis.

I personally favor freer, lower barriers to entry markets  ( for the purpose of going public, and raising capital). As Americans, we are blessed with the best market system in the world (or in Churchillian terms, the “least worst”). It is imperfect, it has its flaws, but boy, it is one of our competitive advantages. As such, I want to see more companies go public so I have more choices as an investor.

HOWEVER, I also believe in tighter and more frequent enforcement. The number of fraud/accounting related SEC enforcements currently is pathetically low (I believe at a 10-15 year low). The good news is the SEC is very aware of this, and appears to want to do something about it.

I believe our market system needs greater freedom and greater law enforcement  in order to bring out the natural benefits that the free market system tends to bring out (that is, the efficient and effective allocation of capital, competition/lower prices, and innovation) while keeping it honest, and worthy of trust.

Regulators cannot regulate the human heart, but perhaps they can be better equipped to respond more quickly (and frequently) than they do so now (I’m no policy expert, but perhaps giving the SEC some criminal enforcement powers, and more staff from non-legal backgrounds might help for starters).

Questions for John Hempton 

  1.  You claim that you “ wake up every morning and pray for incompetent regulators” yet don’t you want competent regulators who are able and willing to take swift enforcement action against alleged fraudsters? Stock halts, de-listings, and other enforcement actions tend to be favorable for short sellers.
  2. “It would be very bad for my business if stock fraud were properly punished. Then there would be less of it.” Is this statement necessarily true? Take for example: suppose the supply of product coming to market simply exceeded the ability of  market participants and regulators to analyze them (and for the latter to take action)? Wouldn’t that create an environment where promising short opportunities would abound, even with competent regulators?

Questions for Infitialis 

  1. Doesn’t your success and the track record you tout (100% hit rate…or otherwise) depend on the existence of the very microcap frauds you propose could/should be banned? Wouldn’t you not exist, and your track record not exist, if it weren’t for these stock promotes?
  2. Rather than suggesting these items shown here, https://twitter.com/Infitialis_/status/347172243043934208/photo/1 , why not propose changes to enforcement ? For example, the tangible equity requirement you propose seems anti-capitalist, and a bit arbitrary. Note that many medium/large cap companies have negative tangible equity. What do you make of these real companies, with very negative tangible equity?
  3. Can you explain how your proposed “4 simple rules” could eliminate up to 99% of all Microcap fraud? Doesn’t the history of fraud show that it is a game of adaptation? And aren’t microcap frauds largely successful due to the many enablers who purposefully (but lawfully) buy into them… no law will change their behavior. So isn’t microcap fraud partly inescapable, so long as greed and ignorance exist?

“The greatest victory is the one with least bloodshed” - the Art of War

Is Edward Snowden a Hero? Most People Say ‘Yes’

snowdenpoll1

snowdenpoll2

snowdenpoll3

snowdenpoll4

Sources:

http://nation.foxnews.com/poll/2013/06/10/is-self-proclaimed-nsa-whistle-blower-edward-snowden-hero-or-traitor/

http://blogs.marketwatch.com/election/2013/06/10/whats-your-view-on-edward-snowden/

http://www.businessinsider.com/edward-snowden-a-hero-or-traitor-poll-2013-6

http://www.latimes.com/news/opinion/opinion-la/la-ol-edward-snowden-poll-hero-or-criminal-20130610,0,1334349.story

Can it Really be a Crime to Expose Crime?

“Can it really be a crime to expose crime?” – Daniel Ellsberg, Vietnam War whistleblower (famous for the “Pentagon Papers”), on Edward Snowden (technically) violating the law, in order to…fulfill the law (i.e. reveal violations of the US Constitution).

 

I hope to add my 2 cents by Saturday/Sunday… the approach I’m likely going to take is to post Snowden’s critics’ concerns, and offer counterpoints to them.

(1) On the question of oath – http://barryeisler.blogspot.com/2013/06/memo-to-authoritarians-oath-is-to.html

(2) On the question of he could’ve/should’ve done things differently – http://www.whistleblower.org/action-center/save-tom-drake

(3) On the David Brooks piece – Snowden’s girlfriend’s father kinda debunks Brooks

Jonathan said: ‘I’ve met Ed. He’s very nice, shy reserved. They’ve been dating four or five years.’
Asked if he was surprised at what Snowden did, Jonathan said: ‘It wasn’t out of character. He’s always had strong convictions of right and wrong so it kind of makes sense, but it was a shock’. Asked if he had a message for Mr Snowden, Jonathan Mills said, “Just wish him good luck and he’s got my love.”

European leaders http://www.nytimes.com/2013/06/12/world/europe/eu-official-pushes-us-to-explain-its-surveillance.html?pagewanted=all&_r=1&

Tesla – Putting Oneself in a Corner

Elon Musk tweeted the following (posting here in order to revisit at some later point):

I respect and admire CEOs and other executives who eat their own cooking, and align their incentives with shareholders’ interests. They are to be applauded and encouraged. America needs more executives like this… as the majority seem to enrichment themselves, at the expense of shareholders (a tale for another time).

That said, I can’t help wonder if Musk is unnecessarily putting himself in a corner, and risking the appearance (or actuality) of uber-hubris. Why proclaim such to the world? Just do the right things, and people will notice.

just ask Bill Ackman what the appearance of hubris does, and what putting oneself in a corner looks like. People react. It’s one thing if Tesla or Elon Musk were in need of attention…which they don’t. In fact, I can’t think of a company as widely followed by fans and critics alike, as Tesla is. People will notice (and reward) good corporate governance and management integrity. Promotion, hubris, and hype… well, we shall see how people react to these things.

Few Additional Observations:

  •  ”I’m not dating Cameron Diaz” – Elon Musk
  • There was a Google Finance error which at one point displayed SolarCity (“SCTY”) having a trillion $ market cap. Musk tweeted about that, with (what appeared to be) gusto.

Unconventional Idea Generation

A former classmate of mine (who was fairly popular) seems to be the ultimate short idea generator (all his employers ended up being exceptionally great shorts). If you look at his resume, he looks like the guy you’d want to hire… I’ll let the world (and the all-knowing head-hunters) believe that. As far as I’m concerned, he’s an incredible idea generator. For short ideas…

Employment history

2006-2008 – Bulge-bracket, “too big to fail” investment bank (phenomenal short)

2008-2009 – Private equity (phenomenal short)

2009-2011 – Obama Administration – Clean-tech investments (phenomenal short… think Solyndra)

2011 – GroupOn (Phenomenal short)

2011-Present – Mobile/Social Commerce …. 

Originally posted on May 31, 2013

::UPDATED:: June 3rd, 2013

It seems that a certain Carson Block, and Muddy Waters Research LLC  (directionally) agrees:

It (Silicon Valley) has “a lot of truly innovative companies, but there are also a number of companies in the Valley that are more pretenders,” he says, adding that tech companies won’t be Muddy Waters’s exclusive focus.

Though we share a coincidental interest in tech companies (that may or may not be HQ-ed in Silicon Valley), Salesforce.com’s recent acquisition makes you really wonder.

The Great Frauds Are Not Relics of the Past – History is Doomed to Rhyme

Two people, whose opinions I respect very much, independently made the following claim to me recently: “The great frauds of the late 1990s/early 2000s (Enron, MCI-Worldcom, Lernout Hauspie, etc) are a thing of the past… those types of frauds are likely never to happen ever again.”  My gut reaction to their belief was that they are wrong, and I told them as much (isn’t it ironic these two made this claim, just as US markets hit all time highs?). Rather than relying on my instincts, however, I decided to look into the evidence.

To sum it up: the evidence does not support their opinion. Look no further then the fraud implosions of the  2006-2008 period as proof that falsifies the belief that the late 1990s/early 2000s somehow marked the end of the great frauds (not to mention, there have been some more recent frauds as well).

Some of  you may wonder, “So what? That’s all in the past.” Others will wonder, “Why? Why didn’t Sarbanes Oxley, etc. prevent some of the fraud-driven implosions from occurring in 2006-2008?” I will not discuss the “why” question, but I will express the following opinion:

I believe we’re entering a period where we will see a wave of some truly great fraud implosions (like we did in the late 1990s/early 2000s), within the next few years.

The following is a summary of my research (I tend to focus on how to monetize via single names, which I do not cover in this post):

  • Macro Matters - Frauds seem to unravel (come to an end) in cycles, usually clustering around market corrections/crashes. We’re due for a correction, and the faster and higher we go, the greater the risk of a disruptive crash.
  • Short Sellers, Whistleblowers, and Regulators Matter - Frauds are less macro dependent when  (1) regulators do their job (i.e. enforce existing rules) (2) short sellers speak out &  are taken seriously, and (3) whistle-blowers act . When short sellers/regulators/whistleblowers win, absolute return investors/speculators win as well, as fraud stocks decouple from the overall market.
  • Poor Regulation/Enforcement Increases the Frauds’ Correlation to Macro - Frauds seem to become pro-cyclical when regulators are complacent, incompetent, or (in some cases) corrupt. In these cases, frauds grow larger and last longer than they otherwise would/should have. Adds to market instability, volatility, and reduction of confidence.
  • The Short Sellers’ Pain, is No One’s Gain  - Going long highly shorted stocks has been a very fashionable trade since Q4 2012. Yet history clearly shows that “get shorty” is not the path to long-term prosperity… “get shorty” almost always precedes market corrections/crashes (the sole exception to this seems the beginning of a secular/structural, multi-year bull market; and if you believe we are entering one, I encourage you to express your views accordingly). If you try to get shorty, the market will get you. And then some.
  • Vilification of Short Selling and Free Speech Precede Market Turbulence – If you think it through very carefully, short selling is a form of free speech (a subset, if you will). The ridiculous and absurd vilification of Rocker Partners by Overstock.com/Patrick Byrne, and Greenlight Capital by Allied Capital and the SEC… well, those things occurred 1-2 years before some serious market volatility. If you think “this time is different” … time will tell.

What Investors/Speculators Should Do

  • Limited Partner types (Endowments, family offices, pension funds, etc) should start adding exposure to funds with short selling expertise… there aren’t that many out there. This can come in form of net short/short only, long/short, volatility, credit, event-driven, special situation, opportunity, and even macro vehicles. The key is finding a fund that has a natural short seller on board (short sellers are probably born, not made; many famous short sellers have said as much). Even better if the person at the top (the head PM/CIO) is a short seller, who has subsequently branched to do other things. Those who tout AMZN as shorts are to be avoided…as they’re not short sellers (a red flag). They are closet value, long-only  guys looking to “learn” how to short (at your expense), and justify 2 and 20 compensation structure.
  • General Partner types (hedge funds and family offices) – Most professionals in the hedge fund world are blessed with not possessing the short seller “gene”. You might want to start looking to add someone who does though. You will likely have to throw out your normal hiring criterion: most of the great short sellers have very… non-traditional backgrounds, especially on paper. A few look kinda, sorta normal on paper, but the vast majority don’t. Just take a look at the Feshbach Brothers, Citron Research, Muddy Waters Research, and many others, to see what I mean.
  • Do your own homework, and/or spend the necessary $ and time resources. There’s a fine line between being cheap, and being stupid. You buy insurance when you (think) you don’t need it. You’re smart to buy insurance when it’s cheap (when valuations of the lying are higher, not lower). Compare buying index options, short ETFs, vs. paying a short seller with an inverted 2/20 structure (see Kynikos). You’ll find that it’s actually cheaper and more effective (in the case of short selling, not all hedge funds) to pay a short seller, rather than do it yourself.
  • Be a risk manager, not a career risk manager. Investors seem to, time and time again, buy insurance at market lows, and sell insurance at market highs. The ever trend-following types, added short exposure in late 2008/early 2009, not 2006/2007. In 2001/2002, not 1999/2000. You don’t have to follow the crowd, if your goal is capital preservation AND enhancement.
  • Consider reducing exposure to funds that have performed exceptionally well the last few years.

On a lighter note: word on the street is that women make just as good (if not better), short sellers as men.

::UPDATED:: 2013 05 29

Here are a few things that contextualize why I believe that history is doomed to rhyme:

(1)  “Covenant-lite” loans have soared to more than 50% of all loan issuance so far this year, twice the level seen during 2007”

(2) SEC accounting focus returning – “Congress also added to the SEC’s responsibilities when it passed Dodd Frank. So Congress both gave the SEC more to do and fewer resources.” -

http://online.wsj.com/article/SB10001424127887324125504578509241215284044.html#articleTabs%3Darticle

(3) Harvard study shows high levels of cheating (i.e. bad behavior is omnipresent wherever there is “pressure, opportunity, and rationalization” – the fraud triangle… Harvard isn’t the problem; it’s merely a microcosm) http://www.thecrimson.com/article/2013/5/28/senior-survey-2013/?page=single#

(4) Free speech and media under threat ( and a badboy from the Allied Capital days holds position of power) -

U.S. Attorney in Phone Leaks Has Seen Both Sides - http://www.nytimes.com/2013/05/21/business/us-attorney-in-phone-leaks-has-seen-both-sides.html?pagewanted=all

Leak Inquiries Show How Wide a Net U.S. Cast - http://www.nytimes.com/2013/05/26/us/leaks-inquiries-show-how-wide-a-net-is-cast.html?pagewanted=1&_r=0&adxnnlx=1369505313-YF0G3tpKU8tum4wASCh6yA

Press Sees Chilling Effect in Justice Department Inquiries –  http://www.nytimes.com/2013/05/25/us/politics/reporters-see-chilling-effect-from-justice-dept-inquiries.html?hp&_r=1&

(5) Skyscrapers…gotta love them skyscrapers -  http://www.businessinsider.com/skyscrapers-that-predicted-financial-crises-2013-5?op=1

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