It does look like there were substantial insider buys this month (Nov) though.
Seeking Alpha ran a news story that the CEO of RILY had to sell a huge chunk of stock because of a margin call LOL
And I'm sure that actually happened, because it's in SEC filings.
But the whole scandal seems to be based on some pretty weak speculation. The only concrete fact that seems at all relevant is that apparently Brian Kahn worked at Prophecy Asset Management during the time the fraud was taking place. This makes the rumor that he was involved in the fraud
plausible, but it my view it does not make it
credible.
That rumor started when someone, who was
somehow associated with the Prophecy fraud case, told a Bloomberg reporter that Hughes, the guy at Prophecy who pleaded guilty to fraud, had named Kahn as a co-conspirator.
I don't think that claim has been independently verified or corroborated by anyone, anywhere, and the reporter's source is almost certainly anonymous.
I think this is a bunch of hype that is getting pumped by short sellers and also by securities lawyers who are looking to bring a class action case on behalf of Riley shareholders.
But Kahn has not been indicted, and, almost equally noteworthy, no class action case has been filed.
When there are real, operative facts available, the lawyers rush to file the case because the earliest to file often gets to be the lead, and the initial plaintiffs get a bonus settlement. With this kind of litigation, you take the thinnest shred of evidence, shoot from the hip, and file the case. You ask questions later. Lots of questions, using subpoenas and depositions. You need those tools to develop the case.
You can't get enough evidence to
win the case, or force a settlement, until after you have
filed the case. You need the power of discovery to build the case.
But you can't file the case on pure speculation, or it will be deemed frivolous, and you will not be allowed to conduct discovery. There is a quantum of evidence needed to start the lawsuit. You don't need enough evidence to
win, but you need
something.
The fact that no case has been filed means they don't have that something.
If they did, a suit would have already been filed.
I wouldn't be shocked if the claim that Kahn was involved is completely false. A short seller might have paid off a reporter to write that stuff. Or paid
someone else, who really is involved in the case somehow, to feed that false information to a reporter. Would that be illegal? Of course. Is it possible? Absolutely.
Maybe the feds will announce the indictment of Brian Kahn on Monday morning.
But right now, there's simply nothing there to support all this except an unsubstantiated rumor.
And even if Kahn is indicted for his alleged role in the Prophecy fraud, it simply
does not follow that this would spell disaster for Franchise Group.
And even if it
did become a disaster for the performance of Franchise Group...
I am still not convinced that this would impair Riley to a degree that it would default on the baby bonds.
Cut the common stock dividend? Sure, that could certainly happen. Eliminate the common stock dividend altogether? Less likely, but certainly possible. Suspend dividends on preferred stock? Even less likely.
Default on debt instruments? That's tantamount to bankruptcy. I just don't see that happening to B. Riley, even if FRG crashes and burns.