Serious Alibaba Accused of Faking Sales and Selling Faked Goods! Kenna Investigated by US SEC

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The Most Serious Alibaba Warning Signal Yet
Orange Peel Investments

By Scott Tzu

Those that have been reading us know that we have put together a series of skeptical articles on Alibaba (NYSE:BABA) over the last six months. Recently, we have been more prolific in our analysis of the company due to certain red flags that have been raised of late. The news of the SEC investigation into the company seems to have been already forgotten by the market, and the market never really seemed to care about some of the other red flags that we wrote about in the past. That's all good and well.

Except today, we have what we believe to be the biggest red flag for the company so far. It is something simple, but something that short-sellers and market skeptics have seen for years as a sign of trouble. When Jack Ma came out recently and made a statement to the media that American investors simply do not understand Alibaba, our ears immediately perked up.

Ma was quoted in this Business Insider article,

Alibaba Group Holding Ltd, whose accounting practices are under investigation by U.S. regulators, is a difficult company for the United States to understand, Executive Chairman Jack Ma said in an interview to Chinese media on Friday.

The U.S. Securities and Exchange Commission (SEC) launched a probe earlier this year into the Chinese e-commerce firm's accounting practices to determine whether they violated federal laws. Questions about Alibaba's growth rate and its relations with affiliated companies have dogged the firm for years.

In the interview with China's official Securities Times, Ma said the investigation does not mean Alibaba has problems but that the SEC is just performing its duties.

"Alibaba's business model does not have any references in the U.S., so it's not just a matter of one or two days for the U.S. to understand Alibaba's business model," Ma was quoted as saying.

Anybody that is familiar with the short selling world understands that when a company is challenged or questioned by a short seller, the best thing for them to do is to simply defend themselves with the truth. If the truth is on their side, this is a very easy thing to do. If the truth is not on the side of the company and the short seller is correct, many times companies will respond with vague comments informing short-sellers or other skeptics that they simply "do not understand the business."

That's why this line of logic from Ma gives us more caution. He is essentially telling U.S. banks and investors (who have lent him and his company over $6 billion recently) that they don't understand GAAP accounting, the same standard that all companies listed in the U.S. are held to.

Any seasoned investor or short seller that has been in the business for a while will tell you that this is a common defense for companies when they're in the wrong. Simply writing off the investing public or whatever critic of the company and challenging them as somebody who "does not understand the business," is a fallacy. Usually, short-sellers that go activist on companies tend to know the company better than management sometimes. In this case, now that certain intricacies of Alibaba's business model are being questioned, Jack Ma's response to say that people don't understand the business is absolutely appalling.

Not exactly something you'd say the day before the IPO, is it?

For us, this is the surest sign that something is wrong below the surface at Alibaba that we have ever seen.

American investors are presented with prospectuses before companies IPO all the time. They are familiar with the way that companies outside of the US list on US exchanges. They are familiar with GAAP (generally accepted accounting principles). These are the rules that Alibaba must abide by. End of story, nothing else to "figure out".

One of the benefits of analyzing a public company is that, from an analysis standpoint, companies are held to the same standards as every other company that is on a major US listed exchange. Reporting standards are exactly the same and your accounting standards are also exactly the same. So, if Ma is saying that US investors do not understand his company, one that has to ask what Alibaba is doing that is outside the realm of what a normal US publicly listed company would be doing that makes it so difficult to understand.

A blanket statement dismissal like this of a challenge of the business is one of the largest red flags we have seen to date with this company. It is insulting to people's intelligence that are familiar with the business and Ma's statements likely have done more harm than good, as short-sellers usually flock to companies where executives make such dismissive statements.

Further, if Americans simply "do not understand" Alibaba, why isn't Jack Ma out there doing his best to create the transparency and the necessary disclosure so that US investors and institutions can understand the business in the matter which he speaks of?

The United States capital markets are available to Mr. Ma for his convenience, but there is a standard in which Mr. Ma must meet and there are answers and disclosures that he owes to American investors and the exchange he is listed on. Instead of making dismissive comments, Mr. Ma should be thinking about what he could do to improve disclosure at his company.

Also, instead of encouraging this nonsense from Mr. Ma, US retail investors and institutions should be holding this company's feet to the fire and demanding answers, refusing to invest in the company or give them investment bank business until the company has done so. Everyone that is a part of the system that has allowed Alibaba to continue after these comments have been made are doing the United States capital markets a disservice.

Disclosure: I am/we are short BABA.

I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from Seeking Alpha). I have no business relationship with any company whose stock is mentioned in this article.
 
Re: Alibaba Accused of Faking Sales and Selling Faked Goods! Kenna Investigated by US

internetretailer.com
The dark side of China’s booming e-commerce business
Frank Tong

In its IPO filing, an e-retailer admits it created fake orders to raise its ranking on web marketplaces. Those phony purchases accounted for 42% of its 2014 orders.
Lead Photo

A small e-retailer created a big news recently in China when it admitted to a practice many believe is commonplace on China’s online marketplaces: a seller placing fake orders to boost its apparent sales and thus its rankings in search results on the country’s huge online shopping malls.

Flower e-retailer Shanghai Aishang flowers Co., Ltd. last week confessed in its prospectus filed in advance of an initial public offering of stock that it hired workers to place orders from its store on Alibaba Group Holding Ltd.’s Tmall.com and JD.com, two major web marketplaces, in order to move up in search results.

The Shanghai-based company spent 739,268 yuan ($113,690) to hire individuals who placed 163,676 fake orders on marketplaces in the first seven months of 2015, representing 42.02% of its total orders. For the same reason, Aishang Flowers also spent 989,165 yuan ($152,097) in 2014 and 26,234 yuan ($4,033) in 2013, respectively, accounted for 24.05% and 4.95% of orders in those two years, according to its prospectus.

Aishang Flowers said in the prospectus that it considered creating fake orders “a marketing approach” and didn’t include the fake orders in the sales reported in the filing.

Founded in 2008, Aishang Flowers’ major business is to sell flowers through online marketplaces Tmall.com and JD.com, and via its company site, Iishang.com. The company reported its sales reached 36.6 million yuan ($5.6 million) in 2014, up 66% from 22.1 million yuan (3.4 million) in 2013.

“We sincerely apologize to consumers and regulators. Under pressure from competitors, Aishang Flowers created fake orders. We didn’t count the sales from those fake orders and stopped doing so since August 2015,” Aishang Flowers said in a news release.

Although this is the first time that an e-retailer publically admitted to making phony orders, analysts say this example represents just the tip of the iceberg.

“Aishang had to explain those fake orders, otherwise its sales would conflict with the records of the marketplaces,” Zhang Zhouping, a senior analyst at the China E-commerce Research Center, says. “Fake orders is a widespread issue and has existed for a long time. I don’t think it can be completely solved. The current rules of marketplaces encourage consumers to buy from top sellers, and consumers also want to buy products from them.”

A search for the term “fake orders” on China’s leading search engine, Baidu.com, produces a first page of search results with five sites offering fake ordering services to merchants. Those sites, including Taoshuashua.net and Shuazuanle.cn, claim they can help merchants recruit individuals to place fake orders on marketplaces.

The practice of placing fake orders is so common that the industry has created a term for it—“brushing orders”—and some have suggested big marketplace operators like Alibaba, China’s leading e-commerce company, don’t make much of an effort to curtail the activity.

Alibaba denies that. “Brushing is an issue faced by the entire Internet industry around the world, and Alibaba is the industry leader in combatting this unfair and illicit practice. The only way to effectively get to the root of brushing and other online criminal activities is through proper investigation and prosecution by law enforcement authorities, who can make legally binding decisions. We strongly urge the authorities to take swift and aggressive actions to bring these offenders to justice. We also call upon the entire industry, including social chat apps and platforms, to work together with us to rid criminals of the tools through which their crimes are enabled.” Alibaba Group Holding Ltd. said in a statement.

Alibaba also says it has punished 220,000 sellers for creating fake orders in February, including closing 6,000 stores and deleting sales records for 390,000 products for which there were suspect orders.

JD.com is No. 1 in the Internet Retailer 2016 China 500. Although Alibaba’s marketplaces, primarily Taobao and Tmall, account for the majority of online retail sales in China, it is not ranked because it is not the merchant of record for any sales. Instead, like eBay Inc., Alibaba provides a platform on which other companies sell.

For more Chinese e-commerce data, please click here for the new-released Internet Retailer 2016 China 500

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Re: Alibaba Accused of Faking Sales and Selling Faked Goods! Kenna Investigated by US

tech.firstpost.com
Alibaba's Ma cancels speech after row with anti-counterfeiting group – Tech2

Alibaba Group Holding Ltd’s chief Jack Ma has cancelled a planned speech at an anti-counterfeiting conference in the United States after the trade group behind it suspended the e-commerce giant’s recently gained membership. Alibaba has been dogged for years by accusations that its online shopping platforms were conduits for counterfeiters and critics say it has not done nearly enough to stop the problem.

At least three members of the Washington-based International Anti Counterfeiting Coalition, including board member Tiffany & Co, quit the group and others threatened to leave in protest after Alibaba was admitted as a member in April. On Friday, the IACC suspended the new category in which Alibaba was admitted, effectively terminating its membership.

“Given the IACC’s desire for additional time to reflect upon the viability of its general membership category, Alibaba feels it best that Jack Ma postpone his appearance,” Jennifer Kuperman, head of international corporate communications, said in a statement. Alibaba Group President Michael Evans will speak at the conference in Orlando, Florida instead. Kuperman reiterated Alibaba’s stance that it is “firmly committed to the protection of intellectual property rights and combating counterfeits”.

‘DAMAGING ADVERSARY’

China’s biggest e-commerce firm has pledged to fight fake goods and has hired an army of employees to root them out, but many brands say the problem is still widespread, particularly on the hugely popular shopping site Taobao. In a letter to the IACC explaining its decision to leave the group, luxury brand Michael Kors called Alibaba “the largest marketplace for counterfeit merchandise the world has ever seen” and blasted the IACC for providing “cover to our most dangerous and damaging adversary”.

Gucci, Yves Saint Laurent and other brands held by Paris-based Kering SA filed a suit in New York in May last year alleging that Alibaba had knowingly made it possible to sell fake products. Last week Taobao said it was tightening controls on the sale of luxury goods, requiring sellers to show proof of authenticity as a way to try to combat the sale of fakes,.

Fake products, ranging from Beats headphones to infant milk formula, are widespread in China – both online and in bricks-and-mortar shops. The official People’s Daily newspaper said this month Chinese authorities would launch a campaign to clean up e-commerce, targeting trademark violations, counterfeit and poor quality products, in a move potentially affecting Alibaba as well as rivals JD.com Inc and Baidu Inc.

Reuters

Tags: Alibaba, Anti-Counterfeiting Conference, IACC, International Anti Counterfeiting Coalition, Jack Ma, Speech, United States
 
Re: Alibaba Accused of Faking Sales and Selling Faked Goods! Kenna Investigated by US

Holy Cow just when Ms Ho Ching decides to buy $1B shares only last week to add to investment already held when it was first IPOed.
 
Re: Alibaba Accused of Faking Sales and Selling Faked Goods! Kenna Investigated by US

never trust the chinks,especially a chink company headquartered in china.
 
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