Contrarian Corpus
short seller research note follow up
2020-05-12 · 10 pages

Burford Capital BUR

Burford's 2019 financials rely on reclassifications and definition changes to mask an -11.8% drop in cash receipts, -35.5% drop in deployments, and $20.6m of unexplained fair-value gains.

N 4 Narrative
V 2 Visual
C 2 Craft
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Thesis

Muddy Waters argues that Burford Capital's delayed 2019 annual report uses serial reclassifications, redefinitions, and post-year-end asset transfers to mask a sharply deteriorating business. Adjusting for the inclusion of hedging in cash receipts and removing refinancing proceeds, cash receipts fell 11.8% YoY versus the company's flat presentation, and operating profit is overstated by about 8% due to $20.6 million of unexplained Indirect segment income that MW attributes to aggressive fair-value gains on hedges. Balance-sheet deployments dropped 35.5% and realizations fell 22.9% under the prior methodology, and a case reclassified into Direct more than a month after year-end padded 2019 vintage recoveries 13x. The Petersen/YPF mark of $773m remains indefensible given Argentina's 28-cent sovereign debt and the likelihood of peso-denominated judgment.

SCQA

Situation

Burford Capital is a London-listed litigation-finance firm that Muddy Waters has been short since August 2019, with its delayed 2019 annual report now public and under forensic review.

Complication

The 2019 report relies on reclassifying line items, redefining deployments/realizations to include hedging, and moving assets between segments after year-end to mask double-digit declines and $20.6m of unexplained fair-value gains.

Resolution

Burford must disclose 2019 income/loss from hedging activities, reconcile the $20.6m Indirect discrepancy with the concluded-case tables, and stop changing segment definitions that prevent apples-to-apples comparisons.

Reward

Stripping the reclassifications reveals cash receipts -11.8%, balance-sheet deployments -35.5%, realizations -22.9%, and overstatements of 14.5% in cash receipts and 8.0% in operating profit — confirming the short thesis.

The three reasons

  1. 1

    Reclassifications inflate 2019 cash receipts by 14.5%; true YoY decline is -11.8%

  2. 2

    $20.6m of unexplained Indirect income likely aggressive fair-value gains on hedges

  3. 3

    Post-year-end reclassification boosted 2019 vintage Direct recoveries 13x

Primary demands

  • Disclose how much income or loss the company recognized from hedging activities in 2019
  • Reconcile the $20.6 million Indirect income discrepancy with the portfolio's cash performance in the concluded investment tables
  • Stop changing segment reporting definitions that obscure YoY comparisons

KPIs cited

YoY cash receipts change (adjusted)
-11.8% vs. Burford's flat presentation
Degree of cash receipts overstatement
14.5% ($517.8m stated vs. $452.4m adjusted)
Underlying operating cash outflow
-$123.0m after reversing $114.7m of nonroutine inflows
Unexplained Indirect segment income
$20.6m unattributable to cash proceeds, ~8.0% operating-profit overstatement
Balance-sheet deployments YoY (ex-hedging)
-35.5% vs. reported -30.6%
Balance-sheet realizations YoY (ex-hedging)
-22.9% vs. reported -14.2%
Total deployments YoY (ex-hedging)
-9.1% vs. reported -5.2%
Complex strategies ROIC
Dropped from 16% (2018) to 8% (2019, capital provision - indirect)
2019 vintage Direct recoveries boost
13x via post-year-end reclassification of Case 170718 ($11.9m)
Petersen/Eton Park carrying value
$773m, marked at June 2019 transaction price
Argentina 100-year bond price
28 cents on the dollar (implied haircut on Petersen payout)
Balance sheet cash decline
$206m vs. $277m prior year, -26% YoY

Pattern membership

Where this document fits across the library's 12 rhetorical / structural patterns.

Precedents cited

  • Muddy Waters' August 2019 initial Burford short report
  • Muddy Waters February 2020 follow-up 'Horrible Second-Half Results Validate Our Thesis'
  • Farkhad Akhmedov yacht seizure failure (Burford asset recovery)
  • Neil Woodford entanglement with Burford

Notable slides (5)

Notes

Short-seller forensic-accounting memo, not a deck — Times Roman body text with tables and one hand-drawn-style classification flow chart (p.3). Title pun 'Husbanding Liquidity, Wife-ing Financials' sets the adversarial register. This is the third installment of MW's Burford campaign (initial Aug 2019, Feb 2020 follow-up, this May 2020 note on the delayed 2019 annual). Ticker BUR trades in London (LON:BUR). No explicit stake % disclosed beyond the standing 'short BUR' position. Management is critiqued collectively rather than by name (no CEO Chris Bogart called out explicitly). Key rhetorical devices: 'putting lipstick on the pig' metaphor repeated, quoting management's 'transparent' and 'conservative' claims ironically, mock-footnoted forensic audit style. Yellow highlight used in tables to spotlight the damning adjusted figures.