Stock版 - HRBN: Loan Fraud and the Docs to Prove It |
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发帖数: 962 | 1 这种会被摘牌吗？
http://seekingalpha.com/article/275262-harbin-electric-loan-fra
The Harbin Chairman/CEO Has A History Of Fraudulent Loan Guarantee Documents.
We have obtained a settlement agreement reached between Harbin CEO Tianfu
Yang and China Construction Import Export Corp. In 2004, Mr. Yang, along
with his brother, fellow Harbin board member Tianli Yang, fraudulently
obtained the official seal of China Construction Import Export Corp. (CCIE)
to guarantee a loan for Tinafu Yang’s company.
In the settlement agreement with CCIE, Tianfu Yang admitted guilt in order
to get CCIE to agree to drop criminal proceedings in the matter.
(We have gone to great length to verify the authenticity of these documents,
and will publish any challenge or correction that can reliably demonstrate
that they are not authentic.) Here they are for your viewing pleasure:
Harbin Chairman Civil Settlement (.pdf)
Harbin Chairman Civil Settlement (translated)
Signature of Tianfu Yang on SAIC doc that matches signature of settlement
agreement (.pdf)
This link shows the signer from China Construction is the official legal
representative of CCIE:
We recall vividly how vociferously Longtop officials decried as “unfair”
and “irrelevant” when we published references to a lawsuit, documenting
prior misconduct of the Chairman of Longtop. Similarly, this document goes
directly to management’s credibility and trustworthiness. And since Harbin
’s buyout valuation rests solely on the credibility of the Chairman and his
offer, this should be the end of the road for the Harbin charade.
We wonder how this disturbing legal baggage will reflect on Chairman Yang
creditworthiness to his bank or any other bank evaluating this deal.
We ask: Why all this effort to keep people’s attention off the underlying
business?
We believe that, absent this sham buyout offer, shareholders are holding a
company that is a potential 0….yes a 0, as in donut. We believe the company
has undisclosed liabilities, as we have seen with companies such as Longtop
Financial. Also, even with its limited disclosures, Harbin as a company is
far too dependent on lending to support a business with heavy capex burdens,
slimming margins, and decreasing revenue.
So now we are supposed to believe that a company, run by a gentleman with a
disturbing history of loan misrepresentation, is actually obtaining a
signature loan for $400 million, to buy out the publicly held shares at a 40
% premium? And this transaction is going ahead in a market environment so
rife with skepticism about Chinese stocks and skittish about economic
concerns that no Chinese company has sold a bond in the high yield market
since May 26?
And this transaction is predicated on the numbers filed by the most
notorious discredited auditor in the China space?
And who is the purported lender bank? China Development Bank – a bank who
has become too familiar with China stock fraud. They are the lender for the
recently decimated Sino-Forest.
Ask yourself if a little professional skepticism isn't warranted here.
The Curious Case Of Harbin’s 2010 Bank Loan
We believe that in reality Harbin is a money pit with hidden liabilities
that are consuming its cash.
Only a month after the original “takeover announcement”, over six months
ago, Harbin’s Chairman executed a $50 million dollar bank loan for the
company, collateralized by his personal stock holdings, worth more than
double the loan amount at the time.
We ask one simple question: Why? If you really have $55 million in the bank,
earning less than 1% interest, would you borrow $50 million at 8% interest
if you don’t desperately need the money?
Clearly it's an expensive transaction – the company is paying $1.9 million
interest quarterly to service the loan (at 8%), while earning less than $200
,000 interest on its free cash balances. And according to more recent
filings, they've never used the money. It supposedly just sits in their bank
account. (Sorry to be so damn obvious.)
Regardless of what the reason is, it bodes poorly for a company that expects
to get financing to go private for a 70% premium to market.
Not Only Do We Not Believe Harbin…But Neither Does Wall Street
It is not only us that don’t believe the takeover, but obviously Wall
Street doesn’t either.
Here is a typical Wall Street risk/arb spreadsheet, showing the difference
between the current market price and the proposed takeover price for dozens
of deals in process.
Note that these stocks all trade within a few percent of the proposed
takeover price. Yet, Harbin has never traded higher than the range of 50% to
70% of its takeover price.
It seems that that the only people who believe this deal could go through
are Abax and the very vocal Peter Siris. If you are holding this stock
relying on the “easy profit”, look carefully at the track of the group
with whom you are riding shotgun.
Meet The Real Abax Capital Management
The purported equity partner for this deal is Abax Capital Management. This
crew has no hesitation to name-drop impressive sounding folks such as “
Morgan Stanley”. Yet, we have been unable to find even one successful deal
they have participated in as a principal. The few deals that have made it
into the public domain could best be described as “pathetic”. The founding
partners have split up, and we strongly doubt that under current market
conditions Abax has any financial muscle to swing this deal.
Ferro China, valued at $240 million when Abax was involved, is now worthless
, and in bankruptcy.
United Fiber Systems, China Water Industry, China Natural Gas (CHNG),
SinoEnergy, China Mobile Media Tech — they’re all failed. CSR trades trade
at a huge discount to its purported take-private price. We have yet to find
one successful deal come out of Abax.
These two stories make clear what we’ve summarized above: here and here.
Introducing Peter Siris And Guerrilla Capital Management
I have discussed tirelessly the vocal Peter Siris. A review of his fund’s
filings just makes me wish I had invested money with him…to short
everything he buys. Here is a third party article on Mr. Siris and his
recent stock market troubles.
Lots Of Luck Suing Later
To illustrate a final point we’ve made previously about the China space,
there’s a tremendous vulnerability for US investors who assume “a stock is
a stock is a stock” if it trades on the Nasdaq or the NYSE.
Investors are going to face “mission impossible” when trying to avail
themselves of the customary legal protections they assume are available to
shareholders, for companies domiciled in China. Here’s a news story about
one of the early civil shareholder suits, which can’t even get papers
served on defendants domiciled in China. Buyer beware.
Conclusion
For those of you who do not read us, yesterday another China coverage stock
was halted: China-Biotics (NASDAQ:CHBT). How long until Harbin faces the
same fate?
We have hundreds of pages of SAIC documents – the in-country filings of
Harbin’s subsidiaries over the years. These documents do not even remotely
resemble the company that Harbin portrays to US investors in its SEC filings.
But needless to say, we think no bank in China or anywhere else would dream
of relying on Harbin’s SEC filings, generated by a disgraced auditor, as a
basis providing hundreds of millions of dollars in high-risk financing to
fund a huge premium to pay off US investors.
We see no reason to drown readers in paperwork to prove a fraud that is too
obvious. If need be, we will continue to publish information on a timely
basis that we find is relevant to investors.
Cautious investing to all.
Disclosure: Short HRBN. | a****p
发帖数: 6155 | 2 Probably FSIN has the same problem. | B*S
发帖数: 1328 | |
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