Forum Topics NOU NOU Lesson Learned

Pinned straw:

Added 5 months ago

I have just seen the following come up in the Australian.

$NOU (formerly Freedom Foods, $FNP) is one of my all time big fails in investing, losing 90%+ of my capital in a large position.

While it can be hard to detect fraudulent management behaviour - and I don't blame myself for that - I made three big mistakes:

  • Allowed position size to get too large, versus the risk. Risks were in plain sight (low margins) albeit obscured by fraudulent behaviour. At peak bravado, $FNP got to about 15% of my ASX portfolio.
  • Allowed broker views (including Goldman Sachs) to give me more confidence in my spreadsheet jockeying that was justified.
  • Increased my holding as bad news started to emerge, thinking I was being clever as a "long term investor".


It is important to learn lessons from your mistakes, and I think $FNP delivered a lot of educational value to me

Disc: Not held :-)

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Noumi's $5m penalty for ex-CEO, ex-CFO fails

Valerina Changarathil

Noumi will pay a $5m civil penalty and $50,000 towards financial regulator ASIC's costs in relation to court proceedings alleging disclosure failures and breaches by its former chief executive Rory Macleod and former CFO Campbell Nicholas.

ASIC sued the executives of Noumi (formerly Freedom Foods) in February 2023 alleging continuous disclosure failures, breaches of company director and officer duties, and false or misleading conduct.

The matter relates to the failure to disclose material information about the value of inventories in its financial reports for the full year ending June 30, 2019 and the half-year ending December 31, 2019. It is also alleged to have failed to disclose material information about its sales revenue, gross profit and profit after tax in its financial report for the half year ending 31 December 2019.

In its statement on Friday, Noumi admitted breaches on a qualified basis based on information that was known or should have been known by its former CEO and former CFO. "The company has cooperated with ASIC during the process," it told investors. The penalty is subject to consideration by the Federal Court on July 18.

Solvetheriddle
Added 5 months ago

@mikebrisy I had an interesting experience with these guys when i was on the buy side. the numbers looked interesting and i saw (well-regarded FM) Ophir was a big supporter, so i made the effort to get in touch. nothing. i tried some more -nothing. offered to travel to HQ in the shire (as i recall). nothing. now maybe they are too busy making money but most companies will at least acknowledge you. but i didn't give up i attended, with my analyst, the AGM at Barangaroo. there the Chairman (a farmer and a big owner) prattled on forever, and almost ran the event, unusual, but i let it ride. there are, of course, unusual characters that succeed in business, Chris Ellison is one. i listened to the Q&A but was very unimpressed with responses, it also dawned on me, judging by the audience, that they were not going out of their way to talk to the market as many FMs were there, these guys wouldn't usually bother with AGM's. again unusual. i still wasn't finished, i buttoned holed the CFO. the CFO (who would later get into trouble, as i recall), obviously didn't want to talk to me. unusual, usually the CFO will market the story. I mentioned IR and he shuffled me onto his exec assistant! i said to my analyst thats it, we're done here. so i missed MIN but missed this one as well. I got too many bad vibes.

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mikebrisy
Added 5 months ago

@Solvetheriddle - well, your hunch was well-founded, as is now clear to all.

Part of the support for the thesis was the strong insider investment from Tony and Ron Perich. I only ever attended investor calls and AGMs by phone and I never picked anything up in what was said by Rory (CEO) and Campbell (CFO) or in nuances and consistencies between reporting events - which is something I purposefully look out for. That's why I prefer video calls, where you get to see the "whites of the eyes" and the body language. But I guess there is no substitute for being there in person. Its just not practical for me.

So, then the s*** hit the fan I was totally shocked. I didn't see it coming.

Going back over my notes at the time, I realise this was a time when I was riding high on fours years of "incredible success" in my ASX investing journey. Remember, early 2020 was still zero interest rates, and we were all making phenomenal returns on questionable businesses. So, another lesson was that I was full of hubris. $FNP helped inject some humility back into my investment deicsion-making.

@Wini also said something that really resonated with me at the SM Meeting. Words to the effect that a 0% risk free rate is unhealthy, because you see value everywhere, and that its actually better to have 3-4% risk free rates. I hink this is very true.

Anyway - while the losses hurt, it is good to learn.

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Solvetheriddle
Added 5 months ago

@mikebrisy fair enough, every now and then, when dealing with visiting a company or dealing with them on a non formal issues reveals something not in the numbers. Rare but insightful

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Strawman
Added 5 months ago

I saw Buffett's solution to the Federal deficit doing the rounds again (see here).

I can't help but think we could avoid a lot of corporate malfeasance if there were more severe and personal consequences for bad actors. These penalties are a joke.

Another case in point, ANZ has (allegedly) been a bit naughty.. yet again. But why not? If anything all they'll get is a slap on the wrist.

If board members faced personal fines and jail time for the illegal activity of their companies, you could bet they'd be more alert to nefarious activities!

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mikebrisy
Added 5 months ago

Yes, I agree @Strawman. I don't feel justice has been done, and the signal is not a strong deterrent.

The fraudulent reporting directly misled me on two counts. First, some products appeared to have a positive gross margins, whereas in reality - due to misallocation of costs, they cost more to make than was recovered in the prices given by Woollies and Coles. Second, significant inventory - subsequently written off - was hidden as "startup costs" (i.e. booked within capex) of the big shiny new plant (a core part of enabling the growth thesis).

Had statutory reporting been made with integrity, I arguably would not have been so bullish, as the economics of the business would have been plain to see.

I imagine that the CEO and CFO decided that as volumes scaled, the unit fixed cost contribution of manufacturing costs would fall, and true positive margins would be achieved. I speculate that it was a "this is a temporary fix, because the numbers don't reflect our real performance when we are up and running, so we're not doing anything wrong..." type of conversation. It probably started as some minor tweaking, maybe even with the rules, but then became a bigger lie as margins didn't expand as quickly as projected.

However, it also highlights the weakness of the audit process. I am no auditor, but testing cost allocations across products and between opex and capex is - I would have thought - core audit function.

It reminds me of Nick Leeson at Barings Bank many years ago. He shovelled his trading losses into a hidden account only booking his profits in his visible P&L, planning to make good on the losses when he eventually made big enough profits. Problem is, he blew up the bank before those profits were realisd.

However, even taking all this into account, I made mistakes and should not have lost as much as I did.

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