Saturday, March 07, 2009

Newsday Invites Soft Forgetfulness of NewsPrint Industry


But, soft! what light through yonder window breaks? ~ William Shakespeare ("Romeo & Juliet").

Could it be the greenish glow emitted from the LCD flat screen of some portable mobile device, as yet another "Gen Y" scrolls through their morning paper, with an occasional perfunctory sip of their Starbux coffee--blithely unaware another newspaper plant has closed....
"Our goal was and is to use our electronic network assets and subscriber relationships to transform the way news is distributed,” said Chief Operating Officer Tom Rutledge on Cablevision Systems’ (CVC-$10.35) conference call. The question going forward is what will happen to the print version of Newsday? … Read More….
Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Friday, March 06, 2009

Dark Future for Evergreen Solar



Lux Research predicted last month that solar cell and module capacity will overshoot demand by twofold in 2009. The 10Q Detective speculates that capital-starved Evergreen Solar (ESLR-$1.05) will not survive the impending industry shakeout.

At December 31, the solar panel maker had approximately $155 million in unrestricted cash on its balance sheet. However, the first phase of its Midland factory (in Michigan)—where it plans to manufacture the unique high temperature filament used in its wafer process—and debt service interest payments will require about $120 million in cash through the 1H:09, leaving just $35 million available to fund its operations, according to its recently filed
2008 annual report with the SEC.

Chairman and Chief Executive Richard Feld told analysts on the
fourth-quarter 2008 earnings call that signed customer contracts totaled 79-megawatts in 2009, 116-megawatts in 2010, and 254-megawatts in 2011. However, operating losses are expected to continue until the Deven’s (Mass) facility reaches production capacity of about 160-megawatts, according to the 10-K filing. In addition, as the plant only shipped 8.5-megawatts in the fourth-quarter of 2008, reaching total capacity this year will not happen. Obtaining the funding for factory expansions is difficult in the current credit environment. As such, expect the company to secure the use of subcontractors to make solar cells and panels using its proprietary, thin-wafer "String Ribbon" technology.

Another obstacle to success—its German manufacturing joint venture with REC and Q-cells, called Sovello, is in financial distress, being in violation of certain of its bank loan covenants. If Sovello cannot obtain an amendment with its lenders, Evergreen would be required to provide gap funding of approximately $168 million to Sovello (in the form of a loan or an equity investment).

The company has $381.3 million in contractual obligations coming due in one to three years.

At December 31, Evergreen had an accumulated deficit of $221 million and had never delivered a quarterly profit. Albeit the company has sales contracts for approximately 80-megawatts of product to be manufactured at its Devens’ facility for delivery in 2009 at an average selling price of approximately $3.20 (assuming a U.S. dollar/Euro exchange rate of 1.25)—about 10 percent less than the average selling price of $3.55 in 2008—current manufacturing costs are approximately $3.50 per watt.

Given the existing liquidity risk and uncertainty in sales visibility and profitability, investors would be prudent to avoid this solar stock.

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Wednesday, March 04, 2009

Readying for Stock Implosion at Intrepid Potash



One does not need to see wires dangling from C-4 plastic explosive attached to any of the five potash production facilities owned by Intrepid Potash (IPI-$20.07) to sense that the common stock of the largest U.S. producer of potash is heading for an implosion. My friend—and convicted felon turned fraud fighter—Barry Minkow, co-founder of the Fraud Discovery Institute (FDI), has disclosed that a background check by FDI found that Intrepid Potash’ President and Chief Operating Officer Patrick Avery did not earn at least two of three degrees claimed in the registration prospectus filed with the Securities and Exchange Commission prior to the fertilizer maker’s IPO in April 2008.

That got the 10Q Detective to wonder what other ticking bombs might be buried in the potash mines at Intrepid Potash. Like Minkow, we have unearthed additional loose wires that lead back to Intrepid Potash, too:


1. Intrepid Potash has $335 million in deferred tax assets on its books, which represent approximately 48.4% of total assets. The company must generate enough taxable income in future years—with more than a 50 percent probability of doing so—to take advantage of this intangible asset—in accounting circles known as a pre-tax payment—or else it must write down the value of that asset.

  • On Dec. 18, management predicted fourth-quarter sales would be less than half of the $146.3 million it posted in the third-quarter ended September 30. Slow fertilizer demand, the global credit crisis, and growing potash inventories will likely adversely impact sales and profitable in the first-half of 2009, too. The company closed two plants for two weeks in February and one facility will temporarily close March 9. Upon re-opening, the plants will witness reduce shift hours for workers.

    Almost 30 percent of sales are made to oil & gas drillers in the Permian Basin and Rocky Mountain regions, who use standard potash for use in oil and gas drilling fluids. As most of the company’s domestic customers have curtailed drilling activities in 2009, the 10Q Detective anticipates year-on-year declines in industrial sales.

    While secondary to the impact of global demand and supply dynamics, U.S. potash prices have tended to increase when the U.S. dollar weakens because as the ruble and loonie appreciate there is upward pricing pressure from the Russian and Canadian producers to maintain their profit margins on U.S. sales. At March 3, 2009, the ruble and loonie have lost (year-over-year) 35 percent and 21 percent, respectively, to $0.02761 U.S. Dollar(s) and $0.7735 U.S. Dollar(s). This weakening in comparison to the U.S. dollar suggests that foreign competitors may choose to lower potash prices significantly to increase their sales volumes. Intrepid might be forced to lower the sales price of its own potash to maintain market share.

Given the aforementioned headwinds, we expect, stockholder value, which totaled $620 million, or $8.28 a share, to take a hit when the company reports potential losses in the first-half of 2009. Deferred tax asset write-downs will show up on the balance sheet as a negative valuation adjustment to shareholder net worth.

2. Another dangling red wire is Patrick A. Quinn, CPA, who started with the company since Intrepid Mining’s inception in 2000, and served as Interim Chief Financial Officer until March 24, 2008. Quinn also is the primary owner of the accounting firm Quinn & Associates (Q&A), which provides services—including auditing—to Intrepid Potash.

In 2007, Intrepid Potash paid Q&A $567,769 for services rendered on Intrepid’s behalf by Quinn and other employees of Q&A, $240,638 of which was attributable directly to services performed by Mr. Quinn. In 2007, payments from Intrepid Mining represented approximately 39 percent of Q&A’s annual revenue!

The average man is a conformist, accepting miseries and disasters with the stoicism of a cow standing in the rain. ~ British writer Colin Wilson

Intrepid Potash investors: Are you men, women, or cows standing in the rain?

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Monday, March 02, 2009

GM's Wagoner Too Optimistic

G. Richard Wagoner, Chairman and Chief Execitive of General Motors (GM-$2.01), said the auto maker’s cost cuts will make it profitable in a U.S. car market of 11.5 million to 12 million cars, about 1 million fewer vehicles than the company said it needed in December before it cut more jobs. If all goes according to plan, GM could return to profitability within 24 months, added Wagoner: "Supporting GM's viability is a sound investment for U.S. taxpayers and one that will be paid back.” – but are GM's sales expectations realistic enough to bring the struggling automaker back to profitability?

Against all odds in a sighted world, Helen Keller said: “Optimism is the faith that leads to achievement. Nothing can be done without hope and confidence.” Albeit one cannot fault Wagoner for embracing hope and confidence, me thinks he is brimming with too much optimism.

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Looking for free research, stock and investment ideas? Stop by http://www.investor-advantage.com/.

Sunday, February 15, 2009

Spring Ritual at Cardinal Health: IRS Audit

  1. President Obama’s cabinet picks are not the only ones facing tax problems these days. According to Cardinal Health’s (CAH-$38.10) recently filed second-quarter 2009 regulatory filing, the drug wholesaler and leading medical products supplier to acute care hospitals could be on the hook for more than $800 million in back taxes as the Internal Revenue Service audits questionable accounts receivable financing transactions and property transfers between foreign and domestic subsidiaries.

    The sale of trade receivables is a cost-effective financing alternative to traditional bank sources as a means of raising cash. For example, Cardinal has commitments in place that permit it to received up to $850 million in cash through its own receivables sales facility program. Unfortunately, the Internal Revenue Service announced
    a tax probe of Cardinal in 2008 related to a deal with the Dutch bank Rabobank Group, alleging that the bank helped Cardinal avoid paying taxes. Updates on the details on this and other ongoing IRS audits involving the company can be found in the company’s recent 10-Q regulatory filing:

    The Internal Revenue Service (“IRS”) currently has ongoing audits of fiscal years 2001 through 2005. During the three months ended March 31, 2008, the Company received Notices of Proposed Adjustments (“NPAs”) from the IRS related to fiscal years 2001 through 2005 challenging deductions arising from the sale of trade receivables to a special purpose accounts receivable and financing entity. The amount of additional tax, excluding penalties and interest, which may be significant, proposed by the IRS in these notices was $178.9 million. The Company disagrees with the proposed adjustments and intends to vigorously contest them. The Company anticipates that this transaction could be the subject of proposed adjustments by the IRS in tax audits of fiscal years 2006 to present. The Company, in normal course, terminated the transaction during the second quarter of fiscal 2009.

    During the six months ended December 31, 2008, the Company received an IRS Revenue Agent Report for tax years 2003 through 2005 which included the NPAs discussed above and new NPAs related to transfer pricing arrangements between foreign and domestic subsidiaries and the transfer of intellectual property among subsidiaries of an acquired entity prior to its acquisition by the Company. The amount of additional tax proposed by the IRS in these notices total $598.1 million, excluding penalties and interest which may be significant. The Company disagrees with these proposed adjustments and intends to vigorously contest them.

Although Cardinal has ample liquidity to pay the alleged taxes owed, with cash on hand of $773 million and $1.4 billion available in commercial credit, doing battle with the IRS at this time might not be prudent. The company is looking to spin-off its Clinical and Medical Products division. Before Cardinal can move forward with the planned transaction, it needs an IRS ruling on the tax status of the deal. The request was sent to the IRS in November. I can think of 800 million reasons why the IRS might be slow to respond to Cardinal’s petition.

Cardinal has refused to publicly comment on the IRS audits.

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy. Cardinal

Wednesday, February 11, 2009

Brooks Automation Pays for Founder Bob Therrien's Lawyers


Automation equipment maker Brooks Automation (BRKS-$4.28) is aggressively moving to lower its cash breakeven level during the current semiconductor industry slump. Unfortunately, the company remains on the hook for millions in litigation costs being incurred by its former Chief Executive Officer Robert Therrien—currently on trial for income tax evasion in Massachusetts!

In response to deteriorating conditions in the semiconductor capital equipment industry and lowered revenue expectations in the quarters ahead, Brooks is looking to streamline its organizational structure (by combining product groups) and reducing its global workforce (by more than 20 percent). Brooks expects annual salary and benefit savings of approximately $8 million.

Pursuant to Brook’s prior employment agreement with Therrien, however, some employees who fell on their swords in service to Brooks will see their lost salaries directed to the benefit of Therrien for costs he incurs in connection with his trial, according to the company’s
first-quarter 2009 regulatory 10-Q filing:

On July 25, 2007, a criminal indictment was filed in the United States District
Court for the District of Massachusetts charging Robert J. Therrien, the former
Chief Executive Officer and Chairman of the Company, with income tax evasion.
Trial is scheduled to commence on March 9, 2009. A separate civil complaint was
filed by the SEC on July 25, 2007 against Mr. Therrien in the United States
District Court for the District of Massachusetts charging him with violations of
federal securities laws. This matter has been stayed by the court pending the
outcome of the criminal matter. In accordance with the provisions of the
Company’s indemnification agreement with Mr. Therrien, the Company is advancing
Mr. Therrien for costs he incurs in connection with these matters, which
amounted to $1.8 million for the three months ended December 31, 2008.


Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Saturday, February 07, 2009

Mechanics No Show at Universal Tech Institute




Although total starts increased by six percent to 3,319 newly enrolled students at auto mechanic training school Universal Technical Institute (UIT-$12.18), actual show rates—defined as is the number of student starts as a percentage of those who were scheduled to start during the same timeframe—fell by 220 basis points in the first quarter ended December. After careful assessment of the drivers behind the decline, UTI management believes that weaknesses in the economy and/or concerns with the health of the automotive industry impacted students’ ability to begin school as planned.

However, an increase in lending activity has increased default rates….
Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Thursday, February 05, 2009

Asset Impairment Issues at Avnet

While the analysis is not yet complete, Avnet (AVT-$19.74) has concluded that it will record a significant non-cash goodwill and intangible asset impairment charge for the quarter ended December 27, 2008. Customer relationships might be the most vulnerable of Avnet’s intangible assets. The electronics wholesaler has relationships with over three hundred of the world’s leading electronic component and computer product manufacturers and software developers…. Read More….

Reporting by contributor Debra Fiakas, who does not hold a financial interest in any stocks mentioned in this article. The 10-Q Detective has a Full Disclosure Policy.

Wednesday, February 04, 2009

Despite Rough Seas, Carnival Cruises Ahead With 17 Newbuilds




Despite limited visibility in forward operating profitability, resulting from falling demand and softer pricing, cruise operator Carnival Corp (CCL-$18.89) remains committed to expanding berth capacity by 22.5% Read More….

Love, exciting and new
Come Aboard.
We're expecting you.
Love, life's sweetest reward.
Let it flow, it floats back to you.
~ "Love Boat" TV Theme Song

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Monday, February 02, 2009

$82 Million in Currency Losses at KLA-Tencor



In addition to the bad news that customer demand is forecasted to remain weak for the duration of 2009, as consumers in most countries slash discretionary spending for electronics and other goods that use semiconductor chips, KLA-Tencor (KLAC-$19.76) is being hit with another poke in the eye by volatile currency movements…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.


Saturday, January 31, 2009

Western Digital Delivers New Hard Drive




Against a backdrop of dwindling demand, credit difficulties for customers, and too much inventory, Western Digital (WDC-$14.68) is introducing a 2-terabyte hard drive with 3 1/2 inch platters, the largest capacity hard drive in the industry. Is this an opportune time to introduce a next generation product? Read More….
Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Friday, January 30, 2009

Icahn vs. Amlyn Pharma: Round One



Activist investor Carl Icahn is readying for a proxy battle with the management of Amylin Pharmaceuticals (AMLN-$11.03), the drugmaker best known for its diabetic treatment Byetta. The move raises questions about whether Icahn plans to push Amylin for a management shakeup or position the company for a sale. What’s Icahn’s interest in Amylin? Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Wednesday, January 28, 2009

Something Stinks at Pilgrim's Pride: Management!


On December 1, 2008, Pilgrim's Pride (PGPDQ-$0.60) voluntarily filed for financial relief under Chapter 11 of the U.S. Bankruptcy Code after losing $820 million in 2008 and failing to renegotiate its debt agreements with lenders. In conjunction with the Chapter 11 filing, the company sought—and received approval—to enter into a $450 million debtor-in-possession financing facility arranged by Bank of Montreal as lead agent (the "DIP Financing").

It is worth noting, too, that the $450 million debtor-in-possession financing facility involves financial performance guarantees. Pilgrim must meet minimum monthly levels of EBITDA. For the three-month period ended April 25, 2009, the company must show EBITDA of $57,200,000, according to the amended 10-K filing. With the same management and board in power at Pilgrim, however, it is difficult to imagine how the poultry producer will emerge from the down cycle….
Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Timing of Fuel Systems Alt-energy Solutions Entry Into U.S. Auto Market Questionable



Fuel Systems Solutions (FSYS-$26.15) recently announced it would begin manufacturing its innovative alternative fuel solutions for the U.S. automotive market during the first-quarter of 2009 at its U.S. subsidiary, IMPCO Technologies, Inc. Given the current U.S. regulatory environment, dearth of a viable refueling infrastructure, and current price of conventional gasoline prices in the U.S., are prospects still healthy for alternative fuels to displace petroleum as a consumer fuel of choice? …. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Tuesday, January 27, 2009

Egalitarianism Prevails at Whole Foods Market

In fiscal 2008, the compensation and benefits program of organic grocer Whole Foods Market (WFMI-$11.48) continued to reflect the company’s philosophy of egalitarianism. Cash compensation (salary and non-equity bonuses) for executives remains capped at a multiple of 19 times the average annual wage of hourly workers, or $652,400 and $34,334, respectively…. Read More…

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.


Friday, January 23, 2009

Trader Demand For Energy Tankers To Benefit Aegean Marine

Given a ban of a significant portion of single hull bunkering tankers, Aegean Marine Petroleum Network (ANW-$16.54) believes that the number of bunkering tankers worldwide will decline significantly. In addition to filling a portion of the market currently serviced by single hull vessels, Aegean will likely be able to leverage its earning power by capitalizing on the growing demand for marine fuel deliveries to traders storing oil in tankers at sea…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Thursday, January 22, 2009

Who Put the Pea in Sealy's Mattress?


During the fourth quarter, Sealy Corp (ZZ-$2.05) successfully amended its credit agreement to increase the maximum leverage ratio under its financial covenants. The amendment increased the maximum permitted leverage ratio of total debt to EBITDA to 5.85 times through the third quarter of 2009; then stepping down to 5.50 times through the second quarter of 2010. Nonetheless, with the company not expecting to see year-over-year sales comps improvement until the second half of 2009, the bedding manufacturer might still trip up its debt covenants…. Read More….

"…the old Queen went into the bedroom, took all the bed clothes off and laid a pea on the bedstead: then she took twenty mattresses and piled them on top of the pea, and then twenty feather beds on top of the mattresses. This was where the princess was to sleep that night. In the morning they asked her how she slept.

'Oh terribly bad!' said the princess. 'I have hardly closed my eyes the whole night! Heaven knows what was in the bed. I seemed to be lying upon some hard thing, and my whole body is black and blue this morning. It is terrible!'

They saw at once that she must be a real princess when she had felt the pea through twenty mattresses and twenty feather beds. Nobody but a real princess could have such a delicate skin." ~ "The Princess and the Pea," by Hans Christian Andersen

Tuesday, January 20, 2009

Human Genome Science 2009 Product Updates


Human Genome Sciences (HGSI-$2.04) had a working capital shortfall of $57.0 million at September 30, 2008, but the company expects 2009 net cash burn of less than $25 million, compared with approximately $245 million in 2008. Although revenue for the next two years will likely be limited to ABthrax sales, the company could receive milestone payments and/or R&D reimbursement(s) under terms of collaborative and licensing agreements currently in place with Novartis and GlaxoSmithKline (GSK) for Albuferon and Lympho-stat-B, respectively, as both products are rapidly progressing toward commercialization…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Sunday, January 18, 2009

Marathon Oil Expanding Presence in U.S. Shale Plays


Ignoring the current depressed price of natural gas, Marathon Oil (MRO-$28.46) is focused on increasing its exposure to unconventional natural gas assets. Whereas smaller players are retreating from unconventional resources in the U.S., the company has added to its holdings in emerging plays in the Haynesville Shale (LA), Marcellus (PA, WV), and Woodford Shale (OK)…. Read More…

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Saturday, January 17, 2009

Pep Boy's Balance Sheet Lacking Pep

Pep Boys (PBY-$3.42) may be a great place to go to get great prices on tires, oil changes, and automotive maintenance—but the auto parts retailer’s dependence on sale-leaseback transactions of owned properties to access funds vital for capital expenditures, inventory purchases, and store renovations should give investors pause for concern…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Thursday, January 15, 2009

Micron In Need of Bailout, too!



Is Micron Technology (MU-$2.90) in merger talks with its DRAM manufacturing partners Nanya Technology and Inotera Memories? The ongoing glut in memory chips combined with weakening demand is depressing DRAM prices and straining Micron's balance sheet, as reported in the company’s first-quarter 2009 regulatory filing…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Wednesday, January 14, 2009

Scholastic Babies CEO Robinson



During the six months ended November 30, 2008, book publisher Scholastic Corp (SCHL-$12.00) repurchased approximately 800,000 shares on the open market for $20.1 million (at an average cost of $24.83 per share). Of interest, 100,000 of these shares were bought directly from its Chairman and Chief Executive Officer, Richard Robinson, in a private transaction…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Charter Rates To Fall at Frontline Ltd



Crude oil transporter Frontline Ltd (FRO-$29.91) said oil traders have chartered 25 vessels and may take as many as 10 more in order to store crude for future sales at sea, according to Bloomberg Press. The news suggests that average world oil production is still exceeding demand, which will likely weaken spot charter rates over the next twelve months…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Tuesday, January 13, 2009

Undeclared Writedowns at Jabil Circuit?


Jabil Circuit Inc. (JBL-$6.56) recorded a $318 million impairment charge in its fiscal first quarter 2009 ended November 30. The electronics-components maker wrote-down goodwill in its consumer division—focused on products such as cell phones, telephones, PC peripherals, and set-top boxes—due to the deteriorating economy, tight credit markets and a drop in its stock price. Surprisingly, although its electronics manufacturing services (EMS) segment is more sensitive to the slowing economy, the company concluded that the fair value of the division continued to exceed its carrying value and no impairment was assessed…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Monday, January 12, 2009

Unhealthy 2009 Outlook at Healthways


Ben Leedle, Chief Executive Officer of Healthways (HWAY-$12.76), acknowledged on the first-quarter 2009 earnings call that the health-management program administrator lost $70 million in revenue due to terminated contracts, renegotiations at less favorable terms, and delayed purchasing decisions by certain customers. Healthways, which runs wellness and disease-prevention programs targeting fitness, weight management, alternative medicine and smoking cessation, failed to mention on the call, however, that it could also be forced to reverse millions in already-booked performance-contract fees, according to the 10-Q regulatory filing… Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Saturday, January 10, 2009

Minkow Shows Wherein Homebuilder Lennar Wronged


In an interview on CNBC today, Stuart Miller, Chief Executive Officer of Lennar Corp (LEN-$9.15) responded to allegations the homebuilder used money from joint ventures to build up its balance sheet, saying it was "just not true." Barry Minkow, of the Fraud Discovery Institute, posted information on his website earlier in the day claiming—among other allegations—that Lennar "continues to provide vague and less than transparent responses to SEC inquiries about off-balance sheet, joint venture debt," and improved its cash reserves to $1.1 billion [year-end 2008] through less-than ethical means. Irrespective of the veracity of either Minkow’s assertions or Miller’s response, there are some disconcerting transparency issues—or lack thereof—in the company’s recent 10-Q filing… Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Friday, January 09, 2009

Linn Energy Gushes Red Ink


At current production levels (average production of 227.4 MMcfe/day), Linn Energy (LINE-$15.75) has derivative contracts in place covering a 100% of forecasted production volumes through 2011. For 2009, the Company’s natural gas production is hedged at a weighted average price of $8.32 per Mcf and oil and NGL production at $102.21 per barrel. For 2010, the Company’s natural gas production is hedged at a weighted average price of $8.05 per Mcf and oil and NGL production at $99.68 per barrel.

Despite a sound business strategy, there is a risk involved with Linn Energy. The Company is structured as a limited partnership, paying out quarterly distributions to unit holders. For the nine-months ended September 30, share-net from continuing operations was a loss of 55 cents….
Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Thursday, January 08, 2009

Slumping Shipments at Winnebago Industries

Going forward, given the tightening of credit standards by lenders, Bob Olson, Chairman and Chief Executive of Winnebago Industries (WGO-$7.25), said that the nation's top-selling motor home manufacture expects that repurchase activity will remain high—persisting for some time, possibly into early 2010. In addition, as motor home shipments for November plummeted 77 percent year-over-year to a multi-year low of 700 units, the company acknowledged that it may also be necessary to offer greater discounts in order to relocate returned vehicles to …. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

IMAX Chief Eexcutive's Pay Experience



In January 2010, Richard Gelfond, Chief Executive Officer of IMAX Corp (IMAX-$4.53), will receive a 20 percent raise, increasing his cash compensation to $600,000 per year, according to his new service agreement. Profit performance at the entertainment provider of the large-format movie screens (up to eight stories high and 120 feet wide) has been erratic, and consensus estimates reflect continued net losses through the end of 2009. Is Gelfond’s new compensation arrangement too extravagant? Read More….

Reporting by contributor Debra Fiakas, who does not hold a financial interest in any stocks mentioned in this article. The 10-Q Detective has a Full Disclosure Policy.

Wednesday, January 07, 2009

Sinking Feeling at Hercules Offshore: Shelving Rigs

As market conditions continue to soften in the Gulf of Mexico, Hercules Offshore (HERO-$5.75), the world’s largest operator of jackup rigs in the shallow waters (water depth of 350-400 feet) of the region, is taking measures to reduce labor costs and limit its downside exposure. The company is stacking five inland barges and several rigs in the U.S. Gulf of Mexico, according to its December fleet status report. In addition, the company is aggressively pursuing international contracts… Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Tuesday, January 06, 2009

Demise of Washington Post Premature

The Washington Post (WPO-$421.98) is positioned to survive the shakeout rocking the print media landscape, for it has presciently diversified into education products and related services with its 1984 acquisition of Kaplan, a provider of college test preparation courses and post-secondary education programs. Education now accounts for more than 53 percent of total sales… Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Monday, January 05, 2009

Does Starwood Hotels & Resorts Need Sam Zell?



Sam Zell’s emergence as an investor of interest in Starwood Hotels & Resorts (HOT-$20.80) should not be taken as a portent that the commercial real estate market is poised for a turnaround. In addition to buying his Starwood stake before the recent bottom in the price of the stock, Zell had a less than stellar run as owner of the now bankrupt Tribune Company. Albeit to his credit, he only had to invest $315 million of his own equity in the $8 billion failure.

Although Zell is not infallible, he recognizes value. Starwood operates well-known brands such as Sheraton, Westin, Le Méridien, and St. Regis in some of the biggest cities, including Mexico City, New York, Paris, Shanghai, and Tokyo…
Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Saturday, January 03, 2009

ConocoPhillips' Stake in LUKOIL Losing Billions



The 2006 acquisition of a 20 percent stake in LUKOIL by ConocoPhillips (COP-$54.85), initially applauded by energy analysts because it increased production growth prospects by opening access to the Russian market, could prove to be an expensive investment, and will likely lead to an asset write-down if oil prices and demand continue to weaken… Read More….

The aggregate market value of ConocoPhillips’ ownership stake in LUKOIL declined to $5.63 billion at year-end, or $$7.24 billion below the stated $12.86 billion book value. If the loss in the carrying value of the investment proves to be "other than temporary," the company would record a non-cash impairment of the holding.

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Friday, January 02, 2009

Did Philip Morris Seek to Influence World Health Org?

A new study of previously confidential tobacco industry documents concluded that a Philip Morris (PM-$44.12) scientist, Roger Walk, established close connections with a WHO Collaborating Center in Thailand, called the Chulabhorn Research Institute, and leveraged these relationships to help advance the interests of the cigarette maker in the country and across Asia. Although the purveyor of Marlboro, Parliament, and Virginia Slims showed cigarette volume growth of 15.5 billion units, or 2.4 percent, to 667.0 billion units for the nine-months ended September 30, the company is concerned that governmental and NGO actions will result in reduced industry volume and consumption in many of its markets… Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Wednesday, December 31, 2008

Liberty City Rules At Take-Two Interactive


The Grand Theft Auto franchise accounted for 60 percent, or $710 million, of total publishing sales in the year-ended October 2008 at Take-Two Interactive Software (TTWO-$7.10).

The cost to develop a frontline software product can range from $10 million to $30 million. Ergo, it is cheaper—and safer—to roll out sequels. One could question management’s commitment to bringing to market creative, new titles: in 2008, Take-Two spent 28.7% of revenue, or $353.2 million, on software development, an increase of only $32.9 million from the prior year. Albeit management claims to have 36 titles in various stages of development, most of them are retreads of ...
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Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Friday, December 19, 2008

Garmin's Nuvifone -- Dead on Arrival?



Ten months after Garmin Ltd (GRMN-$18.80) announced plans to enter the GPS (Global Positioning System) — enabled smart phone market, the provider of satellite navigation and communication devices said its Nuvifone has received approval from the Federal Communications Commission. Good news for investors, as more than 70 percent of the company’s current growth comes from sales of personal navigation devices (PNDs) in its auto/ personal mobile series of products — where price is more important than brand to most customers…. Read More….

Perchance, he for whom this bell tolls may be so ill, as that he knows not it tolls for him; and perchance I may think myself so much better than I am, as that they who are about me, and see my state, may have caused it to toll for me, and I know not that. ~ English Poet John Donne (1572 – 1631), Meditation XVII

Thursday, December 18, 2008

Addicted to Profits at Green Mountain Coffee Roasters



Despite formidable competitors in the single-cup brew industry, including the FLAVIA beverage system (MARS), the TASSIMO beverage system (KRAFT), and the SENSOE brewing system (Sara Lee), among others, Green Mountain Coffee Roasters (GMCR-$38.42) is showing impressive growth in the installed base of brewing systems. At October 1, Keurig increased its unit market share for coffee makers in the single-serve cup category to 60 percent, up from a 33 percent market share in the prior year—which bodes well for its annuity-like income stream (from future sales of K-Cup portion packs and accessories)…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Tuesday, December 16, 2008

Debt Level a Tall Order for Staples

Given slower store traffic and an uncertain global economic environment, did Staples (SPLS-$18.35) pick the wrong time to spend approximately $4.4 billion in connection with the June 30 acquisition of Dutch peer Corporate Express? Borrowings and debt service requirements have increased substantially at the world’s largest office products retailer.

The current level of indebtedness (75 percent of shareholder equity), combined with maturing debt obligations and vulnerability to a prolonged downturn in consumer and business spending, will limit Staples’ ability to borrow additional amounts (for working capital, future acquisitions, and capital spending initiatives) needed to resuscitate growth….
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Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

America’s Car-Mart Caters to Riskier Borrowers



Whereas competitors, such as AutoNation and CarMax, currently face difficulty in moving trucks and sport utility vehicles off their lots, due to changing consumer buying patterns and/or restricted access in obtaining auto financing, America’s Car-Mart (CRMT-$12.08) is finding success in selling basic and affordable transportation. Against a backdrop of rising unemployment, Car-Mart’s decision to not focus on luxury or sports cars is paying dividends. The average car sold in 2008 cost $8,690, and was between three and ten years of age with 80,000 to 130,000 miles on the odometer.

Lending money to sub-prime borrowers, however, is not without challenges. For the three months ended October 31, provision for credit losses was 22 percent of net sales….
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Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Friday, December 12, 2008

Upscale Shoppers Pinching Pennies at Nordstrom



Are upscale shoppers less susceptible to economic downturns? Luxury retailer Nordstrom (JWN-$12.63) is now acutely aware that even the wealthy are holding back on purchasing new holiday fashions, and with housing values still in freefall (particularly in California, where one-third of its stores are located), credit delinquency rates are rising, according to…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Can Chesapeake Break Spending Habit?



Aubrey McClendon, Chief Executive Officer of Chesapeake Energy (CHK-$16.30), told investors on a conference call on Monday that the the natural gas company’s revised operating and capital budget for 2009 and 2010 could be funded with internally generated cash flow. It is important to note, however, that cash flow from operations and revolving bank credit lines have historically been insufficient to fund all of Chesapeake’s annual expenditures…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Wednesday, December 10, 2008

SubPrime Mess Still Haunts H&R Block


Despite shedding its money-losing mortgage operations to focus on its tax business, H&R Block (HRB-$19.95) is still haunted by collapsing real-estate prices. As of the second-quarter ended October 30, the largest provider of U.S. tax preparation services held approximately $812 million in residential loans purchased from former mortgage loan affiliates, Option One and H&R Block Mortgage, net $63.7 million in allowance for loan losses, according to its…. Read More….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Tuesday, December 09, 2008

Target Undercut By Consumer Credit Charges



Amid declining comparable store sales resulting from a decrease in consumer spending, discount retailer Target (TGT-$39.00) is also being adversely affected by rising bad debt expenses as consumer creditworthiness continues to deteriorate. In response, Chief Financial Officer Doug Scovanner told investors on the November earnings call that the retailer is further tightening finance terms for its card holders…. read more….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Acergy SA -- Betting on an Energy Turnaround



Acergy (ACGY-$5.72), a Norwegian-based seabed-to-surface engineering and construction contractor for the offshore oil and gas industry, expects to end the 2008 fiscal year with a backlog of approximately $2.6 billion, down from $3.3 billion at the end of the third-quarter, resulting from delays in signings of new projects in Nigeria and other offshore global locations due to falling energy prices. Albeit the company has a strong balance sheet, the uncertainty and timing of new project deals will require Acergy to cut back on cash outflows in 2009….. read more….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Sunday, December 07, 2008

Fleetwood's Cash Concerns Overshadow Hyped Hybrid RV



Fleetwood Enterprises Inc. (FLE-$0.25) unveiled its first-ever hybrid motor home at the annual National RV Trade Show in Louisville, Ky., last week. The Fleetwood Hybrid features increased fuel economy, getting up to 12 miles to the gallon, about 42 percent more than its conventional recreational vehicles. Despite its "green appeal," Fleetwood said it had no plans at this time to manufacture the concept hybrid—likely due to weakening demand for motor homes and cash flow problems endemic to Fleetwood…. continue reading….

…. Decision to delay the introduction of its hybrid vehicle probably was influenced by continued discounting by dealers (to move inventory of their lots) and turmoil in the credit markets. Heather Everett, a Fleetwood spokeswoman,
told the Press-Enterprise a hybrid RV would likely cost $40,000 to $45,000 more than a conventional RV. A few gallons of diesel saved per mile does little to offset the higher cost—coupled with lenders tightening credit terms, including higher down payments….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Saturday, December 06, 2008

NVIDIA Not Intimidated By Intel



Intel is looking to wrestle share away from graphics chipset maker Nvidia (NVDA-$7.36) by putting integrated-graphics silicon into its cental processing units. Nvidia, which dominates the market for high-end graphics popular among gamers, is fighting back against its cross-town rival by moving aggressively to capture share for entertainment applications in smaller, mobile Internet devices. Luckily for Nvidia, it is able to subsidize R&D of its new class of mobile chip, called Tegra, with the millions it saves on its tax bill…. continue reading….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Thursday, December 04, 2008

Beazer Homes' Stock Price Soars on Weak Outlook



Even though the quarterly loss more than tripled at Beazer Homes (BZH-$2.06) and its management expects losses to continue through 2009, the share price of the homebuilder has jumped more than 65 percent in the last two trading days—Why? "All dogs have their day; even rabid dogs," said Scottish historian Thomas Carlisle. This dog is full of fleas. Avoid— for the company could find itself with little borrowing capacity needed to stay afloat until industry conditions improve…. continue reading….

How Certain Are 2009 Tax Profits at Jackson Hewitt?



Despite popular thinking on the certainty of taxes, recent filings with the SEC suggest even Jackson Hewitt Tax Service (JTX-$13.53) – and its business partners — is taking a cautious approach to the coming year. The No. 2 U.S. tax return preparer, which competes with H&R Block, has reworked agreements with its bank and credit card affiliates, consolidated its senior management team and struck an agreement for a “winning” marketing program…. continue reading….

Reporting by contributor
Debra Fiakas, who does not hold a financial interest in any stocks mentioned in this article. The 10-Q Detective has a Full Disclosure Policy.

Wednesday, December 03, 2008

Rebates! Rebates! Driving Pill - Popping at NBTY





Vitamin retailer NBTY (NYT-$13.83) maker of familiar brands Nature’s Bounty, Solgar, Osteo Bi-Flex and Rexall, is becoming more dependent on one customer and promotional programs and customer rebates to drive sales, which raises other concerns about consumer traffic trends and margin deterioration… continue reading….

"Americans have the most expensive pee in the world. If I could collect the pee and filter it, I'd be the richest man in the world." ~ Dr. Alfred Brown, Auburn University

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.

Tuesday, December 02, 2008

No Busy Signals at American Tower




American Tower (AMT-$25.43) is a leading owner and operator of communications sites for the wireless and broadcast industries, with more than 23,000 sites in the United States, Mexico, Brazil and India. Against the current credit backdrop, the company’s financial position remains solid relative to its publicly traded peers, Crown Castle Int’l and SBA Communications. In addition, the comparable, weighted average term of debt for American Towers, Crown Castle, and SBA was 5.2 years, 2.6 years, and 3.1 years, respectively, at September 30.

American Tower has approximately $600 million of liquidity and no material maturities until 2012. In the unlikely event that credit markets were to remain dislocated over the time period until these maturities occur in 2012, management believes that its operations would generate sufficient internal cash from operations to pay off
…. continue reading….

Editor David J Phillips does not hold a financial interest in any stocks mentioned in this article. The 10Q Detective has a Full Disclosure Policy.