New York State Attorney General Investigating WeWork
reuters.com
reuters.com
In the meantime, your CEO walks away with over a billion dollars in his pocket on a handshake deal to basically shut up and leave.
I would be furious if I was an employee that dedicated time and energy to this company.
And those employees probably have justification for a civil case, which doesn't require the SEC to be involved.
Even if you have a chance to get your walkaway money, it's just a job. They pay you for your skills and your talent, not your personal life. Be involved, be professional, care, but do not get personally attached.
What you bring from a job is learning experience and new friendships, but the job itself should be viewed as a pretty ephemeral concept. Never fall for the "we are a family" line - it's incredibly hard to be fired from a "family".
Some employees were indeed able to sell shares twice along the way, just like Neumann was. The most recent sale opportunity, in January 2019, offered employees $54 per share if they sold their equity to SoftBank, WeWork’s largest outside shareholder, according to WeWork’s financial prospectus, at an overall valuation of around $23 billion.
Not everyone was eligible to sell, nor did everyone take that opportunity. Those who did are, with the benefit of hindsight, thankful.
https://www.vox.com/recode/2019/9/30/20887656/juul-wework-em...
Plus i m not sure how sympathetic judges are going to be for employees' anger that they didn't become overnight millionaires
It's still valued at billions of dollars. The absolute valuation is irrelevant. As another article I read said, building an $8 billion company out of $10 billion of investment is not an especially great achievement. In particular, it is not similar to building an $8 billion company out of $10 million of investment.
Surely there will be some serious real-estate developments to come from this to the massive profit of those who have access to that knowledge...
(Are they the martin skreli of real-estate?)
Im not saying they DO have such insight, but if they have zero, or negative insight - well, then it goes more to say about those who invested in them doesnt it?
And I think that is important. That kind of scrutiny puts a check on rampant misbehavior by investors or entrepreneurs.
I don't think that many people think that the Saudi Sovereign Wealth Fund losing money (SoftBank's largest LP) is harming any American citizens. The only thing I can think of is that some of WeWork's investor LP's might be public pension funds, but even then, the individuals who are responsible for deploying that capital (LP representatives) should be held accountable then.
As for job security, as long as any contractual severance package is honoured, there's also no grounds for a suit.
The way the system works is not in favour of an employee, and it ain't gonna be changing any time soon unfortunately. This is why working for yourself is the best option, and only use employers as a stepping stone towards that.
See https://mtlynch.io/why-i-quit-google/ - it's not different in Google or Facebook, and certainly going to be the same in WeWork.
Why not? Returns in any company are not a guarantee. Yet, you are allowed to sue as a shareholder. Owning shares in a company when it is private does come with less privileges, but certainly does not prevent a shareholder from suing the company.
"Hey Chief, I know the band of robbers hit 30 houses last night, but they were all Chinese people here on visas; no American citizens were harmed, so we shouldn't investigate."
Fortunately, that's not how the American legal system works. And if it worked that way, it would harm the US tremendously. Generally, investors are more ready to invest in places where there is a rule of law and functioning judicial system. Sure, the American justice system is not perfect, but it is better than many places. Foreign investors can confidently put their money into American companies, including through VC funds, and know there are some protections. If those protections only applied to American citizens or US public pension funds, we would face a large reduction in investment of foreign capital in the US.
<Chinese people on visas in the US> != <Foreign fund with no physical presence in the country>
Big difference, I'm not sure how that's relevant.
> and know there are some protections.
To my knowledge, the only protection the SEC provides for private investment is when the seller provides deliberately fabricated documents.[0] To my knowledge, this has not happened with WeWork - everything was pretty much out in the open.
> We would face a large reduction in investment of foreign capital in the US.
This isn't just any foreign capital, but a sovereign wealth fund, which had a foreign GP (SoftBank) that poorly executed its due diligence. The US doesn't need this type of capital - it's not the norm. In fact, it's probably better that the US doesn't promote investors who act recklessly and potentially mislead non-accredited US persons who have a stake in a private business (e.g. WeWork employees).
[0] - https://www.bloomberg.com/opinion/articles/2018-05-17/securi...
Taking this approach is a great way to corrode society, to make sure that politics and enforcement of the law are power games centered about punishing the regime's political enemies, without any regard to justice whatsoever. It is the dark ooze of pure corruption, and you are advocating for it.
If you want an honest ban of Saudi investment money, here is what you do: you bring it to Congress, and get them to pass a law that makes the investment illegal. Then, until the moment that the last of their money is returned to them, you give them fair and equal treatment under the law and the same access to justice you would give your best friends. The alternative is monstrous.
I don't think that's what anonu was saying:
> Adam Neuman should go to jail. The self-dealing was well publicized - certainly - and illegal
https://en.wikipedia.org/wiki/Dodge_v._Ford_Motor_Co.
If management is making decisions to enrich themselves first before the shareholders then they could run afoul if regulators.
Adam was likely not a target of this so long as valuation went up. Now that it’s fallen his shareholders are arguably potentially hurt by his actions and regulators can swoop in.
There are no overt acts, I agree, but that also means a good DA can convince a judge that certain actions of his were primarily for self interest. The fact that he walked away with 1Bn dollar when other shareholders lost money does not look good.
It is hard to argue that your actions were not primarily for self enrichment when you walk away with a ton of money and everyone else at the table loses. In a way his lawyers would have an uphill battle convincing the judge that his actions were primarily to further the enterprise and that through a series of unfortunate events he is the only one who ended up with a lot of money.
https://en.m.wikipedia.org/wiki/Fiduciary
A fiduciary is a person who holds a legal or
ethical relationship of trust with one or more
other parties (person or group of persons).
Typically, a fiduciary prudently takes care of
money or other assets for another person.
And I would argue that it doesn't matter if SoftBank was the only investor and/or they weren't "harmed" in the situation.Cases I'm aware of violating fiduciary duty, however, have all involved actions the board wasn't aware of.
WeWork seems fairly unique in that Adam Neumann's actions all seem to have been highly transparent.
I'm certainly not a lawyer, so I'm actually quite curious about the ramifications of fiduciary responsibility here. That responsibility is to the other investors... but if they are equally assenting, then I don't see how there's a crime here. On the other hand, if this is, say, Adam Neumann with SoftBank harming other dissenting investors who have small minority stakes, then there's quite possibly a case here -- that might include SoftBank as well for some kind of negligence, no?
Given the scale of recklessness and insanity here, I’m sure there are all sorts of problems with the firm.
See Delaware General Corporate Law § 144: https://codes.findlaw.com/de/title-8-corporations/de-code-se...
I'm Korean and the law system is very different from America, but I think he will be likely accused of embezzlement rather than fraud if he were Korean
A crime committed publicly is still a crime tho.
> His board knew what he was doing with the leasing his own spaces, his board knew about all these things.
For all we know the board could be accessory to the crimes. The board could have gone along with it if they were directly or indirectly getting something they wanted.
According to the article, Adam Neumann indulging in self-dealing to enrich himself is "among the issues". We don't know the full scope of the investigation.
Nothing we know of was. I wouldn’t assume we know the whole picture.
There is also at least a case to be made that the Board derelicted its duty to minority shareholders and so, though probably not criminally liable, needs to at least e.g. not sign off on nine-figure consulting fees to Adam.
If he and the board conspired to deceive investors, then it's probably criminal fraud. That's just one potential reason why the AG would be looking into WeWork.
I think that it's entirely possible one can do things which may turn out to be criminal in the eyes of the regulator even while the board may approve. Or be dazzled by the person who held most of the cards, perhaps.
Watch Succession instead. Its way stronger and has what I liked about Billions Season 1 while also being better
Even if there were no legal basis for the investigation it would likely still happen because it is such a massive political win that even if the AG was too dumb to take it up on their own accord the AG's boss would strongly suggest an investigation be opened.
Just to be clean I'm not defending Neuman/WeWork definitely did wrong and I think the statutes around securities fraud are broad enough to nail them, just that the technical legality is a footnote compared to the other motivators here. It should be obvious why this kind of prosecution is a politician's wet dream (and make no mistake, a state AG is a politician, just not an elected one) regardless of whether there's clear law violation or not.
Government doesn't swing into action like this because it's morally right or whatever (it may be morally right, but that is tangential). It swings into action because there are stakeholders to please and it's rare to have two big stakeholder groups aligned like this.
WeWork has employees in New York. Many exercised stock options. Many are about to be laid off and start filing for unemployment benefits.
Make that three groups the AG can potentially please.
Win^3 is way better than win^2
Too bad we don't get all around wins like this more often.
And from Scott Galloway ( https://www.profgalloway.com ) :)
Very interesting as what I understood was that, technically (SEC, SOX, whatever...), nothing of what Neumann did went against the rules, but maybe in this case the actions will be compared to the "spirit" of the (aggregated) rules?
EDIT: and I guess that Softbank would be happy if Neumann would somehow lose shares/votes.
What have you read that gave you that impression?
Which is a bit of a shame, of course, but the business judgment rule is pretty much a cornerstone of our laws at this point.
Now if he falsified records or hid things on the other hand, it could get fascinating to watch.
Isn't this entirely the point of running a business?
> others in the organization suffer hardships and layoffs and life disruptions
I feel like you know what you're getting into working for this sort of company.
No, the point of running a business is not to ransack investor money, but to grow it. Why would investors invest otherwise?
>> I feel like you know what you're getting into working for this sort of company
This sounds like victim-blaming to me.
Economically, the point of commerce is for us to create more value for each other than we could create on our own. Anything that extracts money without creating value is parasitic.
> I feel like you know what you're getting into working for this sort of company.
Nope. Surely most of the people who understood the problems didn't take jobs there. WeWork was actively hyped, and one of the functions of that hype was to make it seem like an attractive place to work.
This is news to me. I thought businesses were supposed to create value, especially shareholder value.
Sounds familiar... Enron?
Is Neumann the smartest guy in the room?
Less clear if anything criminal happened but let’s wait and see what the AG comes up with.
The NY AG’s domain is not limited to criminal law; there are plenty of civil laws with public causes of action enforced by the AG’s office.
“A company, who weeks after attempting to cash out low-value shares with the dollars of future investors by attempting to IPO under hand-wavy numbers,”
Then continued with the real article:
Is now “expected to lay off thousands of employees beginning this week as it faces ballooning losses”
Be bitter with him, fair enough, but be intelligent still
It's in the same bracket with the whole "Amazon pays $0 in taxes". Taking advantage of poor laws is not a crime. You can accuse them all you want, but we all do it albeit at a microscopic scale.
Punishing circumventers is not the answer, reviewing the law is.
Neumann did what was best for him. It was legal. That's all.
Your expectation of a person doing what is good for the greater good is your own weakness. I'm not telling you to stop, just don't cry foul when folks from other schools of thought do what they do best. Maximize returns.
I've always found this argument fascinating. I certainly don't, with the specific example of taxes (within my country, Australia). Is it that rampant in the US? Or is it really more that people who break the law assume everyone else does too?
If you don't claim depreciation on your rental property, the IRS will still recapture when you sell it- even though you didn't take it. So how is taking it an exploitation?
The intent of no CGT tax on your primary property is IMO security for families, but it can be exploited to make a regular alternative source of income tax free.
Exploiting would be more like renting a house out for twenty years and then claiming it as your primary just long enough to sell & claim the exclusion, maybe without even renting out your original-primary.
The resident-renovator isn't something I worry about. You might be getting a tax break on your sweat equity but improving a house is hard work and when you run the numbers it's often not much more profitable than working a day job.
Taking advantage of poor code by breaking into systems is a crime.
Why isn’t it a crime to take advantage of poorly written laws?
You don't get to just say that as a postulate.
You are making some awfully strong assumptions about the legality of Neumann's actions. How could you possibly know that everything he did was perfectly legal? The very fact that this investigation was opened strongly implies that you should be less certain in that assumption.