I’m sitting in the lobby of a Comfort Inn in beautiful Burlington, Vermont working on a Constitutional Law paper — well, I was until I read I received an email update that per an SEC filing:
“On September 18, 2009, the Company received a formal order of investigation issued by the SEC regarding possible securities laws violations by the Company and/or other persons. At this time, it is not possible to predict the outcome of the investigation nor is it possible to assess its impact on the Company. The Company and its officers and directors have received subpoenas requesting the delivery of certain documents. The Company has been cooperating fully, and intends to continue to cooperate fully, with the SEC with respect to its investigation.”
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What an announcement! The iHub and yahoo finance boards lit up like fireworks seconds after the filing was posted.
So what does it mean?
I’m not going to pretend to have the answers, SPNGE has been in increasingly hot water lately, but I cannot shake the feeling that something here is wrong. Something is different than every other penny scam out there. When I look back on the past six months of this company, I’ve seen a company continually strengthening in its ability to penetrate key markets and sell product. I’ve also seen it spend millions in advertising that has been exceptionally effective.
Now I’m going to say something that you don’t want to hear: the fundamentals haven’t changed.
What I am not referring to is the company’s financials. Those are in the process of being restated (and possibly subpoenaed by the SEC). What I mean is, the fundamental story, the fundamental narrative at SPNGE is still the same: either management is lying and longs are toast, or is a group(s) of people that want to see Spongetech fail. Either longs will lose their money, or they will reap massive benefits. This is what I’ve been saying all along for those that have followed me on iHub. Posted July 16th on iHub:
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For those on the sidelines
This stock is all about the basics. With this company’s history and circumstance, it is easy to become incredibly enthusiastic about the stock, or incredibly cynical. When the PPS goes down,bears blame dilution while bulls blame manipulation, neither claims having solid proof.
If you are trying to decide whether this is stock is for you, you have to move past the white noise and analyze the fundamental difference between the bulls and the bears.
We’ve all seen the PR’s and the SEC filings. The fundamental complaint that the bears have with Spongetech is not in regards to its press releases or SEC filings. The bears criticism of SPNG go straight to the fundamental consideration of any company – the management. In this case, however, because SPNG is on the OTCBB, the bulletin board’s reputation of pps corruption and manipulation taints SPNG.
So the fundamental question is, can the management be trusted? Bulls say “yes.” Bears say “no.”
If they can be trusted, then management is not diluting. And do they need to? As the 8k states, management purchased Dicon in cash, without dilution. The company is now profitable, and able to pay out of pocket, and not at the expense of shareholders. If this is the case, and management is in it for the long haul, all of the press releases are legitimate, the SEC filings are in order, and the stock is severely undervalued (when compared to earnings).
If the management cannot be trusted, then the first question, just like in criminal investigation, should be to the motive. In other words, “what incentive does the management have to lie to investors?”
By lying to investors, the management runs a severe risk of being prosecuted for securities fraud. If Spongetech is not what management claims it is, if it is indeed a shell to profit from a few investors like in other OTCBB scams, then the list of criminal charges will be long. Accusations on these boards range from management criminally diluting by issuing restricted shares from RME, to issuing false press reports (such as with the 7500 new stores selling Spongetech). If even half of the wild allegations heard here are true, every individual in management will lose not only their money, but their freedom as well.
So we see that by continuing to lie to investors as many bears and bashers suggest, management only digs themselves a deeper hole. And for what? Some say the estimated payoff (assuming they got away with it) would be around $80 million to split between them.
The alternative to the gruesome scenario above is, of course, that management is telling the truth, that Spongetech is growing rapidly, and that the long run is managements intention (i.e. the jump to Nasdaq). And how much more incentive management has to take this route! Even if we assume that they are evil people just out for their own profit, there is still even more incentive to play things by the rules, because if Spongetech becomes the giant that it can be, they profit even more without the risk.
Management intention – My answer
Even if management is out only for their own profit and no one else’s, it still serves them better to play by the rules. Only a group of incredibly stupid and naive managers would scam at this point in the game. Call them evil, call them selfish, but you can’t call them stupid.
So, if we assume that management are rational actors working for their own welfare, the scenario that we should conclude is reality is one where management is running an honest business. In which case, shareholders need only wait for the light of reality to banish the fog of accusation and doubt.
Disclaimer
I’m 20 years old and own 16,000 shares of SPNG (all I could afford), of which currently I’m in the red about 20%. Because of the above, I’m not worried, and it is why I don’t feel the need to sell. You may wonder why such a tiny shareholder would take so much time to write long posts like these: it’s because Spongetech does have things about it that should make any investor uncertain. However, when we view it through the lense that management would have to view this for it to be a fraud (i.e. self-interest), the scam theory falls, because self-interest (the weighing of risk vs. reward) would lead management
to play the game fairly.
If you have any questions, or just want to chat, pm me.
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The fundamental question remains: is management slimy, or does someone out there want this stock to fail? Right now, I do not know where I stand. This morning I significantly reduced my exposure to SPNGE to help protect my small portfolio. However, I do know that I’ve seen:
- Horrendous reporting in the name of “the public good” against SPNG. Not only has it been for the most part baseless, it has also used people with current or past short positions as references, and consistently barraged the smallcap headlines with anti-spng stories that are largely unsubstantiated. This is something I feel passionate about, and I’ll debate it all day. Agree with the articles or not, it was shameful reporting.
- Fake websites set up and then attributed to SPNGE management. Really? They couldn’t pay a thousand dollars and have a professional site set up and with working links? Please.
- A massive inflow of new anti-spnge accounts on iHub and yahoo finance that has materialized seemingly out of nowhere, which is what I predicted just a few weeks ago.
None of the above ‘proves’ management innocent. Obviously, they have not played the last few weeks very well regardless of their intent. Still, it goes without saying that there has been a concerted effort to bring down the share price, and shouldn’t we expect it when there is so much at stake here with a massive short position?
If you bet against SPNGE with a massive amount of wealth and started to see it fail and get threatened, what would you do? Would you lay down and take it, or can you understand why someone desperate might 1) create fake websites 2) use the media 3) employ a massive amount of ‘good samaritans’ to bash the stock?
This has obviously digressed into rambling, so I’m going to stop. I have a debate tournament tomorrow, a Constitutional Law paper to finish, and a major headache. Again, none of the above proves anything, it is just my take that not all is as it seems. Maybe it is. In any case, we will find out soon. I would suggest reducing to avoid further losses (that seem imminent), while waiting on the sidelines to see what comes of the investigation, the 10k, etc. etc.
Good luck to everyone, and as always feel free to comment. Again, I own < 10k in spng, so a very small position. I don’t care whether you believe me or not, I have no interest in pumping this stock up, or seeing it fall.