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Bribery is always unethical, but they bribed them big time! They gained a huge edge on competitors by doing this, but it wasn't because their products were great, it was because they offered gucci bags, tiffany pens and other luxury items so they could sell directly to people. Sounds fishy and unethical to me.
Avon Industries was completely unethical by bribing Chinese officials with gifts. As a fixture of Americana, Avon Industries should be setting and upholding the standard of ethical practices, not stooping to bribing Chinese officials to move their own interests forward. Greed is a most unfortunate ingredient to mix with any type of business.
Bribing someone is always unethical and someone who will take a bribe is untrustworthy. Bribing undermines the process business must go through. Anything gotten through bribes will fall apart when what has been done comes to light. If you can not be honest in your dealings, how can your customers trust your brand?
Avon were trying to circumvent Chinese licensing bans by paying bribes and giving gifts to officials. The Chinese contract would have been incredibly lucrative and the rules set in place by the Chinese authorities were dogmatically bureaucratic. It is also the case that in China, bribery and gift giving is much more common than it is in the West and it is an almost acceptable way of conducting business.


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Endless Love
Alex Pettyfer and Gabriella Wilde star in this romantic drama directed by Shana Feste.
Further adventures of Paul Hogan's Mick 'Crocodile' Dundee, this time pursued from New York back to the Australian Outback by vengeful drug dealers.
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Alex Pettyfer and Gabriella Wilde star in this romantic drama directed by Shana Feste.
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By "first Thanksgiving Day", no, I do not mean the harvest thanksgiving meal which the Separatist colonists of New Plymouth shared uncomfortably with their Wampanoag neighbors. Nor do I mean any of the thanksgivings proclaimed on a one-time basis by a U.S. President after that. In this case, the "First Thanksgiving Day" means the inaugural event of those that have ... (click for more)
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United States Court of Appeals, Ninth Circuit
June 12, 2014
UNITED STATES OF AMERICA, Plaintiff-Appellee,v.JUAN QUINTERO-JUNCO, Defendant-Appellant
Argued and Submitted, San Francisco, California: May
14, 2014.
Page 747
[Copyrighted Material Omitted]
Page 748
Appeal from the United States District Court for the District of Arizona. D.C. No. 4:12-cr-02145-DCB-LAB-1. David C. Bury, District Judge, Presiding.
Myrna R. Beards (argued), Tucson, Arizona, for Defendant-Appellant.
Erica L. Seger (argued), Assistant United States Attorney, Tucson, Arizona, for Plaintiff-Appellee.
Before: M. Margaret McKeown and Milan D. Smith, Jr., Circuit Judges, and James L. Robart, District Judge.[*] Opinion by Judge Milan D. Smith, Jr.
M. SMITH, Circuit Judge:
In this appeal, we consider whether the district court gave adequate weight to the United States Sentencing Guidelines (USSG or Guidelines) when sentencing Defendant-Appellant Juan Gregorio Quintero-Junco. We also consider whether Quintero-Junco's prior conviction for attempted sexual abuse, in violation of Arizona Revised Statutes (ARS) § 13-1404, constitutes a " forcible sex offense," and therefore a " crime of violence," under the Guidelines. See USSG § 2L1.2 cmt. n.1(B)(iii). Because the district court adequately considered the Guidelines in fashioning Quintero-Junco's sentence, we conclude that the court's sentencing methodology was proper. Applying the modified categorical approach, we further conclude that the portion of ARS § 13-1404 under which Quintero-Junco was previously convicted is categorically a forcible sex offense. We therefore affirm the judgment of the district court.
Quintero-Junco, a citizen of Mexico, was arrested in Arizona on September 27, 2012. Because he had previously been deported on June 10, 2008, he was charged with illegal reentry after deportation, in violation of 8 U.S.C. § 1326.
On December 6, 2012, Quintero-Junco pleaded guilty to the indictment without a plea agreement. On January 11, 2013, the Probation Office produced its Presentence Investigation Report (PSR), which noted that Quintero-Junco had previously been convicted of attempted sexual abuse, in violation of ARS § 13-1404. The PSR classified Quintero-Junco's prior conviction as a " forcible sex offense," and therefore a " crime of violence," which would subject him to a sentencing enhancement under
Page 749
USSG § 2L1.2(b)(1)(A)(ii). Quintero-Junco objected to the enhancement.
The district court sentenced Quintero-Junco on February 14, 2013. At the sentencing hearing, the court first calculated the applicable Guidelines range. In so doing, the court explained that Quintero-Junco's prior Arizona conviction was " potentially . . . categorically a crime of violence." The court then determined, however, that " the plea transcript that has been filed, and the factual basis for the plea in the case, and . . . judicially noticeable documents" showed that the prior conviction constituted a crime of violence under the modified categorical approach. The court therefore concluded that Quintero-Junco was subject to a twelve-level enhancement and calculated his total offense level under the Guidelines to be seventeen. The district court then calculated Quintero-Junco's Guidelines range to be between twenty-seven months and thirty-three months of incarceration.
Nevertheless, the district court explained that the Guidelines calculation " doesn't really matter" in Quintero-Junco's case. Instead of imposing a sentence within the Guidelines range, the district court sentenced Quintero-Junco principally to a term of fifty-two months of incarceration. According to the district court, Quintero-Junco's criminal history, including his previous incarceration for illegal reentry, militated in favor of a custodial sentence of longer than seventy-seven months. However, the court ultimately sentenced Quintero-Junco to fifty-two months of imprisonment on account of the age of Quintero-Junco's criminal record, as well as his " age and infirmity." Quintero-Junco timely appealed.
We have jurisdiction under 28 U.S.C. § 1291. We review unpreserved claims of procedural error at sentencing for plain error. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010). We review de novo a district court's determination that a prior conviction constitutes a crime of violence under the Guidelines. United States v. Gonzalez-Monterroso, 745 F.3d 1237, 1243 (9th Cir. 2014) (citing United States v. Gomez-Hernandez, 680 F.3d 1171, 1174 (9th Cir. 2012)).
Quintero-Junco asserts that the district court committed two reversible errors in connection with his sentencing. First, although he did not raise this argument in the district court, Quintero-Junco contends on appeal that the court gave inadequate weight to the Guidelines. Second, he argues that the district court erroneously classified his prior Arizona conviction for attempted sexual abuse as a forcible sex offense, and therefore a crime of violence. We reject both of these arguments.
I. Sentencing Methodology
Quintero-Junco argues, for the first time on appeal, that the district court gave inadequate weight to the applicable Guidelines range when imposing his sentence. Even though the Guidelines are advisory, " the district court must correctly calculate the recommended Guidelines sentence and use that recommendation as the 'starting point and the initial benchmark.'" United States v. Munoz-Camarena, 631 F.3d 1028, 1030 (9th Cir. 2011) (per curiam) (quoting Kimbrough v. United States, 552 U.S. 85, 108, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)). Thus, we have explained that " [a] district court must start with the recommended Guidelines sentence, adjust upward or downward from that point, and justify the extent of the departure from the Guidelines sentence." Munoz-Camarena,
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631 F.3d at 1030. According to Quintero-Junco, the district court contravened this procedure by stating at the beginning of the sentencing hearing that it did not intend to impose a Guidelines sentence.
At the outset of the sentencing hearing, the district court stated that it believed that the Guidelines would provide " poor advice" in this case given Quintero-Junco's record of recidivism. The district court further explained that defense counsel's arguments against the sentencing enhancement would not " help Mr. Quintero-Junco" because the Guidelines were " not going to guide" the court in imposing a sentence. Based on these comments, Quintero-Junco contends that the district court failed to treat the Guidelines as its starting point.
Quintero-Junco misreads the record. To be sure, the district court acknowledged early in the hearing that it intended to vary from the Guidelines in imposing a sentence. But the court followed the required procedure in doing so. While Quintero-Junco contends that the district court gave the Guidelines short shrift, the court expressly recognized that it was " obligat[ed] to find the [G]uidelines . . . because it's a starting point for a number of things." The district court then explained that it would vary from the recommended Guidelines range because Quintero-Junco had re-offended in spite of having previously received a " very, very long sentence" for the same offense. Indeed, the district court specifically noted that, in light of Quintero-Junco's criminal history, an above-Guidelines sentence was required " to promote respect for the law" and to deter Quintero-Junco from offending yet again. See 18 U.S.C. § 3553(a) (directing courts to consider " deterrence" and the need " to promote respect for the law" in imposing a sentence).
Accordingly, the district court did not commit any methodological error, much less plain error. The court acknowledged that it was required to start with a Guidelines calculation, and then it relied on the § 3553(a) factors to impose a non-Guidelines sentence. The court therefore properly treated the Guidelines as its starting point, see Munoz-Camarena, 631 F.3d at 1030, and it adequately " explain[ed] the sentence selected, including any deviation from the Guidelines range." United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc); see also United States v. Ali, 620 F.3d 1062, 1074 (9th Cir. 2010) (affirming a sentence where the district court " considered the guidelines and imposed what it felt was the appropriate sentence" ). For these reasons, Quintero-Junco's argument that the district court failed adequately to consider the Guidelines is without merit.
II. Crime of Violence Enhancement
Quintero-Junco next contends that the district court erroneously classified his prior Arizona conviction for attempted sexual abuse as a forcible sex offense, and thus a crime of violence. As a result of this classification, the district court found Quintero-Junco eligible for a twelve-level sentencing enhancement. Quintero-Junco contends that the district court erred in this respect, and therefore miscalculated the applicable Guidelines range. But Quintero-Junco's argument is unavailing, because (1) the modified categorical approach applies; and (2) Quintero-Junco's prior conviction for attempted sexual abuse constitutes a forcible sex offense under that analysis.[1]
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A. Legal Framework
Under the Guidelines, the base offense level for a violation of 8 U.S.C. § 1326--the crime for which Quintero-Junco was sentenced here--is eight. See USSG § 2L1.2(a). However, " [i]f the defendant was previously deported after being convicted of a felony that constitutes a 'crime of violence,'" the offense level increases. United States v. Caceres-Olla, 738 F.3d 1051, 1053 (9th Cir. 2013) (quoting USSG § 2L1.2(b)(1)(A)(ii)). As relevant here, a " crime of violence" is defined to include " forcible sex offenses (including where consent to the conduct is not given or is not legally valid, such as where consent to the conduct is involuntary, incompetent, or coerced)." USSG § 2L1.2 cmt. n.1(B)(iii). Further, " an attempt to commit a crime of violence is itself a crime of violence." United States v. Wenner, 351 F.3d 969, 976 (9th Cir. 2003) (citing USSG § 4B1.2 cmt. n.1).
To determine whether a prior conviction constitutes a crime of violence, courts generally apply the " formal categorical approach" established in Taylor v. United States, 495 U.S. 575, 600, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Under the categorical approach, " sentencing courts compare the elements of the statute of conviction with a federal definition of the crime to determine whether conduct proscribed by the statute is broader than the generic federal definition." Caceres-Olla, 738 F.3d at 1054 (quoting Valencia-Barragan, 608 F.3d at 1107) (internal quotation marks omitted). " If the statute of conviction 'sweeps more broadly than the generic crime, a conviction under that law cannot count as [a qualifying] predicate, even if the defendant actually committed the offense in its generic form.'" Caceres-Olla, 738 F.3d at 1054 (quoting Descamps v. United States, 133 S.Ct. 2276, 2283, 186 L.Ed.2d 438 (2013)).
The categorical approach precludes sentencing courts from considering information other than the respective elements of the crime of conviction and the generic federal crime. Descamps, 133 S.Ct. at 2283. In a " narrow range of cases," however, sentencing courts may instead apply the " modified categorical approach," and " may look beyond the statutory elements to the charging paper and jury instructions to determine whether the defendant's conviction necessarily involved facts corresponding to the generic federal offense." Caceres-Olla, 738 F.3d at 1054 n.2 (quoting Descamps, 133 S.Ct. at 2283-84) (internal quotation marks omitted). As the Supreme Court recently clarified in Descamps, courts may employ the modified categorical approach only when the statute of conviction is " divisible," in that it " lists multiple, alternative elements, and so effectively creates 'several different . . . crimes.'" Descamps, 133 S.Ct. at 2285 (quoting Nijhawan v. Holder, 557 U.S. 29, 41, 129 S.Ct. 2294, 174 L.Ed.2d 22 (2009)).
Where a statute of conviction is divisible, a sentencing court employing the modified categorical approach may " consult a limited class of documents, such as indictments and jury instructions, to determine which alternative formed the basis of the defendant's prior conviction." Descamps, 133 S.Ct. at 2281. " The court can then do what the categorical approach demands: compare the elements of the crime of conviction (including the alternative element used in the case) with the elements of the generic crime." Id. If the elements of the statutory alternative under which the defendant was convicted are broader than the generic crime, the prior conviction " cannot count as [a qualifying] predicate." Id. at 2283.
B. Modified Categorical Approach
The district court properly analyzed Quintero-Junco's prior conviction
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under the modified categorical approach because the Arizona statute under which he was convicted is divisible. Under ARS § 13-1404, " [a] person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast." As this language demonstrates, a defendant can violate the statute in two distinct ways. First, a defendant violates the statute if he " intentionally or knowingly engag[es] in sexual contact with any person who is fifteen or more years of age without consent of that person." Id. Alternatively, a defendant also violates the statute if he " intentionally or knowingly engag[es] in sexual contact . . . with any person who is under fifteen years of age if the sexual contact involves only the female breast." Id.
Because the Arizona statute " list[s] potential offense elements in the alternative," it is divisible, and the modified categorical approach may be applied to discern the prong under which Quintero-Junco was convicted. See Descamps, 133 S.Ct. at 2283.
C. Forcible Sex Offense
Although the district correctly recognized that the modified categorical approach applies here, the court--which did not have the benefit of Descamps --misapplied the modified categorical approach by " look[ing] behind [Quintero-Junco's] conviction in search of record evidence that he actually committed the generic offense." See id. at 2293. Specifically, the district court reviewed the transcript of Quintero-Junco's plea colloquy, which showed that Quintero-Junco was accused of attempting forcibly to remove a woman's clothing in order to touch her breasts. The court found by " clear and convincing evidence" that such conduct constituted a forcible sex offense, and therefore a crime of violence. Under Descamps, this approach was erroneous. Rather than determining whether Quintero-Junco " actually" committed the generic crime, the district court should have instead analyzed whether the elements of the statutory prong under which Quintero-Junco was convicted correspond to those of the generic federal offense.
Nonetheless, the district court's error was inconsequential. As discussed above, the modified categorical approach applies here because the Arizona statute under which Quintero-Junco was convicted is divisible. And, as discussed below, the elements of the statutory prong under which Quintero-Junco was convicted categorically match the elements of the generic definition of forcible sex offense. Thus, even though the district court's application of the modified categorical approach was flawed, the court's ultimate conclusion was correct.
A proper application of the modified categorical approach reveals that Quintero-Junco was convicted under the first prong of the Arizona statute, which criminalizes " intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person." ARS § 13-1404. Under Descamps, courts applying the modified categorical approach are permitted to look to the indictment to ascertain the statutory alternative under which a defendant was convicted. See Descamps, 133 S.Ct. at 2284. And here, the Arizona indictment to which Quintero-Junco pleaded no contest shows that the victim of the crime was fifteen or more years of age and that she did not consent to any sexual contact.
The elements of the statutory prong under which Quintero-Junco was convicted categorically match the elements of the generic definition of forcible sex offense. In 2008, the United States Sentencing
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Commission modified the definition of " forcible sex offense" to include those offenses " where consent to the conduct is not given or is not legally valid, such as where consent to the conduct is involuntary, incompetent, or coerced." USSG § 2L1.2 cmt. n.1(B)(iii); see also United States v. Gallegos-Galindo, 704 F.3d 1269, 1272 (9th Cir. 2013). After the 2008 amendment, " indicia of additional force or violence [are] no longer required for the [forcible sex offense] enhancement so long as consent to the sex offense [is] shown to be lacking." Gallegos-Galindo, 704 F.3d at 1272. Thus, under the amended Guidelines, a forcible sex offense simply " requires a sexual act where 'consent to the conduct': (1) 'is not given'; or (2) 'is not legally valid, such as where consent to the conduct is involuntary, incompetent, or coerced.'" Caceres-Olla, 738 F.3d at 1054-55 (quoting USSG § 2L1.2 cmt. n.1(B)(iii)).
Because the applicable prong of the Arizona statute criminalizes non-consensual sexual contact with a person over fifteen years of age, it fits comfortably within the broad definition of forcible sex offense. Accordingly, the district court properly determined that Quintero-Junco's prior conviction for attempted sexual abuse constitutes a forcible sex offense, and the court did not err in applying an enhancement under the Guidelines.
In arguing against this conclusion, Quintero-Junco counters that his prior conviction does not constitute a forcible sex offense because the Arizona statute under which he was convicted does not have penetration as an element. As Quintero-Junco observes, Arizona law defines " sexual contact" to include not only penetration, but also " any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast." ARS § 13-1401(2). Thus, Quintero-Junco contends that the Arizona statute under which he was convicted is not categorically a forcible sex offense, as it also criminalizes what he characterizes as " non-violent non-consensual indirect touching of an intimate area." According to Quintero-Junco, the term " forcible" would be superfluous if such non-violent offenses constituted forcible sex offenses. See United States v. Bolanos-Hernandez, 492 F.3d 1140, 1145 (9th Cir. 2007) (rejecting an interpretation of the Guidelines that would " render any of its provisions mere surplusage" ). Quintero-Junco thus urges that only offenses involving penetration constitute forcible sex offenses.
Quintero-Junco's argument is foreclosed by the plain language of the 2008 amendment to the Guidelines and our case law construing it. As discussed above, the 2008 amendment expanded the definition of forcible sex offense to include offenses " where consent to the conduct is not given or is not legally valid, such as where consent to the conduct is involuntary, incompetent, or coerced." USSG § 2L1.2 cmt. n.1(B)(iii). Applying this language, we have explained that the Guidelines now " include as a forcible sex offense any sex offense involving the absence of the victim's consent." Gallegos-Galindo, 704 F.3d at 1270 (emphasis added); see also Caceres-Olla, 738 F.3d at 1054-55.
Contrary to Quintero-Junco's assertion, Gallegos-Galindo does not support his narrow interpretation of forcible sex offense. In that case, we held that, following the 2008 amendment, " force beyond penetration" is not required for a prior conviction to constitute a forcible sex offense. Id. at 1273. Relying on this language, Quintero-Junco argues that Gallegos-Galindo implicitly suggests that all forcible sex offenses must include penetration as an element. But we explained in clear terms in Gallegos-Galindo that any sex offense committed without the consent of the victim constitutes a forcible
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sex offense. Id. at 1274. Thus, Gallegos-Galindo provides no support for Quintero-Junco's contention that forcible sex offenses must have penetration as an element.[2]
Our decision in Gallegos-Galindo is not an aberration. To the contrary, several of our sister circuits have likewise held that any sex offense involving a lack of consent is a forcible sex offense. For example, the Eleventh Circuit recently explained that " any nonconsensual sexual contact will satisfy the guidelines definition of 'forcible sex offense.'" United States v. Contreras, 739 F.3d 592, 597 (11th Cir. 2014). While the Eleventh Circuit acknowledged that " [i]t may seem odd that the term ' forcible sexual offenses' is defined to include crimes that do not have physical force as an element," the court concluded that the post-2008 definition " could hardly be any clearer" that lack of consent is sufficient. Id. at 596. The Tenth Circuit has similarly explained that " [w]hen an offense involves sexual contact with another person, it is necessarily forcible when that person does not consent." United States v. Reyes-Alfonso, 653 F.3d 1137, 1142 (10th Cir. 2011) (internal quotation marks omitted). And the Fifth Circuit has held that a conviction under a state statute prohibiting non-consensual " touch[ing] of the victim's intimate parts" constitutes a forcible sex offense. United States v. Diaz-Corado, 648 F.3d 290, 293 (5th Cir. 2011). In urging us to read a penetration requirement into the expanded definition of forcible sex offense, Quintero-Junco not only asks us to depart from our decision in Gallegos-Galindo, but also to part company with our sister circuits. We decline to do so.
For these reasons, Quintero-Junco's prior conviction constitutes a forcible sex offense. The district court thus correctly applied the " crime of violence" enhancement when calculating Quintero-Junco's Guidelines range.
The district court properly treated the Guidelines as its starting point, and the court correctly concluded that Quintero-Junco's prior Arizona conviction for attempted sexual abuse constitutes a forcible sex offense. Accordingly, we affirm the judgment of the district court.
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The first aim of the approach is to confront audiences with new trends in filmmaking Hubert Bals in 1972 1
The International Film Festival Rotterdam was founded in 1972 by Hubert Bals, a legendary figure who ran the festival up to his early death in 1988. His cinephile legacy lives on in the festival's commitment to new trends in filmmaking from across the world and in the festival's production award named after him. The Hubert Bals Fund, was designed to help innovative work be realised in the developing world, has supported over 400 works from Asia, the Middle East, Eastern Europe, Africa, and Latin America.
The International Film Festival Rotterdam holds a position as a young and adventurous festival, but is nearing its 40th birthday, and for the last decade that I've been attending, it has gone through various changes. To understand where it might be going, it's worth reflecting on how film festivals originated – and some of the reasons for their very existence. It is a complex and interrelated history; festivals were often established to promote a specific agenda or to act against the bias of other festivals. To understand these unusual international events and how they operate now, it's useful to reflect on their origins, and how things have shifted and revised over the years.
Famously, the world's first competitive film festival, Venice – the Mostra di Venezia, was supported and endorsed by Mussolini and its main prize the Coppa Mussolini, was noticably bestowed upon films from countries of the fascist alliance. Reputedly, it was this bias and the awarding of Leni Riefenstahl's Olympia over Jean Renoir's celebrated anti-war masterpiece La Grande Illusion that inspired the inception of the Cannes Film Festival. Designed to be independent of political control and censorship, the first Cannes festival was held on 1 September 1939 but only managed an opening night before being closed onto the outbreak of World War II the following day.
After that war, many international festivals and arts events were created and engineered along national lines, often with an explicit agenda to promote democracy and fight against the threat of fascism. FIAPF – Fédération Internationale des Associations de Producteurs de Films – was established in 1933 to serve and govern film festivals, and gave the following instructions in the 1950s for how and why festivals should be run:
All film festivals should contribute to better understanding between nations and support development of the art of film and the film industry.2
This advice was taken on in Germany, and in particular with the formation of the Berlin Film Festival, developed by an American Film Officer and British colleague in West Berlin in 1951. Soon after, 1955 saw the first edition of renowned art event Documenta, which started with an exhibition of Modernist work banned by the Nazis as 'degenerate art' and in 1958, the short film festival in Oberhausen adopted the motto "Weg zum Nachbarn/Way to the Neighbour" and prided itself as a forum for exchange between cultures. It's interesting to reflect on the political nature and at times radical stance that underlined the international nature of these early events, especially as many festivals now seem to operate under the same criteria but without the explicit political commitment of their founders, and are often dependent and to some degree controlled by a level of government support from around the world.
Post-war, festivals experienced a major upheaval in Europe in the late 1960s, most notably at Cannes where united French filmmakers closed the festival in protest demanding radical reforms in cinema. The following years saw this more politicised generation create a new type of festival across Europe, opposed to the competitive mainstay of festivals. At the Berlinale, Ulrich Gregor and Manfred Salzgeber founded the Forum des Jungen Film in 1971 and La Quinzaine des Resalisatuers was established at Cannes, both anti-festivals to run alongside the main competition. And it was at this time that Hubert Bals founded the festival in Rotterdam. As Ulrich Gregor declared, these new initiatives saw their role to "publicise and support progressive and avant-garde developments in film from around the world".3
The Berlinale has just held its 60th anniversary edition, Rotterdam will hold its 40th edition next year. One of the central venues in Rotterdam, the Lantaren/Venster, the hub for short and experimental film and also performance and expanded work, has hosted its last festival in its current location, next year it will have moved to new premises in the south side of the city. This venue with its multiple auditoriums all of which break out into the same central bar was the first location for the festival and its very architecture was a major contribution to the festivals legendary early years where unprecedented collisions of filmic culture that took place. A famous anecdote recalls how exploitation king Russ Meyer could be seen after the screening of Beneath the Valley of the Ultra-Vixens (1979) discussing distribution in Germany with Jean-Marie Straub, the epitome of uncompromising European political cinema.
So what role do festivals play now and in what way are they still relevant? What is to happen to these festivals in the future? The early days of Rotterdam and the Forum seem to be both experimental and yet politically committed, they seem to define, no doubt helped by the years that have gone by, powerful new trends and commitments in the history of cinema, but what of those trends now? Festivals such as Rotterdam have outlined one path through their integration of visual arts into their programme and championed work supported and produced within that context. But in recent editions the festival seems to be refocusing in a different direction. The Festival's director, Rutger Wolfson (formerly director of the centre for contemporary art De Vleeshal) has sought to reaffirm it's commitment to cinema rather than art, and even starts his introduction to the festival by referring to his past "when I still worked in the art world". Was the substantial involvement of visual arts in festivals a blip? A condition affected by the boom in the art market that has now subsided? Is it possible to separate innovative film and video from the visual arts anymore?
One of the Festival's ubiquitous guests this year was the acclaimed Portuguese director Pedro Costa (a devote of Straub and his directing partner Danièle Huillet), who is celebrated as a champion of rigorous cinematic form, yet Costa's work has increasingly found support through the institutions of contemporary art rather than cinema. Tellingly the most exposure his work has had in the UK was at Tate Modern last year. His presence at the Festival and its various venues was met among filmmakers and critics with a hushed reverence and rumours of overheard conversations permeated throughout the event – especially his supposedly overheard statement that "we should do everything we can to resist this!" which was seen as a condemnation of the self-congratulatory world of festivals.
1 'Film Lived in Rotterdam in these days' by Jos van der Burg, 25th International Film Festival Rotterdam Catalogue, p.165, 1996
2 1st Berlin International Film Festival: archive
3 21st Berlin International Film Festival: archive


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What is a doughnut? A donut (or doughnut) is a sweet, deep-fried or sometimes baked piece of dough. The two most common types are the torus-shaped ring doughnut, the formation of which will result a small spherical piece of dough, originally made from the middle of a ring doughnut. And the filled doughnut; usually a flattened sphere injected with jam, jelly, cream, custard, or another sweet filling. The common circular doughnut also looks similar to a bagel. Though frying is the accepted method of donut preparation, donuts can be baked in an oven. These have a slightly different texture from the fried variety with a somewhat different taste due to the lack of absorbed oil - but as a benefit, will also have a lower fat content. Baked or fried, the perfect accompaniment to a fresh donut is a hot cup of coffee from a Woodlands Coffee Shop.
So why does a bagel look similar to a donut? The bagel has a hole to allow it to be retrieved from boiling water, while a donut hole is intended to allow the donut to cook faster and more thoroughly. There is no historical connection between bagels and doughnuts.
And when you just can't decide between a donut (perhaps too sweet) and a bagel (perhaps too plain) there's always the local favorite, kolachies. Depending on how long you've been around these parts, you might be suprised to discover that all this time, what you've been calling a kolache is actually a klobasnek; and what they specialize in over there at The Kolache Factory the real deal. A klobasnek, which often uses similar bread as a kolache, is usually filled with a piece of sausage. These are sometimes mistakenly referred to as kolaches. They may also contain ham and cheese, sausage, jalapeño slices, and look a bit more like a "pig in a blanket" than the original pastry.
A little more useless donut information to send you on your way: Donut Peaches are uniquely shaped Freestone Peaches which look remarkably like donuts, as they are typically flat with a depression in the middle suggesting a donut hole. In addition to having a distinctive appearance, Donut Peaches also have a special flavor; less acidic than some peach cultivars, and with a sweet tenderness and faint hint of almonds which many find enjoyable. The Donut Peach features a creamy yellow skin with a faint red blush, and a pure, white flesh, and they are extremely juicy.
Many farmers' markets and specialty stores carry Donut Peaches when they come into season in the middle of the summer months. Donut peaches can be grown just like regular peach trees, doing well in warm climate areas. They tend to be less fuzzy than some other peach varities, and are reminiscent of nectarines. Peaches and Nectarines are very closely related yet, they are actually separate fruits. The origins of the Donut Peach can be found in Asia, where Flat Peaches have been cultivated for centuries. In the mid-1800s, several different varieties of peaches were exported to the United States, where Chinese flat peaches, as they were called, became popular for a brief period of time. The fruits soon fell out of fashion however, and the flat peach was considered an essentially lost heirloom variety until the 1990s, when it began to enter widespread cultivation again. Some stores market Donut Peaches as "Saucer Peaches" or "Saturns" in a reference to their unusual shape. In general, Donut Peaches tend to be more expensive than traditional peaches due to their novelty item status, but they can be used just like regular peaches in pies and fruit salads in addition to being eaten plain. To select a good Donut Peach in the market, look for a peach with relatively even coloring and no soft or slimy spots. The peach should yield slightly when handled, but it should not be mushy or terribly firm. Donut Peaches can be left out on the counter to ripen if they are not yet perfect, and stored under refrigeration for up to three days once they have reached full ripeness. Donut Peaches can also be stored in a paper bag to prevent insect infestation and over-ripening.
American Donut A Donut Shop
Donut Palace A Donut Shop
Dunkin' Donuts A Donuts and Coffee Staple
Kolache Donut Express A Donut and Kolaches Bakery
Kolache Factory A Kolache & Breakfast Food Cafe
Shipley DoNuts A Texas Original Donut & Kolache Bakery
Snowflake Donuts A Donut & Kolache Bakery
Sundale A Donut and Bagel Shop
Sunrise Donuts A Donut & Kolache Bakery
Yes Donuts Donuts and Asian Food
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German translation of auctioneer
Example Sentences Including 'auctioneer'
The widow sorts out what she wants to take to her daughter's and signs a contract with a respectable auctioneer.The Tartan Ringers
He could imagine the pair of them in McAteer's office, sitting in the auctioneer 's padded chairs: `Not what we're looking for, I'm afraid.Three Kinds of Kissing - Scottish Short Stories
For the purpose I was the auctioneer , she the tally girl with piles of paper.The Tartan Ringers
Trends of 'auctioneer'
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'auctioneer' in Other Languages
- Brazilian Portuguese: leiloeiro leiloeira
- Chinese: 拍卖师
- European Spanish: subastador subastadora
- French: commissaire-priseur
- German: Auktionator Auktionatorin
- Italian: banditore banditrice
- Japanese: 競売人
- Korean: 경매인
- Portuguese: leiloeiro leiloeira
- Spanish: rematador rematadora
Translation of auctioneer from the Collins English to German Dictionary
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Nearby words of 'auctioneer'
- auction house
- auction room
- auction sale
- auctioneer
- audacious
- audacity
- audible


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Featured Video: Major Lazer - Get Free
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iHerb Customer Reviews
Savings of: $0.58 (12% off)
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We recently conducted thorough due diligence on Zhongpin Inc. (NASDAQ:HOGS). Based on our work and the observations of our investigators who have visited HOGS facilities on various occasions, we conclude that: HOGS is in fact processing and selling pork products in China. However, while HOGS is clearly not an "empty shell" we did find clear and substantial evidence of possible fraudulent activities.
Summary of Findings
- Overstatement of SEC net income vs. SAIC filings by nearly 500% in 2009.
- GEO estimates 2010 net income of $10-20 million vs. $58 million reported to the SEC.
- Deliberate manipulation of SAIC filings.
- Likely diversion of almost $150 million of reported capex.
- Inconsistent trends between inventories and sales.
- Repeated capital raisings, despite assurances to investors that none were needed.
- Capex concerns already noted by Roth Capital resulting in downgrade.
What Is Zhongpin Inc. Hiding From Roth Capital?
In its 2011 second quarter conference call, Zhongpin (HOGS) refused to respond to Roth Capital's questions, posed in an earlier research note, concerning the accuracy of the average capex and land use rights spent for the average slaughtering facility alleging costs are high relative to peers in the industry.
We find HOGS refusal as a blatant disrespect for an Investment Bank, which is attempting to proactively bring clarity to the ChinaHybrid space, as a huge and obvious red flag that leads us to question the legitimacy of HOGS' operation. The reasons that HOGS gave to ignore Roth's request were unacceptable.
Reason 1: HOGS said it had concerns about 'selective disclosure.' We find this mind boggling since this is what analysts do. They ask questions and then disclose their findings. Regardless, we hardly find Roth's questions to justify capex as classified in nature.
Reason 2: Risks to competitive advantage if the information gets out. We believe this is just a ridiculous boiler plate answer. This is the same answer that many fraudulent ChinaHybrids used when they were attempting to explain why they did not report accurate numbers to the SAIC, even as they bragged that being a U.S. listed company gave them increased exposure, and basically belittling the fact that any legitimate competitor could easily access public SEC filings. HOGS, we have a little secret for you. You are not operating in a covert environment where your formidable competitors do not have access to the same information you do.
Reason 3: Professional auditing standards and precision that might or might not be applied by Roth. Talk about getting punched in the face. HOGS, are you really claiming that Roth is unqualified to interpret answers to simple CAPEX and land use rights issues?! You had no problem with them building forecasting models based on information you provided to them. You also had no problem raising money through IBanks, but now that it seems you feel they may not be qualified to fully understand the 'complicated' swine business. Are you telling us that we should take analyst financial estimates with a grain of salt? Please enlighten us on the complexity of the accounting issues regarding land use rights and use of capex. Educate us.
Red Flags Flying Over HOGS
In evaluating HOGS, there are an abundance of red flags indicating the high likelihood of deceptive practices, including:
- As reported to the SEC, over 6 years HOGS' revenue has increased 20 fold (2,000%) to nearly $1 billion in 2010 from $42 million in 2004. During that time, store count has only roughly doubled.
- Zhongpin has often misled investors by repeatedly stating in its filings that it could fund its expansion through access to lines of credit and internally generated cash flows. Ensuing actions to quickly proceed to raise equity capital contradicted these statements.
- Zhongpin's debt/equity capital raises since its reverse merger in 2005 have been excessive - raising $432 million in debt and equity capital so far.
- Substantially all of the capital raised has been poured into capex to expand new facilities, with the result that the company has been able to generate very little if any free cash flow in its history.
- This massive capex expansion has aggressively continued despite consistently low profitability with a net income margin of only 6%.
- Zhongpin has misrepresented its business using the term "stores" to describe simple one man, 6 foot wide meat counters located within open air vegetable markets. Few of the "branded stores" are even free standing buildings.
- Zhongpin has misrepresented its focus on higher income customers. Zhongpin sales counters ("stores") are located within low cost open air vegetable markets which are frequented by low income Chinese. In addition, the majority of these "stores" are located in China's poorest provinces such as Henan, with only a minority located in higher income areas such as Shanghai and Tianjin.
- Zhongpin only recently disclosed its list of store locations on its website, and the list was unusable since it did not contain actual business addresses. Instead, the company used district names or names of entire cities to identify many stores. Moreover, the list was in a format that could not to be printed and was subsequently removed from the website. Visibility is the lifeblood of retail stores, so the reluctance to reveal their locations is highly concerning.
- Zhongpin's claims in a recent press release that it operates at higher standards and efficiencies than its industry peers:
- "Zhongpin's "advanced" processes produce higher yields of carcass meat and all pork products than are typical." (1)
- "Zhongpin's advanced industrial cluster concept usually results in more rapid improvement in capacity utilization for new plants than is typical." (1)
- "Zhongpin's capital investment intensity is intentionally higher than is typical". (1)
- "Zhongpin's gross profit margins are significantly higher than Chinese industry peers".(1)
(1)Source: HOGS press release Dates June 6, 2011
We believe a HOGS price per share of over $5.00 does not take into account the probability of materially overstated net income or the possible diversion of capex. Investors should note that other Chinese small cap companies with similar circumstances have suffered auditor resignations, trading halts and even delisting of their shares.
Given our findings and despite the share price of HOGS hovering near its 52 week low, we have initiated a short position in the company's shares.
Key Findings: Overstated Income, Excessive Capex and Deceptive SAIC Filings
Based on examination of SAIC filings, HOGS overstated net income in its SEC filings by 500% in 2009 and manipulated SAIC filings to ensure they matched SEC filings
The pattern of discrepancies in HOGS' SAIC filings vs. its SEC filings is notably consistent with recent China small cap frauds.In particular, SEC net income was irrefutably overstated by nearly 500% in 2009 vs. SAIC filings and by nearly 200% in 2008. Moreover, when observing the separate 2009 and 2008 SAIC filings for HOGS' Wholly Owned Foreign Enterprise ("WOFE"), it appears the numbers have been manipulated to match SEC filings even though they should not for reasons we discuss in this report. In fact, our estimate of 2010 net income of $10-$20 million is a fraction of the $58 million reported by HOGS in its SEC filings.
High likelihood of almost $150 million in questionable capex based on apparent overpayment for capacity
Effectively most of the $432 million net debt and equity capital raised from 2006 through the first half 2011 has been plowed into capital expenditure on a massive scale, with the result that HOGS has been able to generate very little if any free cash flow in its history. Of much greater concern is the fact that for competitors, additional or incremental slaughter capacity (i.e., capex) costs are around $330 per ton while HOGS claims to be spending around $515 per ton for current initiatives through 2012 which is about 56% higher than the average of its industry peers, and already spent $682 per ton for its initiatives between 2006 and 2010, more than double its industry peers' capex. This led us to surmise that HOGS' slaughter assets are either highly underproductive in generating sales or that HOGS is paying nearly double the price of their industry peers for identical capacity. Even staying on the conservative side, we conclude that HOGS has overpaid for its capex by over $150 million. If not in capex, where did the money go?
Blatantly misleading investors regarding liquidity and capex needs
HOGS has repeatedly disclosed in SEC filings that internally generated cash and access to lines of credit , "will be sufficient to finance our investment in new facilities, operating requirements and anticipated capital expenditures". Despite such assurances, the company has a pattern of raising excessive debt and equity ($432 million since 2005, about half coming from equity) in short order following public assurances that equity capital would not be necessary. (Appendix I)
HOGS' excessive dependence on external financing has led it to become one of the most prolific self-promoters in the China space. The company attends numerous investor conferences promoting its stock and recently announced a stock buyback of up to $10 million. When management was asked on a recent conference call about the purpose of the buybacks their candid response was to "increase confidence in the stock price".
We don't view buy backs representing less than one day's trading volume for HOGS as adequate to boost investor confidence in the stock. In fact, the opposite happened as indicated by the decline in stock price during the days preceding the call.
It's not what they say but what they do!
HOGS raised over $150 million in Q1 2011 alone (over 1/3 of current market cap). The massive fund raisings will likely continue as long as the market allows the company to perpetuate and sell its apparently embellished story. What does HOGS have to say for itself? Investors clearly don't believe it!
Company Sponsored Investors' Day at Production Facilities in May 2011 Falls Flat and Market Responds
On May 30 and 31st, when the share price was $15.25, HOGS held an investors' day providing a tour of its production facilities in Tianjin and Change. In the first three days following the tour, the stock price dropped by over $2.00 to close at $13.19 on Friday, June 3rd, a new low for the year. In response to the share price drop, HOGS issued a press release on Sunday, June 5th to address investor concerns. The company also announced a proposed share buyback of up to $10 million. Since then, the stock has fallen another 35%, and currently trades at $8.6 (as of business close on August 15, 2011)
The issues that HOGS 'self-disclosed' in its June press release (after the investor tour) are as follows:
- "Zhongpin's gross profit margins are usually higher than Chinese industry peers."
- "Zhongpin's advanced processes usually produce higher yields of carcass meat and all pork products than are typical."
- "Zhongpin's advanced industrial cluster concept usually results in more rapid improvement in capacity utilization for new plants than is typical."
- "Zhongpin's capital investment intensity is intentionally higher than is typical."
- "Zhongpin has chosen to focus on high income markets and provide the highest product quality and safety to its customers."
The answers to these questions were also provided by HOGS, and in each case the company was somehow "special" or "unique" compared to its industry peers in this very competitive space. Specifically, HOGS stated that it is focusing on "high income markets" and is catering to customers who require the "highest quality and highest value products". These claims are clearly contradicted by the location of HOGS' stores that are typically in lower priced, open air vegetable markets frequented by lower income Chinese in the poorest provinces.
Investor Conference Call - The More Investors Learn, the Less They Like (i.e., Believe) the Story
On July 19th, when HOGS was trading at $10.25, management held a conference call to address 'share price volatility' following a negative report on the company written by China Economic Review. The report questioned, among other things, the existence of HOGS' retail stores. Management's presentation during the call included the posting of a list of over 1,300 retail stores.
Upon examination of the list, investors came to realize that it was in Chinese only and that actual store addresses were not provided. Instead, in many cases investors were given names of entire towns or districts. The share price fell by more than 20% to as low as $8.18 during the two days following the call. That price represented a new low for the year, down by 47% since the investor tour was conducted in May.
Of concern is that the list of retail stores was posted on the HOGS website in a format that could not be printed or saved, and even more concerning is that the list has since been removed from the company's website. Now, we cannot find the list of HOGS' retail stores on its website.
SAIC Filing Patterns Consistent With Confirmed China Small Cap Frauds
In evaluating HOGS' SAIC filings, we took a comprehensive approach, evaluating the SAIC financial statements of both the individual subsidiaries and the parent company or "WOFE".
Consolidated SAIC filings of operating subsidiaries do not match SEC filings
In 2008 and 2009 HOGS had 13 and 14 operating subsidiaries, respectively. Two more subsidiaries were added in 2010 and therefore are not relevant to 2009 and 2008 SAIC documents. We obtained 2008 and 2009 SAIC filings for most of the subsidiaries that were operating in those years and several, including the largest (39% of 2009 revenues) subsidiary, were audited. Specifically, we obtained SAIC data for 11 of 14 of Zhongpin's 2009 subsidiaries and 11 of 13 of the company's 2008 subsidiaries (Appendix IV).
We consolidated the financial data filed by the operating subsidiaries with local Chinese authorities and compared it with what was filed with the SEC and the differences are striking. SAIC vs. SEC revenues were in line with SEC documents which dramatically increases the legitimacy of the SAIC filings. However, net income reveals a completely different story. We are willing to attribute some of the revenue discrepancies to differences in Chinese and US GAAP but we believe the net income discrepancies are just too great to be explained away. The cumulative net incomes reported for 2008 and 2009 by the majority of HOGS subsidiaries in their SAIC filings are a fraction of what was reported to the SEC.
Of particular note is that the differences are not only massive but increasing. We can't think of any plausible explanation for the disparities between the filings other than the SEC filings are apparently inflated:
Table 1.1 - 2008 Revenue, Net Income & EPS - SAIC vs. SEC
2008 (11 of 13 subs)
Percent Difference*
$ 539.8 m
$ 421.2 m
Net Income
$ 31.4 m
$ 10.6 m
*SAIC numbers used as the base values.
Table 1.2 - 2009 Revenue, Net Income & EPS - SAIC vs. SEC
2009 (11 of 14 subs)
Percent Difference*
$ 726.0 m
$ 574.4 m
Net Income
$ 45.6 m
$ 7.6 m
*SAIC numbers used as the base values.
Notice that from 2008 to 2009, EPS reported in SAIC filings actually fell from $0.36 to $0.24, a 31% decrease. During the same period HOGS reported a 39% EPS increase to the SEC.
We need to stress that the subsidiaries for which we do not have SAIC files would not materially impact the results of our findings. Given that SEC revenues are only about 25% more than SAIC revenues it does not seem plausible using HOGS' margins that the revenues from the 2 or 3 subsidiaries we did not obtain would come close to bridging the significant income gap. In fact, assuming the missing subsidiaries could bridge the revenue differences, those entities would have to earn after tax margins of around 18% in 2008 and 25% in 2009 to ensure that overall SEC and SAIC net incomes match. We don't believe even HOGS management could paint such a scenario. For more supportive evidence on why these subs should not influence our findings, please see Appendix IV.
Based on the analysis above, we conclude that 2009 net income was less than $8 million, in contrast to the $46 million reported to the SEC. For 2010, HOGS reported net income of $58 million; however, we estimate HOGS 2010 net income as being no greater than $10-20 million. We believe that the HOGS story confirms a wildly held belief by ChinaHybrid skeptics that many U.S. listed Chinese firms grossly inflate SEC margins. The HOGS case parallels that of delisted company Fuqi Intl, a real company that embellished its story and fabricated margins.
Apparent manipulation of parent company's or WOFE's SAIC filings to ensure they match SEC filings
ChinaHybrid management teams are by now well aware that investors are examining their SAIC filings. US analysts and investors are no longer willing to take SEC filings and audit reports at face value. They now look for corroborating evidence to validate SEC filings that is provided by filings Chinese companies are required to make with local government agencies, especially SAIC filings which are easy for US investors to access.
In response to this, the managements of some Chinese companies are taking measures to avoid the issues raised by mismatched filings by not only ensuring new filings are consistent with SEC filings (i.e., by forcing filings to match) but by also amending previously filed reports. We are not yet sure how they are doing this or who is aiding in this deceptive practice, but we intend to investigate further.
What is particularly noteworthy with HOGS' SAIC filings is that while the consolidated net incomes of the company's operating subsidiaries do not come close to matching the SEC filings, the financial statements of the WOFE do in fact match what was filed with the SEC. So, it seems the consolidated net income reported by the WOFE is dramatically greater than the sum of its operating subsidiaries.
That is simply not possible and makes little accounting sense since consolidation would result in less cumulative net income, not more. That's because related party balances are eliminated in consolidation which reduces consolidated net income.
Furthermore, the WOFE, as clearly stated in SEC filings, has no meaningful operations. It basically exists to aid in capital raising goals and receives cash flows, such as potential dividends, from its subsidiaries. In the end, it would be much more convenient to amend/compromise one filing (the parent/WOFE) than to coordinate the amendment of many (11 or 12 in HOGS' case) subsidiaries. HOGS; where are the true financial statements of your WOFE?
Given this odd set of circumstances we can only conclude that HOGS' management amended the filings of its WOFE apparently for no other purpose but to ensure the financial statements reported to the SAIC are consistent with what was filed with the SEC.
We have seen cases where the parent company (WOFE) filed its own financial statements with the SAIC along with separate consolidated financial statements including its subsidiaries but have not seen another case like HOGS where the parent company filed only consolidated financial statements.
There are other apparent issues associated with the SAIC filings of HOGS' WOFE that go beyond the suspicious matching of the financial data in those filings with the data reported to the SEC. First, annual inspections are performed by various PRC government agencies (SAIC, SAT, SAFE, Customs and others). Those agencies require the financial statements of the WOFE to complete their inspections.
The WOFE is therefore required to file its own audited financial statements with the SAIC. In the case of HOGS, its WOFE submitted only consolidated financial statements and not its own making it impossible for the agencies to complete their inspections. Second, as we stated, HOGS' SEC documents clearly state that the WOFE only exists to receive cash flows, such as potential dividends, from its subsidiaries so it has no meaningful operations.
Thus, the WOFE's true financial statements (which should not be consolidated) should not reflect meaningful revenues or net income (Appendix II). So it seems HOGS can't please both the PRC government agencies and US investors seeking to validate SEC filings so they chose to please the investors.
Based on our findings concerning the SAIC filings of HOGS' WOFE, we can only conclude that the 2008 and 2009 filings were revised to match the company's SEC filings and deceive US investors who would take comfort in knowing the SAIC and SEC filings reflect the same financial data. The trap management finds itself in is that they only amended the WOFE and not its subsidiaries. We understand the practicality of forcing the WOFE SAIC filing to match the SEC filing but when the SAIC filings of the subsidiaries are also examined, as we did, the ploy becomes transparent.
Diverting Funds Via Phantom Capex - If Not Capex, Where Did the Money Go?
Between 2006 and 2010, HOGS invested capex of approximately $405 million to increase capacity by 594,000 tons.
Table 2 - Zhongpin Capex Spent from 2006 to 2010
HOGS Capex ($US millions)
Note: so far in 2011 HOGS has spent $80.9 million bringing the total capex spent between 2006 and the first half of 2011 to $457 million.
We estimate HOGS spent an average of $682 per ton ($405mm divided by 594,000 tons) for its facilities which is three times our estimate for industry peer People's Food's most recent facilities expansion in 2006. According to a recent Jefferies research report, other peers China Yurun and Shuanghui spent around $330 per ton of new capacity in 2008/2009 - about $185 per ton less than HOGS plans to spend on new facilities through 2012.
Even allowing for wage and materials costs inflation in recent years, the difference between HOGS costs and its industry peers are just too great to ignore.If our assumptions are correct, we have to ask: Where did the 'extra' money that was supposedly spent on capex go?
Following is a list of capex per ton reported by HOGS and its industry peers in recent years:
Table 3 - Capex per Ton - HOGS vs. Peers
Company - Year
Capex per Ton
People's Food - 2005 (Source: 2005 People's Food Annual Report)*
China Yurun - 2008/2009 (Source: Dec. 2010 Jefferies Report, pg. 8)**
Shuanghui - 2008/2009 (Source: Dec. 2010 Jefferies Report, pg. 8)**
HOGS 2006 - 2010 (Source: HOGS Annual Reports)
HOGS 2011 - 2012 Est.
$515 (based on Table 4 Total)
*We only used 2005 data since it was the highest capex per ton instance for People's Food from 2002 to 2010, offering us the most aggressive number. Consequently, this was also the year of the most recent substantial capex project for Peoples Foods over this period.
**Dec. 2010 Jefferies Report on Yurun Food; Exchange rate of 7.8 used.
Table 4 - Zhongpin Planned Capacity Increases - 2011/2012 cost per ton**
Incremental Capacity (000s Tons)
Capex per Ton
Taizhou, Jiangsu Province
Changchun, Jilin Province
Changge, Henan Province
**Source: June 30, 2011 Annual Report
We believe it is reasonable to assume that no more than 20% of the difference between HOGS' capex spending and that of its peers can be attributed to technological or geographic differences and wage and materials costs inflation. The rest of the differences are not easily explained.
Repeatedly Misleading Investors Regarding Liquidity Requirements
Zhongpin has repeatedly chosen to raise equity capital in the periods immediately following statements strongly indicating that it had sufficient cash on hand and access to lines of credit to fund operations into the foreseeable future. This is a top 3 Red Flag that we use to identify suspect companies. No additional equity capital was required as per statements in 10K 2005, Q3 2007, Q3 2009, Q3 2010 and 10K 2010 filings, after which they either filed a shelf and/or raised money shortly thereafter:
- Q1 2006 - $23.1 million in preferred stock
- Q4 2007 - $46.4 raised via private placement
- Q4 2009 - $57 million equity capital raised
- Q4 2010 - Filed for a shelf for $250 million
- Q1 2011 - $66 million equity capital raised
Zhongpin's most recent misrepresentation of capital requirements occurred in late 2010.
- November 9, 2010- HOGS discloses in its 10-Q for the period ended September 30, 2010 that existing funds "will be sufficient to finance our investment in new facilities, operating requirements and anticipated capital expenditures of approximately $105.8 million over the next 12 months."
- December 11, 2010 - Within 1 month, HOGS filed a $250 million shelf filing (over 1/3 of market cap at the time), and disclosed that Selling Stockholders may sell as many as 9.5 million shares. (Nearly 25% of the total shares currently outstanding).
- March 7, 2011 - On page 10 of its 10-K, HOGS disclosed that it intended to invest over $180 million in upcoming capex projects, roughly 80% more than disclosed in previous November 9, 2010 10-Q for the period ended September 30, 2010.
- March 21, 2011 - HOGS announces closing a $70.5 million equity offering at $14.10 per share, and that $84 million was raised separately via a debt financing for a total of $155 million in Q1 2011 alone.
Table 5 - Zhongpin Capital Raising Activity - 2006 to 2011
Raise Type
Equity (net long term debt, millions $)
Debt (net long term debt, millions $)
Source: Zhongpin 10-K's, 2006 through 2011
*Making this number eye-opening is the $457 million that has been spent on capex through first half of 2011.
Appendix I shows a series of SEC disclosures spanning several years, HOGS explicitly notes that it will not need to raise additional equity capital. It then proceeded to do just that shortly thereafter. The information in the appendix reveals that HOGS was very clear in its filings to supposedly differentiate between when it needed or did not need to raise equity capital. This shows that HOGS' SEC filing statements were not boiler plate in nature and management knew exactly what it was saying.
Additionally, in order to sustain a multiyear financing binge, HOGS has devoted extensive efforts to promote its stock. Zhongpin has become one of the more prolific presenters at international investor conferences and has issued press releases indicating impending stock buybacks by management and the company.
Over the past 12 months, HOGS has presented at or attended the following events to promote its stock price:
- September 13, 2010 - Rodman & Renshaw Conference, New York, NY
- May 16 & 17, 2011 - Morgan Stanley Investor Summit, Hong Kong
- May 23 - 26, 2011 - 2nd Annual Deutsche Bank Access Conference, Singapore
- May 30 & 31, 2011 - Facility Tours
- May 31 to June 1, 2011 - 2nd Annual World Meat Exhibition, Beijing, China
- June 1, 2011 - J.P. Morgan China Conference, Beijing, China
- June 28 - 29, 2011 - 11th Annual Oppenheimer Consumer Conference, Boston, MA
- July 29, 2011 - Facility Tours
Finally, despite its seemingly urgent need for more capital, HOGS made the contradictory announcement on June 6, 2011 that it would be buying back up to $10 million in stock.
Unrealistically Low Inventories Implies Inflated Sales
Hogs inventory as a percent of sales has declined from 7% in 2006 to 2.8% in 2010. We believe this is strange since the business has not changed substantially. It would therefore seem logical that the inventory as a percent of sales would not change by so much unless the business has changed, which it has not.
A change from 7% of sales to 2.8% of sales is very significant, and is a red flag because it is not likely they would be able to operate on such a smaller amount of inventory in relation to sales. It is noteworthy that accounts receivable also declined as a percent of sales over time. It seems plausible that hogs was reporting its true inventory, but using inflated sales in 2010 to support the capex spending they have reported. This would account for the decline in both inventory and accounts receivable as a percent of sales.
While it is possible there is another explanation, we believe inflated sales makes the most sense in this situation. It's also curious that HOGS inventories declined in some years where sales were supposedly expanding rapidly.
Table 6 - Zhongpin Sales vs. Inventory (in millions)
Inventory as % of sales
Suspicious Loan Guarantee
See Appendix III for the suspicious loan guarantee HOGS made in 2010 as well as questions and concerns regarding this arrangement.
Rounding up the Usual Suspects: Auditors, Promoters and Management
See Appendix V for what we feel are other flags indicative of susceptible circumstances surrounding a company such as Zhongpin.
We view the HOGS case as a new and potentially more sophisticated form of deceptive practices than we have previously witnessed in the China small cap space. We have already exposed the more blatant and easy to identify frauds committed by PUDA, YUII and others.
We are not calling into question the viability of HOGS as a real company, but rather the company's claim to be as large and profitable as portrayed. We believe it is not. Consider, for example, that the company's 2009 SAIC and SEC documents do not match.SEC net income in 2009 was nearly 500% greater than SAIC net income. And, adding further to our concerns is that we estimate 2010 net income at no more than $10-$20 million vs. $58 million reported by HOGS to the SEC, so there are clearly issues with the company's numbers.
We believe that HOGS may have also taken the additional step to amend the SAIC filings of its parent company or WOFE. The company's SAIC filings are in line with corresponding SEC filings. This ploy, however, is readily noticed since the WOFE, by definition, should not recognize the consolidated revenue and net income of its subsidiaries. Further, management did not take the time and effort to also amend the SAIC filings of the subsidiary companies leaving the parent/WOFE exposed like the prince with no clothes.
Furthermore, in the SAIC file of the WOFE, financial statements exist for only after 2008 but the WOFE was established in 2005. We find it very odd that we could not locate 2005-2007 financial statements in the SAIC filing even though they should be included.
There is also the issue of HOGS' capex which far exceeds the costs per ton of its industry peers. HOGS claimed capex for capacity expansion of around $515 per ton for its 2011/2012 initiatives and about $682 per ton for the period from 2006 to 2010, the latter being more than double the capex costs reported by its industry peers. In fact, Roth Capital recently dropped its rating on HOGS based on capex concerns. We note that HOGS management apparently got the capex memo as the cost per ton for capacity expansion initiatives announced in its Q II earnings release are significantly less than previous expansions. The company's August 8th press release details three capacity expansion initiatives that will cost an aggregate of $183 million and add 325,000 tons capacity. That's an average cost of around $563 per ton, still well above the costs per ton reported by other major pork processors.
Finally, there is the issue of HOGS' inventory levels vs. its sales. In 2007, HOGS generated $291 million revenues and ended the year with $26 million inventory. In 2010, the company recorded revenues of $947 million and, once again, ended the year with only $26.5 million inventory. How is it possible to generate more than three times the volume of sales with the same inventory levels?
Based on our findings, we can reach no other conclusion than HOGS has consistently embellished its story since becoming a public company and that its financial results have been exaggerated to a material extent. We are therefore short this stock.
Our high end 2010 net income estimate of $20 million based on SAIC filings equates to EPS of $0.56. Applying a P/E of 5 or generous P/E of 10 on this EPS estimate yields a price target of $2.80 to $5.60.
Disclosure: I am short HOGS. Risks do exist when shorting companies where revenues between PRC and SEC filings are in line, but diverge on the net income line. Such companies still may possess some "perceived" value as a going private candidate (to institutional firms who may be oblivious to the fraud case), especially if the net income difference is related to tax avoidance schemes. Still, in the current environment, companies that may have manipulated SEC documents have left themselves open to significant risk. We will have more on the "going private games" and why we think PE firms may be making some risky bets that might not pan out. See our Terms of Service here.


text:
Trial of Kenya deputy president to start in Hague
THE HAGUE, Netherlands — The International Criminal Court has rejected a request by Kenya's deputy president to hold the start of his crimes against humanity trial in Kenya or Tanzania.
Deputy President William Ruto is charged together with journalist Joshua Arap Sang with the murder, forcible deportation and persecution of supporters of political opponents after their country's disputed 2007 presidential election. Both men insist they are innocent and are due to go on trial in The Hague from Sept. 10.
|The article you requested is no longer available on BostonHerald.com.
- More On:
- William Ruto
- Kenya


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Homelessness Assistance and Continuum of Care
The Lowell Continuum of Care (CoC) is an umbrella organization whose members provide services to the homeless, with a goal of ultimately eliminating homelessness with assistance from the Department of Housing and Urban Development (HUD).
Nonprofit organizations in Lowell that are members of the CoC are working to provide services to help increase the self-sufficiency of homeless persons and those with issues of mental illness, substance abuse, domestic violence and disabilities that are at-risk of homelessness. The CoC continues to implement a Homeless Management Information System (HMIS), which has been installed at five homeless provider locations. Data is collected annually to create a Housing Gaps Analysis Chart that is used by the community to determine the unmet need for emergency shelters, transitional housing programs and permanent housing sites for homeless persons. Lowell's CoC is funded through HUD's McKinney-Vento Homeless Assistance Act programs.
Download the City of Lowell Partnership for Change: Action Plan to End Homelessness to learn more about the City's commitment, along with many dedicated partners, to end homelessness in our community.


text:
Crazy Crunch
Janie Finney
This recipe was shared with me by my step- mother who was a great cook! I try to keep everyone's hands out of it until Christmas but it's very hard to do!
Featured Pinch Tips Video
Be the First
Makes about 10 cups
1 Hr
15 Min
Stove Top
- 2 qt
- popped plain popcorn
- 1 1/2 c
- pecans, halved or chopped slightly
- 2/3 c
- almonds, sliced
- 1 1/2 c
- sugar
- 1/2 c
- corn syrup, light
- 1 c
- butter or margarine
- 1 tsp
- vanilla extract
Directions Step-By-Step
2Mix sugar, corn syrup and butter is a heavy pan and cook over medium heat stirring constantly for 10-15 minutes until mixture is a light Carmel color. (Approximately 260 degrees F. on a candy thermometer.)
Remove from heat and mix in vanilla extract. Stir well.
3Drizzle hot mixture over the popped corn and nut mixture. Stir all ingredients to insure that popped corn is coated with Carmel and all the nuts are stuck to the mixture.
About this Recipe
Course/Dish: Candies
Main Ingredient: Sugar
Regional Style: American
Hashtags: #Popped corn candy, #Caramel covered popcorn


text: The cost of installing solar energy systems of every type has seen double digit decreases in cost since 2008. This reduction is astonishing because it means that solar becomes competitive with coal (which we've already seen) and that arguments against using solar get less powerful every year. There's also a compounding effect too. . . . → Read More: Things Are Good: Clean, Renewable Energy Continues Amazing Drop in Costs


text:
Carlos Peguero drove in four runs in the double-digit frame, the final three via the longball and the first with an RBI single, as West Tenn bested visiting Mississippi, 12-2.
Carlos Triunfel started the fifth with a line-drive single to right field off Erik Cordier (4-4). Dustin Ackley, MLB.com's No. 15 prospect, drew a walk and Peguero lined a single to right to plate Triunfel.
Alex Liddi singled to left to load the bases and Johan Limonta plated two with a ground ball to center to end Cordier's afternoon.
Reliever Thomas Palica hit the first batter he faced, Jose Yepez, threw a wild pitch to score Liddi and walked Scott Savastano and Leury Bonilla before exiting the game.
Brandon Haveman greeted Michael Broadway with an RBI single to right and Triunfel walked before Ackley grounded into a forceout -- the first out of the inning.
Peguero followed with his three-run shot to right. It was his 14th longball of the year, good for second in the Southern League to newly called-up Marlins prospect Mike Stanton of Jacksonville.
Liddi, who plated West Tenn's other run with an RBI single in the third, grounded out to second and Limonta flew out to left to end the frame.
Mauricio Robles (5-2) proved the beneficiary of the run production after allowing two runs on five hits over 5 1/3 innings for the Dianond Jaxx (32-23). He struck out five and walked three.
The victory evened up the season series between the squads, 6-6.
Today on MiLB.com
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- Toolshed: New CBA, Winter Meetings trades
- Reds tab Garrett as top Minor League pitcher
- Orioles claim slugger Walker off waivers


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text:
Barack Obama, our next President
There are 1458027 comments on the Hampton Roads Daily Press story from Nov 5, 2008, titled Barack Obama, our next President. In it, Hampton Roads Daily Press reports that:"The road ahead will be long. Our climb will be steep," Obama cautioned. Young and charismatic but with little experience on the national level, Obama smashed through racial barriers and easily defeated ...
Join the discussion below, or Read more at Hampton Roads Daily Press.
#1005529 Oct 16, 2013
The Obama administration chooses to 'recalibrate' aid rather than help Egypt's interim government fight terrorism.
#1005530 Oct 16, 2013
Changes to Army's dress code could bar soldiers from getting visible tattoos. An old tradition dies
#1005531 Oct 16, 2013
Son, the Senate worked it out.
The House refused to and instead, let Boehner give up.
I don't think it's a clean. But it's certainly better than anything the House offered.. and they worked with NO ONE!
"Peace on Earth"
Since: Sep 08
Location hidden
#1005532 Oct 16, 2013
Her party looks like the party of fools. In customary fashion, she is trying to deflect from the truth. Which is.....Republicans got trounced.
"He's the one who got us into this. He had no strategy. And it caused us to waste 16 days and get ourselves killed in the polls," Rep. Peter King, R-N.Y., said of Cruz. "All for a guy who was fraudulent from the start."
With a heavy dose of gallows humor, Sen. Lindsey Graham, R-S.C., said Republicans' poll "numbers have gone down, Obamacare's somehow mysteriously have gone up. And other than that, this has been great."
"What did I say three weeks ago, what did I say a month ago, it was a fool's errand," said Sen. John McCain, R-Ariz., waving a copy of the latest poll for reporters clustered in the Senate basement earlier this week. "I knew that it was going to be a disaster and it is a disaster."
Sen. Susan Collins, R-Maine, a fierce opponent of the health care law, called the effort to unravel the law a "fantasy."
Since: Sep 10
Location hidden
#1005533 Oct 16, 2013
We're pro business. Obamacare is good for American people and the medical and healthcare industries.
A winner for all!!
Have you invested in Healthcare Companies?? Or is little Emammy still afraid of the capitalist stock market??
Smart capitalists all over America have.
Comunists like you obviously haven't.
#1005534 Oct 16, 2013
so what would be your reasoning as too why they would want to change? it's not like they're part of the surrender caucus.
Since: Feb 08
#1005535 Oct 16, 2013
"real dumb"
Who was president when 50,000+ American's were sent to their deaths in Nam? Was it lbj? A democrat? Tell me that ain't true.
"real dumb" you also are a liar. We all knew that but you continue to prove it with your every post. No one put their name in for the draft, all males were draft eligible. Many got deferments, health reasons, the fact they were going to school, they were married, needed on the family farm. All you had to do was volunteer for the draft and you would have been in the Army, but a coward like you ran off to Canada.
One more time, no one put their name in for the draft, some volunteered for the draft, but, no one put their name in.
#1005536 Oct 16, 2013
Cruzs Preposterous Spin
Ted Cruzs press conference today was as desperate an exercise in spin as I have seen in many years:VIDEO
One of the stranger aspects of Cruzs rhetoric throughout the last few weeks has been his insistence that Washington must listen to the American people, when it could not have been clearer that those advocating the shutdown/defunding strategy were doing their best to ignore what the public had to say. Indeed, for some of Cruzs defenders the fact that his effort was extremely unpopular meant that it was noble rather than indefensibly foolish. He followed this up today with the bizarre claim that the American people over the last few months have risen up in overwhelming numbers, which is true only in the sense that an overwhelming majority of the people disapproves of what Cruz and his allies have been doing.
Cruz briefly allowed himself to acknowledge reality when he admitted that there is nothing to be gained by holding up the Senate deal. Then again, there was never anything to be gained by the pointless showdown that Cruz urged his party to embrace, which didnt stop Cruz from deceiving his colleagues and his supporters by claiming that something could be gained. It is only now that the farce has come to an end that Cruz is willing to accept that continuing that showdown is futile, but there was never a time when it was not. Barro sums up what has changed:
Nothing has changed today to make delay and destruction any more futile than it was yesterday, back when Cruz was in favor of delay and destruction.
The only thing that has changed, I think, is that Ted Cruz has more to lose than to gain by continuing to wreak havoc.
So Cruz is capable of recognizing when he has reached a dead end, but he is indifferent to the damage done to anyone but himself. Anyone who wants to follow a leader like that should be prepared to be ill-treated and misled from start to finish.
Since: Sep 10
Location hidden
#1005537 Oct 16, 2013
<this communist propaganda message approved by Vladie boy Putin>
"Peace on Earth"
Since: Sep 08
Location hidden
#1005538 Oct 16, 2013
Too late, you can't pass the blame. Dems have been "negotiating" for weeks. The Republican House finally came to their senses and stopped trying to defund Obamacare. LOSER.
Since: Sep 10
Location hidden
#1005539 Oct 16, 2013
CommieCruz loses and his nitwit supporters change the subject to a President who left office 13 years ago!!
Cruz on, fool!!
#1005540 Oct 16, 2013
Poor Jay Carney he tries so hard. His talking points today tried to make Obama look Presidential and above partisan pettiness.
Than his narcissistic client ruins all his hard work within one minute of talking.
#1005541 Oct 16, 2013
Oh, no doubt the cons in the House got their rear ends kicked royal!
Now the part about taking names comes next!
This will come back to haunt many of those people in 2014.
As for Boehner, he's been effectively neutered by the likes of Cruz and his cronies.
Funny how the earlier picture of Paul Ryan and his band of merrier idiots sitting by themselves waiting for others to come to their 'party' is so appropos!
Since: May 13
Location hidden
#1005542 Oct 16, 2013
Let's see, Dems still have Obamacare, the government's open and we're paying our debts.
What exactly did Dems "negotiate" other then specify what they "demanded"?
Since: Sep 10
Location hidden
#1005543 Oct 16, 2013
"Islam is the second-largest religion in the Republic of India"
If you count Pakistan, which was part of India until recently, Islam would be the largest religion in India by far.
Try getting your facts straight for once.
"Peace on Earth"
Since: Sep 08
Location hidden
#1005544 Oct 16, 2013
She's trying to rewrite the story so she can sleep at night. It's fun to watch her squirm.
#1005545 Oct 16, 2013
As a mother with a daughter graduating from U of FL next spring; I would urge you to be supportive of your daughters while they are studying. I pay my daughters car insurance, health insurance and cell phone. She works for her spending money and pays her own rent.
It's very stressful being a student, help them as much as you can so that they don't fail because they're too tired from working to study. Support your children until they are ready to launch.
Since: Sep 10
Location hidden
#1005546 Oct 16, 2013
<this communist propaganda message approved by Vladie boy Putin>
Since: Sep 10
Location hidden
#1005547 Oct 16, 2013
<this communist propaganda message approved by Vladie boy Putin>
Since: Sep 10
Location hidden
#1005548 Oct 16, 2013
<this communist propaganda message approved by Vladie boy Putin>
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text:
About Us
At the Flower Studio in North Attleboro, we truly have a passion for flowers. With more than 40 years of experience in floral design, our team has the talent and training to create a wide range of arrangements, from the simple and elegant to the elaborate and ornate.
Additionally, we offer an assortment of gifts including antiques, candles, and teddy bears to help you show your loved ones you care.


text:
Sterling Silver Small Tibetan Mirror Pendant
$ 145.00
In the Tibetan Book of the Dead, Yama, the Lord of Death, holds up a mirror of karma in which all one's deeds are reflected. The mirror of Karma represents the clarity of seeing all of one's actions in the nakedness of pure humility. This small recycled sterling silver Tibetan mirror measures approximately 5/8" in diameter. The mirror hangs on 16" or 18" sterling silver chain with a hook-and-eye closure. All diamonds are conflict free.


text:
After a year, I really wanted to change the front door and make it my own. We've just finished painting it 'Manor House Grey' from Farrow & Ball - my obssession with grey knows no bounds!
The number sticker above the door is from Brume - it was surprisingly easy to put in place and hides the ugly electricity box just behind the window!
|Coat hooks, Not On The High Street
|£18.95, Not On The High Street
Our aim is to have a collage of pictures all the way up in different frames with different media. It's definitely an organic process...!
Our Inspiration via Abigail Ahern's book 'A Girl's Guide To Decorating':
Our attempt:
Frames have been mixed and matched from Next, Oxfam, Debenhams and Target.
|Framed butterflies, £40, I Love Retro
|Unframed print, £20 (was £40), Dandy Star
|My magazines stacks will one day take over...
The table is part of a set of 3 from Matalan - surprisingly good homewares