The Speculator
Buy the very worst stocks you can find
We've found a twist in the restatement debacle that could make you money: The companies doing the worst before they restate are often the strongest coming back.

 

If the last three years in the market were made into a horror film, it might be named “Restatement!” Everything seems fine at the beginning; companies report record profits quarter after quarter. Shares are rising nicely, permitting the companies to raise capital. But suddenly, a low vibrato in the basses foreshadows trouble.

As shareholders watch in terror, crazed accountants tear the veils off the companies that had supposedly been doing so well, revealing them as gutted, bleeding and headed for bankruptcy court. One after another, executives throw down their genteel masks, revealing fangs dripping with severance payola.

 

We have a sequel in mind. It’s called “Revenge of the Shareholders,” and we have calculated a way that we expect will win many of us parts, or at least help us turn a profit. (Please follow our directions precisely, and don’t write to complain if Central Casting turns you down.)

We noted in our Jan. 9 column that companies that restate earnings do significantly better than average in subsequent months. But we warned high variability made trading on our results exceedingly risky (think WorldCom (WCOEQ, news, msgs) and Enron (ENRNQ, news, msgs)). Furthermore, the biggest post-restatement gains were in sub-$1 stocks, which suffer from wide bid-ask spreads, high commissions and low liquidity. Some readers, after reading all our caveats, wrote in to say, “Just tell us how to make money on your findings.” Always hoping to please, we took out the pen and pencil and began looking for ways to sharpen our edge.

It turns out that results significantly improve if you limit your purchases to the stocks that did the worst in the months leading up to the restatement. We’ll give chapter and verse below.

Three that bear watching
In the last two months, 10 companies have either restated earnings or announced they would do so. Of these, three were rocked by more than 20% in the prior three months relative to the market. These are Charter Communications (CHTR, news, msgs), Carreker (CANIE, news, msgs) and NUI Corp. (NUI, news, msgs). Our prediction would be that over the next three months, they will perform better than the market. At an appropriate time, we will be buying these three stocks as well as others that got beat up badly in the period before their restatement.

(Note that two of the three gave variants of the widely used Arthur Andersen excuse: “Our former CFO was from Andersen…” “Andersen was our accounting firm, so we reviewed our statements, and…”)

 Three stocks to watch for the next three months

Company

Restatement date

Reason

S&P performance, 3 mos. before

Stock, 3 mos. before

Difference

Charter Communications (CHTR, news, msgs)

Dec. 3

CEO from Andersen fired

7.6

-50

-57.6

Carreker (CANIE, news, msgs)

Dec. 10

Revenue recognition

-0.9

-58

-57.1

NUI Corp. (NUI, news, msgs)

Dec. 2

Former auditor was Andersen

6

-22

-28


A pox on all of us
Only a decade ago, financial statements were still considered solid and believable. Back then, only five or six dozen companies a year restated, says Jim Owers, a Robinson School of Business professor at Georgia State University who has studied restatements for more than a decade. Last year, the number of “do-overs” increased to a record 330 -- up 22% from 2001, a Huron Consulting Group study found. Blame the increase on the atmosphere of the 1990s. “Investors were demanding ever-more growing profits and revenues,” Owers told us in an interview on Tuesday. “The consequences of missing a forecast when other firms were meeting them were so dramatic that in order to meet the expectations the company had let analysts develop, it appears as though the ethical framework diminished.”

Earnings restatements are as terrible for the rest of the market as for the individual companies involved. They create a sense of fear that all past financial statements are suspect and could be revised at any time. They raise questions about management and auditors. At the end of the line, they cast a negative light on the efficacy of regulation. Uncertainty thus increases for the market as a whole, driving prices down as investors demand a higher return to compensate them for the risk of holding shares.

And that’s not all. A perception that the rules of the game are unfair and shifting can lead to the breakdown of our market economy. That’s why, after the fall of the Berlin Wall, so many former Communist countries had problems with markets. The system of enforcing contracts, the accuracy of accounting system and the rules regarding insider trading were all in question. Such problems were to be expected in countries that had suffered through non-market economies for decades. But here in America, how can numbers, auditors, managers and regulators all to be suspect? No wonder the market fell so far in this environment.

Considerable academic research confirms the negative impact of earnings restatements on individual companies. Owers co-wrote a paper with Ronald Rogers and Chen-Miao Lin called “The Informational Content of Different Categories of Earnings Restatements.” They found that investors reacted most negatively to restatements when the chief executive left around the same time and accounting issues were cited as the reason. “They lose about a third of their value in about three days,” said Owers, who is working on an update. The stocks that tend to bounce back are those that cited legal or regulatory reasons as the ultimate settlement may be less onerous than the market feared, according to Owers. Other commonly cited reasons include acknowledged fraud and changes related to a restructuring, merger, dividend, joint venture or stock split.

It’s remarkable how many companies fall significantly before their restatements. The 170 companies in the Owers studies went down an average of 13 percentage points relative to the market from 10 days before the announcement through one day after. We found a similar phenomenon in our own study. In 2002, the average change in the three months before restatement was 20 percentage points worse than the comparable period’s move in the S&P 500 ($INX).

 

After the announcement, however, we found that the road forks in an interesting way.

A strategy -- but no guarantees
We took all the companies that restated earnings in 2002, and ranked them by their performance in the three- and six-months periods before the restatement. We then calculated their performance through year-end. The results are eye-opening:

The 25 companies that performed worst in the three months before their earnings restatement produce an average 53% gain through year-end. The 25 best lost an average 2.8%.

Results for the best and worst performers six months before their restatements are similar. The 25 worst produced an average gain of 47%, while the best before restatement lost an average 4.4%.

Of course, there’s no way to know if the company will eventually land in the year’s 25 best or 25 worst. A good rule of thumb is to buy companies that underperformed the market by at least 20 percentage points in the three months before the restatement.

We calculated performance for the three months after restatement (from the first trading close after the announcement) and found similar results. The 25 companies that did worst relative to the market in the three months before restatement beat the S&P 500 by 20 percentage points, on average, over the next three months. The 25 companies that performed the best before their restatements lagged the S&P 500 by 3 percentage points over the comparable periods. The table shows some examples of companies that jumped in the three months after announcing restatements:

 

2002 restatements: before and after


Company

Date

% Chg 3 Mos. Before

% Chg 3 Mos. After

Eagle Building (EGBT, news, msgs)

2/14

-86

135

Qwest (Q, news, msgs)

7/28

-70

113

Massey Energy (MEE, news, msgs)

8/13

-57

46

Interpublic (IPG, news, msgs)

8/13

-20

20

Annuity & Life Re (ANR, news, msgs)

11/19

-85

96

Amer. Natl Insurance (ANAT, news, msgs)

8/19

-26

16

Gerber Scientific (GRB, news, msgs)

8/27

-58

152

Footstar (FTS, news, msgs)

11/13

-58

36


The system does not work every time. Some companies just kept falling after the restatement announcement. Among the basket cases were Peregrine Systems (PRGNQ, news, msgs), which filed for Chapter 11 the month after restatement, Firepond (FIRE, news, msgs) and Dynegy (DYN, news, msgs). These three underperformed the S&P 500 by 80 percentage points, 31 percentage points and 39 percentage points, respectively. Furthermore, buying a restatement company that already has filed for protection under the bankruptcy laws would seem to be a very poor idea. The abysmal post-restatement results of Kmart (KMRTQ, news, msgs) and Global Crossing (GBLXQ, news, msgs) are apropos.

Two prime examples of companies that beat the S&P in the three months before the announcement and went on to post lackluster performance include Transaction Systems (TSAI, news, msgs) and Gemstar-TV Guide International (GMSTE, news, msgs). These two stocks have underperformed the S&P 500 by 7 percentage points and 11 percentage points, respectively, since their restatement announcements in November.

Under no circumstances should an investor buy just one restatement stock in hopes of favorable results. Only by buying a basket of stocks can the inevitable risk of major losses in individual stocks be mitigated, and then only somewhat.

A list of companies that restated earnings in 2002 and so far in 2003 is available on our Web site, along with the regression equation we use to estimate expected return. We encourage all readers to e-mail us with comments, criticisms and augmentations. We answer all queries and the feedback relating thereto will hopefully enable you and us to improve.

Final note
We often change our views on markets every day, but regrettably our articles are researched, written and published several days after our original ideas. Right now, we have the impression once again that the public is being invaded by the Body Snatchers -- the ones trying to take all hope away. Our thoughts on that and our updated views on the market are on our Web site.

 

At the time of publication, neither Victor Niederhoffer nor Laurel Kenner owned any of the stocks mentioned in this column.