This ‘operation’ falls into the same dubious half-light as the murky ‘Domain Registration’ scams where plausible-looking documents offering to register your domain for, er, let’s call it uncompetitive prices are sprayed around looking for suckers.
Low-ball share buyer Bernard Whimp has made close to $300,000 through an offer made to Vector shareholders by his limited partnership Energy Securities. The energy company yesterday said more than 300 of its investors had accepted an offer to sell their shares at a price that was significantly less than their market value.
Companies associated with Whimp, a former Christchurch property developer who is now registered to a Sydney address, sent letters to shareholders in seven large listed companies between Christmas and New Year.
Vector, Telecom, Fletcher Building and TrustPower investors were among those targeted with offers to purchase shares at a discount of up to 43 per cent on the market price.
Yesterday Vector said 373,209 shares, or 0.15 per cent of their shares that are available for trading, had been sold to Whimp’s company.
Energy Securities had offered $1.56 per share – 34 per cent less than the $2.36 they were trading at on the market on December 29. The difference in the offer price and the listed price could have netted Energy Securities $298,567.
Vector chairman Michael Stiassny said he was concerned shareholders had unwittingly sold their shares at a rate below market value. “These shareholders did not receive a fair price for their shares and that absolutely galls me,” he said. Stiassny said that while it was up to individuals to make their own investment decisions the board was concerned at the style in which the share offer was made.
Read on at the NZ Herald.
Of course, I’m sure Low-ball share buyer Bernard Whimp (who has previously used limited partnerships to get around a four-year ban on holding directorships that ended in October) sees nothing wrong with what he does.
Someone called Bernard Whimp didn’t see his actions as wrong in this case, Bernard Terence Whimp v The Queen either. Read the Supreme Court judgement here (PDF)
Key quote:
[1] A company controlled by the applicant was put into liquidation. The liquidator required the applicant to leave the premises. He returned that evening and removed property belonging to the company. Two days later the applicant was given a notice under s 261 of the Companies Act 1993 requiring him to deliver up that property. The notice as drafted required delivery by 9.00am the following day but, at the request of the applicant, the time was extended to midday that day.
[2] Following trial by jury, the applicant was convicted on counts of burglary, removing documents of a company in liquidation and failing to comply with the notice to deliver up. Having appealed unsuccessfully to the Court of Appeal,1 he now seeks leave to appeal to this Court.
…. The application for leave to appeal is dismissed.
I personally regard this type of operation as sleazy.
Interesting, but last time I checked and bought shares it was an open market.
Now I don’t know of the history of this person or of his companies. But what is stated in this article seems all above board. this Paragraph sums it up for me.
“Stiassny said that while it was up to individuals to make their own investment decisions the board was concerned at the style in which the share offer was made.”
Humans need to take responsibility for their own decisions.
The big scam artist Bernard asked me buy my shares at a discount and I just had to sign them over I had no choice. blah blah blah.
Law of the jungle, Craig?
Deliberately predatory actions such as these are not made OK by the fine print in my opinion.
If not strictly illegal, the practice, like the inflated-price domain renewal paperwork scam, is pretty close to the proforma invoice scams highlighted by Sarah at 5nz.com — plausible-looking documentation looking for a sucker.
No-one is suggesting compulsion, just misleading/deceptive possibilities.
predatory actions ?
What sending shareholders a letter? Yeah I would be interested in knowing where he got the shareholders details from. but with some research this is not all that difficult.
NZ Herald:
Sending a letter, yes.
Shares are one of the few things it’s possible to establish a precise market price for. Buying something for 60 cents when the market price is $1.20 — relying on people’s ignorance or credulity at your ‘official looking’ documentation is, in my opinion, dodgy or worse.
Someone who buys shares will only do so for one thing. To make money if these people decide to act on this so called letter that’s their decision.
When I buy a property I buy it for the biggest discount possible, the seller does not have to agree to the offer.
In this instance there is no difference. Even if the letter had fundamental lies persuading the cheaper sale price. The owner of the shares still has the last say.
Smells of a Media bash-up on someone who made some easy money
While I agree that a buyer has NO obligation to ‘educate’ the seller as to the ‘true’ value of the object of the transaction, I don’t find your property example compelling. It’s possible, on the given day, that you as prospective buyer may literally BE the market — i.e there’s no one else who wants to buy that particular property right then.
The purpose of a stock market, in the other hand, is to create a (generally) liquid market — meaning the shares being transacted DO actually have a ‘market’ value on any day — thus such ‘low-ball’ offers can be made, to (in my view) ‘game’ ignorant sellers.
The other dissimilarity is that no matter what grooming/recruitment of sellers you engage in to find your prospective sellers, I doubt that you use the scatter-gun/mass mail/spammy approach this Bernard Whimp character appears to engage in, where, in my personal opinion, he is looking to take advantage of people’s naivete.
‘Media bash-up’? No, Craig. I remain unconvinced of your survival of the fittest model.
It’s OK that you don’t see Mr Whimp’s actions as misleading, of course. But I do. – P
Now these guys need to be hung drawn and quartered.
http://www.stuff.co.nz/national/crime/4598884/Woman-loses-32-000-in-tax-refund-scam
Wow! Thanks for sharing.
Yes — that’s the “scatter-gun/mass mail/spammy approach” I mentioned.
The urge to engage in larceny/bargain-hunting/sucker-baiting is as old as the hills, so is snake oil …
Reputations …
http://www.stuff.co.nz/business/opinion/4653322/Mr-Whimps-odd-headaches-just-part-of-rough-justice
Mr Whimp has now crossed the line, what a A-Hole.
http://www.stuff.co.nz/business/4672683/Whimps-threatening-letter-appals-Vector-boss
Agreed. Threatening people ensnared in a DELIBERATELY bad deal and looking for legitimate ways out with “legal action” is a bully-boy tactic of the lowest order.
Reminds me of threats made by other, perhaps more superficially charming, bully boys under the spotlight.
The journo at stuff.co.nz is trying to send a message:
I think the ‘burglar’ label is stuck on because of the Supreme Court-appealed case re removal of company stuff referred to in my original post. – P
has anyone seen one of these offers. i want to look at whathe is sending out. please email me secret-202@hotmail.com
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